2025-12-02; City Council; 06; California Coastal Commission’s suggested modifications to the Housing Element Rezone Program and land use and zoning map corrections — Carlsbad City Council, December 2, 2025 (part 1 of 2)

CA Review CDS
Meeting Date: Dec. 2, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Scott Donnell, Senior Planner
[email protected], 442-339-2618
Subject: California Coastal Commission’s suggested modifications to the Housing Element Rezone Program and land use and zoning map corrections District: All
Rec
ommended Action
1) Hold a public hearing; and
2) Adopt a resolution acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program, as well as correcting mapping errors on sites 1, 2, 4 and 19 for GPA 2022-0001/LCPA 2022-0015 - Housing Element Rezone Program; and
3) Introduce an ordinance acknowledging receipt of and approving the California Coastal Commission’s suggested modifications to the Local Coastal Program, as well as correcting mapping errors on sites 1, 2 and 4 for ZCA 2022-0004/ZC 2022-0001/AMEND 2023- 0010/LCPA 2022-0015 - Housing Element Rezone Program.

Executive Summary
The City Council approved the Housing Element Rezone Program on Jan. 30, 2024, which resulted in the rezone of 16 sites necessary to accommodate the city’s housing obligations under state housing law and comply with the city’s state certified 2021-2029 Housing Element.

For those rezoned properties located in the city’s Coastal Zone, the California Coastal Commission needed to review and approve the changes before they could be effective.

At its meeting on Aug. 15, 2025, the Coastal Commission approved the proposed changes with certain modifications, which are described in this staff report and are being brought before the City Council for consideration. City staff recommend that the modifications be adopted as drafted.

Explanation & Analysis
Background
The city’s 2021-2029 Housing Element, which is a plan describing, in part, how and where housing development will occur in the city, was approved by the City Council on Jan. 30, 2024.

The approval included amendments to the General Plan, Zoning Ordinance, and Local Coastal Program, including land use and zoning maps, as well as amendments to several master and Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B specific plans.1 Changes also included rezoning select sites throughout Carlsbad from non- residential to residential use and “upzoning” lower-density residential sites to higher densities.

Outside the Coastal Zone, all approved amendments, including the rezonings, were effective on March 8, 2024. However, for the amendments to be effective within the Coastal Zone, the California Coastal Commission had to review and approve the city’s amendment to its Local Coastal Program, the planning document for the Coastal Zone.

The city submitted its Local Coastal Program amendment to the Coastal Commission on March 29, 2024, and on Aug. 15, 2025, the Coastal Commission approved the amendments with eight suggested modifications (Exhibit 8).

Coastal Commission’s suggested modifications
The suggested Local Coastal Program amendment modifications, included as part of Coastal Commission’s Aug. 15, 2025, approval, are summarized below:

Revisions to the Local Coastal Program land use plan
• Add a policy to the Mello II segment to ensure future residential development at Site 17, the Poinsettia Coaster Station, avoids adverse impacts on nearby sensitive habitat and vernal pools. As part of the Housing Element Rezone Program, the City Council revised the site’s land use standards to permit residential uses in addition to the current transit uses.
• Modify a policy of the land use plan’s East Batiquitos Lagoon/Hunt Properties segment to clarify that building height shall be consistent with the Zoning Ordinance unless as otherwise indicated in the Green Valley Master Plan. The Green Valley Master Plan includes Housing Element Rezone Program Site 19, which was redesignated from commercial to residential.

Revisions to the Zoning Ordinance
• Amend a Zoning Ordinance standard to add the missing referenced City Council resolution number (No. 2024-014) that certified the Housing Element Rezone Program Supplemental Environmental Impact Report.
• Restore the previous front yard standard for the RD-M Zone, the residential zone applied to all sites rezoned as part of the Housing Element Rezone Program. The city proposed to replace the standard with a similar, but simpler requirement. The suggested modification restored the original language as it also provided a minimum landscape requirement. Other Zoning Ordinance standard revisions approved by the City Council to facilitate development, such as building height and lot coverage, were not affected by the suggested modifications.

Revisions to the Green Valley Master Plan
• Revise the plan’s development standards to restrict residential development to the east portion of Site 19, closest to Calle Barcelona, and encourage the clustering of such 1 The state required Local Coastal Program, the planning document for the city’s Coastal Zone, includes the city’s land use plans, zoning ordinance, zoning district maps, and related items.

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development. Include language clarifying that such standards shall not prevent the minimum number of housing units or density identified by Housing Element for that site.
• Revise the Master Plan’s Land Use map and Planning Area 2 map to note the western portion of Site 19 shall not be developed.
• Revise the plan’s General Plan Land Use map to note land use boundaries indicated are conceptual and to consult official city maps for boundary information. • Modify the plan’s Land Use Summary table to correct and update certain acreages for the planning areas of the master plan.

Staff have considered the modifications and recommend 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 by Feb. 15, 2026, the land use changes required to implement Housing Element programs will not become effective in the Coastal Zone. Exhibit 7 shows how the Coastal Commission’s suggested modifications would be implemented in strikeout/underlined format.

Corrective mapping changes
During review of this project, Coastal Commission and city staff realized minor errors in the Local Coastal Program land use maps approved by the City Council for Housing Element Rezone Program Site 1 (the North County Plaza shopping center along Marron Road) and Site 19. The same error was also realized in the approved zoning map for Site 1. The maps properly identified the land use designations and zoning for each of the sites but did not accurately show the existing boundaries of open space on the sites. The city provided corrected maps to Coastal Commission staff and the Coastal Commission approved the corrected maps instead of identifying them as suggested modifications.

A corresponding correction is also necessary for amendments to the General Plan Land Use maps for Sites 1 and 19. The General Plan is not within the purview of the Coastal Commission.

Furthermore, two Housing Element Rezone Program sites outside the Coastal Zone, Sites 2 and 4, also require the same correction to properly identify the existing open space boundaries on both the General Plan Land Use map and zoning map.

The table below reports all corrective mapping changes.

Site
number
Map corrections per site
Local Coastal
Program
land use map
Zoning Map General Plan
land use map
1 2 n/a
4 n/a
19 n/a
The corrected maps are provided as attachments to Exhibits 1 and 2.

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Housing Element and state restrictions
As noted above, denial of the Coastal Commission’s suggested modifications will mean the original changes adopted by the City Council in 2024 will not go into effect in the Coastal Zone.

Failure to approve the modifications also means the city risks not meeting its Housing Element commitments and complying with certain state housing laws. A lack of compliance could result in the state decertifying the city’s Housing Element and taking legal action against the city, as further detailed in the Jan. 30, 2024, City Council staff report (Exhibit 6).

Coastal Commission and city staff have worked cooperatively in developing the suggested modifications. Staff recommend approval of the modifications because they align with Housing Element objectives, maintain compliance with state requirements and are consistent with the Coastal Act.

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 adoption at the next City Council meeting. The City Clerk’s Office will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. 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, as approved in Exhibits 3, 4 and 5 and amended by the suggested modifications, will become effective immediately after the Executive Director’s report to the Coastal Commission.

Environmental Evaluation
The Coastal Commission’s suggested modifications to the Local Coastal Program are statutorily exempt from the California Environmental Quality Act, or CEQA, pursuant to CEQA Guidelines Section 15265, which states that 1) CEQA does not apply to the city’s activities and approvals necessary for the preparation and adoption of a local coastal program, and 2) the burden of CEQA compliance is shifted from the city to the Coastal Commission for certification of a local coastal program.

Further, the minor corrections to the land use and zoning maps are exempt from the CEQA under the commonsense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment because the proposed map corrections do not directly or indirectly authorize or approve any actual changes in the physical environment.

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibits

1. City Council resolution

2. City Council ordinance

3. City
Council Ordinance No. CS-465 (on file in the Office of the City Clerk)

4. City
Council Ordinance No. CS-466 (on file in the Office of the City Clerk)

5. City Council Resolution No. 2024-015 (on file in the Office of the City Clerk)

6. Staff Report from the Jan. 30, 2024, City Council Meeting (on file in the Office of the City Clerk)

7. Sugg
ested modifications

8. Coastal Commission’s suggested modifications approval notice, dated Aug. 26, 2025

9. Coastal Commission’s suggested modifications staff report, dated July 31, 2025, and staff report exhibits, dated Aug. 15, 2025

10. Draft notice of California Environmental Quality Act exemption Dec. 2, 2025
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RESOLUTION NO. 2025-257 .

RESOLUTION 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 , AS WELL AS CORRECTING MAPPING ERRORS ON SITES 1, 2, 4 AND 19, FOR GPA 2022-0001/LCPA 2022-0015 - HOUSING

ELEMENT REZONE PROGRAM
W
HEREAS, on Jan. 30, 2024, the City Council adopted Resolution No. 2024-015, approving GPA 2022-0001 and LCPA 2022-0015; and
WHEREAS, the Carlsbad Local Coastal Program Land Use Map and East Batiquitos Lagoon/ Hunt Properties Segment are components of the Carlsbad Local Coastal Program land use plan , and therefore, any amendment to the Local Coastal Program Land Use Map and East Batiquitos Lagoon/ Hunt Properties Segment also constitutes an amendment to the Local Coastal Program; and WHEREAS, the California Coastal Act requires Coastal Commission certification of any local coastal program amendment; and
WHEREAS, on Aug. 15, 2025, the California Coastal Commission approved the city's Local Coastal Program Amendment (LCA 2022-0015) with suggested modifications; and WHEREAS, the California Coastal Commission's approval of LCPA 2022 -0015 will not become effective until the Coastal Commission certifies that the city has amended its Local Coastal Program pursuant to the commission's suggested modifications; and WHEREAS, the General Plan and Local Coastal Program land use map changes approved by City Council on Jan. 30, 2024, did not accurately show the existing boundaries of open space on Sites 1, 2, 4 and 19 of the Housing Element Rezone Program; and
WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider the Coastal Commission's suggested modifications and map corrections.

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

1. That the above recitations are true and correct.

2. The Coastal Commission’s suggested modifications to the Local Coastal Program are statutorily exempt from the California Environmental Quality Act, or CEQA, pursuant to CEQA Guidelines Section 15265, which states that 1) CEQA does not apply to the city’s activities and approvals necessary for the preparation and adoption of a local coastal Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B program, and 2) the burden of CEQA compliance is shifted from the city to the Coastal Commission for certification of a local coastal program. Further, the minor corrections to the land use maps are exempt from the CEQA under the commonsense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment because the proposed map corrections do not directly or indirectly authorize or approve any actual changes in the physical environment.

3. That the Coastal Commission's suggested modifications to the Local Coastal Program East Batiquitos Lagoon/ Hunt Properties Segment (LCPA 2022 -0015), are approved as shown in Attachment A of this resolution.

4. That the Coastal Commission's suggested modifications to the Local Coastal Program Mello II Segment (LCPA 2022 -0015), are approved as shown in Attachment B of this resolution.

5. That the corrections to the General Plan land use maps for Sites 1, 2, 4 and 19 of the Housing Element Rezone Program (GPA 2022 -0001) are approved as shown in Attachment C.

E
FFECTIVE DATE: This resolution shall be effective either thirty days after its adoption, or upon the date the Executive Director of the California Coastal Commission certifies that implementation of LCPA 2022-0015 will be consistent with the Coastal Commission's approval of the Local Coastal Program amendments with suggested modifications, whichever occurs later.

Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B PASSED, APPROVED AND ADOPTED at a Regula r Meeting of the City Council of the City of Carlsbad on the 2nd day of December, 2025 , by the following vote, to wit:

AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.

NAYS: None.

ABSTAIN: None.

ABSENT: None.
_______
________________________________
KEITH BLACKBURN, Mayor
_______
_______________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Dec. 2, 2025
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Attachment A
LCPA 2022-0015 - HOUSING ELEMENT REZONE PROGRAM

COASTAL COMMISSION SUGGESTED MODIFICATIONS

LOCAL COASTAL PROGRAM EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT Se
ction B. 1. (3) (b) of the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program land use plan is amended to read:
(b
) Upland (approximately 240 acres) is designated for a combination of Residential R-15 – 11.5-15 du/ac and R-23 – 19-23 du/ac), Regional Commercial (R), and Open Space uses. The maximum height of new development shall be consistent with the Carlsbad Municipal Code, unless otherwise indicated in the certified Green Valley Master Plan. Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real. Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors.

Development of the entire 280 acres of Green Valley shall be pursuant to the certified Master Plan, as amended, which is consistent with the uses allowed by the Carlsbad General Plan.

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Table I-1 of the Green Valley Master Plan, as follows:

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Figure II-1 of the Green Valley Master Plan, as follows:

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Section VI.C, Development Standards description, of the Green Valley Master Plan to read:

Development Standards

The development standards in this section apply only to the commercial area designated Regional Commercial (R).

Commercial development within the area designated Regional Commercial (R) shall be subject to all applicable development standards in the Carlsbad Municipal Code (CMC), including Chapter 21.28 (C -2), except as modified below. Development is subject to the approval of a Site Development Plan.

Residential development within the area designated R -23 (Residential 19- 23 du/ac) shall be subject to all applicable requirements of the Local Coastal Program and the development
standards in the CMC, including Chapter 21.24 (RD -M), as specified below. Development is subject to approval of a site development plan (apartments) or a planned development permit (condominiums).

The eastern and western portions of the area designated R- 23 are divided by a steep slope. The western portion of the site at the top of the slope shall not be developed and shall be available for habitat restoration/mitigation purposes. Development shall be clustered on the eastern portion of the site. Clustering development on the eastern portion of the site shall not prevent meeting the density used in the Housing Element for the site, which is assumed to yield approximately 76 dwelling units. The density yield shall be determined based on a site -specific analysis to confirm the net developable acres. The decision-maker may authorize waivers to development standards, such as setbacks and building height, to achieve the number of units required by the Hous ing Element.

Delete Section VI.C, Setbacks (residential area), of the Green Valley Master Plan.

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Figure VI-11 of the Green Valley Master Plan, as follows:

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Attachment B
LCPA 2022-0015 - HOUSING ELEMENT REZONE PROGRAM

COASTAL COMMISSION SUGGESTED MODIFICATIONS

LOCAL COASTAL PROGRAM MELLO II SEGMENT
Polic
y 3-9 is added to Section B.3 of the Mello II Segment of the Local Coastal Program land use plan to read:

POL
ICY 3-9 POINSETTIA COASTER STATION
(a) Resi
dential Development:
(1) Residential development shall be permitted to take place only on APNs 214-150-20-00 and 214-150-08-00, in accordance with the underlying LCP Land Use designation. The residential land use designations shall represent the maximum density permitted, subject to the application of any requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. (2) Residential development shall not take place on APN 214-150-11-00. (3) Shading Analysis – A sun/shade analysis shall be required as a filing requirement for all coastal development permit applications associated with any residential or mixed-use development proposed on APNs 214-150-20-00 and 214-150-08-00, subject to approval by the City of Carlsbad Planning Department, California Department of Fish and Wildlife, and other relevant resource agencies. The shading analysis shall incorporate a graphic representation of how the proposed structure(s) will potentially shade the sensitive habitat and vernal pools on the site during at least five times of the day (6 AM, 9AM, 12PM, 3PM, and 6PM) of the winter and summer solstices and the spring and fall equinoxes. The shading analysis shall address possible negative impacts to the sensitive habitat and vernal pools by new shading from the proposed structure(s), and shall discuss methods to minimize such adverse impacts, such as but not limited to, lowering the height(s) of the structure(s), increasing setbacks from the vernal pool channel, utilizing bird-safe glass for greater sunlight infiltration, and architectural articulation or modulation changes. (b) Parking
(1) Parking lots shall incorporate innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole or podium construction) to minimize paved surface area.
(2) No underground parking shall be allowed, and podium-level or multi-story parking structures requiring foundations shall utilize the minimum necessary foundations for support. (c) Water Quality
(1) New development shall avoid adverse impacts on vernal pools. (2) The property owner shall not interfere with or conduct work contrary to the existing conservation easement or vernal pool preserve management plan(s) applicable to the site. (3) Drainage and runoff shall be controlled so as not to exceed at any time the drainage or runoff rates associated with the property prior to the proposed development, and appropriate measures shall be taken on or offsite to prevent siltation of vernal pools, aquatic habitats, and other environmentally sensitive areas.

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(4) All development shall implement the water quality requirements listed in subsection (i) of Mello II LUP Policy 3-5 (Kelly Ranch/Macario Canyon Area), unless they otherwise conflict with this policy.
(5) Groundwater and Hydraulics Analysis – Submittal of a groundwater and hydraulics analysis conducted by a licensed professional qualified in hydrology and hydraulics shall be required as a filing requirement for all coastal development permit applications associated with any development. The groundwater and hydraulics analysis shall determine the depth of the groundwater table at that portion of the site, as well as include quantitative measurements and additional discussion of any hydrological connection between groundwater, drainage (including percolated runoff), existing drainage infrastructure on the site, and underground feeding of the vernal pools. The analysis shall discuss methods to minimize adverse impacts to the vernal pools resulting from ground-disturbing activities or those that would otherwise alter the drainage patterns onsite. The analysis shall discuss whether pollutants or contaminants from the proposed development would potentially reach and negatively affect the vernal pools due to the hydrology of the site. If so, the analysis shall indicate methods to control hydraulics, which may include, but not be limited to, onsite catchment basins, detention basins, siltation traps, and dissipators.

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B R
OS
OSOS
OS
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R-4 R-4OS
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RSite 1

OCEANSIDE

PLAZACAMINO REAL DY

MARRON RDMONROE
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JEFFERSON ST
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Site 1

OCEANSIDE

MARRON RD

PLAZACAMINOREAL DY
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ST

JEFFERSONST

EXISTING

PROPOSED
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site1.mxd Exhibit "GPA 2022-0001/LCPA 2022-0015"
November 18, 2025
Site 1 -- North County Plaza
Attachment C
Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B R
R
OS
Site 2
Site 2Site 2
R
R
R
R
R
R
R
R
R
R
Site 2
Site 2
Site 2
R
R
R
R
OS
R
OS
L
R
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OS
L

OS OS OS
R
R-15
R
R
R
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OCEANSIDE
EL
CAM
INO
REAL

MARRON RD

PLAZA DR

HAYMAR DRPLAZA CAMINO REAL DY

SOUTH VISTA WY
OS
Site 2
Site 2
Site 2
R/R-40
OS
R
R
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OS
Site 2
Site 2
Site 2
OS OS
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R
RR
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R/R-40
R/R-40R/R-40
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R/R-40/R-23R/R-40/R-23
R/R-40/R-23

OCEANSIDE
EL
CAM
INO
REAL

MARRON RD

PLAZA DR

HAYMAR DRPLAZA CAMINO REAL DY
Exhibit "GPA 2022-0001"

EXISTING

PROPOSED
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site2_GPLU.mxd Site 2 -- The Shoppes at Carlsbad parking lot
October 18, 2023
From: To:

A. 156-301-11-00 R/OS R/R-40/R-23/OS
B. 156-302-14-00 R R/R-40/R-23
C. 156-302-35-00 R R/R-40/R-23
D. 156-301-06-00 R R/R-40
E. 156-301-10-00 R R/R-40
F. 156-302-23-00 R R/R-40
G. 156-302-17-00 R R/R-40
General Plan Map Designation Change
Property APN
Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B OS
R-4
OS
R-4
R-8
R-8
PI
R-4
OS
OS
R-4
OS
R-8
OS OS
R-4
R-4
R-4
R-4
R-4
R-23
R-15/L
R-4
Site 4

COLLEGE
BL

EL CAMINO REAL

CAMINO HILLS DR

JACKSPARDR

COYOTE C T

FOXTAIL LOOP

MORGANRD

COTTONTAIL RD

REEF CR
SUNNY

CREEKRD
OSR-30
R-23
R-8
R-4
R-8
OS
OS
R-4
R-4 R-4
R-8
PI
R-4
R-4
R-4
R-4
OS OS
OSSite 4
R-15/R-30 COLLEGE

BLEL CAMINOREAL

JACKSPAR DR

COTTONTAILRD

MORGANRD FOXTAIL LOOP

COYOTE C T
REEF
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SUNNYCREEK RD
Exhibit "GPA 2022-0001"

EXISTING

PROPOSED
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site4_GPLU.mxd Site 4 -- Zone 15 cluster
October 18, 2023
From: To:

A. 209-060-72-00 R-4/OS R-30/OS
B. 209-090-11-00 R-15/L R-15/R-30
General Plan Map Designation Change
Property APN
Dec. 2, 2025
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OSOSOSOS
OS
OS
OS
R
R
Site 19
OS
OS
R
OS
R-15

ENCINITAS

WOODFERNLN
CALLE

BARCELONA

TRAILEASEM
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OS
OSOS
OSR-23
R-23
R-15
OS
R
OS
OS
Site 19

ENCINITAS

WOODFERN
LN
CALLE

BARCELONA

TRAILEASEM
ENT

EXISTING

PROPOSED
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site19_GPLU.mxd Site 19 -- La Costa Glen/Forum
Exhibit "GPA 2022-0001/LCPA 2022-0015"
November 18, 2025
Dec. 2, 2025
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ORDINANCE NO. CS-502 .

N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, ACKNOWLEDGING RECEIPT OF AND APPROVING THE
CALIFORNIA COASTAL COMMISSION’S SUGGESTED MODIFICATIONS TO THE

LOCAL COASTAL PROGRAM , AS WELL AS CORRECTING MAPPING ERRORS ON SITES 1, 2 AND 4 FOR ZCA 2022- 0004/ZC 2022 -0001/AMEND 2023 - 0010/LCPA 2022-0015 - HOUSING ELEMENT REZONE PROGRAM
W
HEREAS, on Feb. 6, 2024, the City Council adopted Ordinance No. CS -465, approving ZCA 2022-0004/ZC 2022- 0001/LCPA 2022 -0015, and Ordinance No. CS -466 approving A MEND 2023 - 0010/LCPA 2022-0015; and
WHEREAS, the Carlsbad Zoning Ordinance, Zoning Map and Green Valley Master Plan are components of the Carlsbad Local Coastal Program implementation plan, and therefore, an y amendment to the Zoning Ordinance, Zoning Map or Green Valley Master Plan also constitutes an amendment to the Local Coastal Program; and
WHEREAS, on Aug. 15, 2025, the California Coastal Commission approved the city's Local Coastal Program Amendment (LCPA 2022-0015) with suggested modifications; and WHEREAS, the zoning map changes approved by City Council on Feb. 6, 2024, did not accurately show the existing boundaries of open space on Sites 1, 2 and 4 of the Housing Element Rezone Program; and
WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider the Coastal Commission's suggested modifications and map corrections.

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

1. That the above recitations are true and correct.

2. The Coastal Commission’s suggested modific ations to the Local Coastal Program are statutorily exempt from the California Environmental Quality Act, or CEQA, pursuant to CEQA Guidelines Section 15265, which states that 1) CEQA does not apply to the city’s activities and approvals necessary for the preparation and adoption of a local coastal program, and 2) the burden of CEQA compliance is shifted from the city to the Coastal Commission for certification of a local coastal program. Further, the minor corrections to the zoning map are exempt from the CEQA under the commonsense exemption, Section 15061(b)(3) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment because the proposed map corrections do not Dec. 2, 2025
Item #6 Page 20 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B directly or indirectly authorize or approve any actual changes in the physical environment.

3. Carlsbad Municipal Code Section 21.24.020 Table A, Note 7, is amended to read:

7. H
ousing developments that contain a minimum of 20 percent affordability to lower-inc
ome 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 2024-014.

4. Carls
bad Municipal Code Section 21.24.040 is amended to read:

21.24.040 Front yard.

A. There shall be a front yard of not less than twenty feet in depth with exceptions as
follows:

1. Fifteen feet shall be permitted providing carport or garage openings do not face onto the front yard; and

2. Ten feet shall be permitted providing carport or garage openings do not face onto the front yard, and that the remaining front yard is landscaped with a combination of flowers, shrubs, trees and irrigated with a sprinkler system. Landscape plans and irrigation system plans shall be approved by the city planner prior to issuance of a building permit for a proposed structure.

5. The Zoning Map is amended as shown on Attachment A.

6. The Green Valley Master Plan is amended as shown on Attachment B.

EF
FECTIVE DATE: This ordinance shall be effective either thirty days after its adoption, or upon the date the Executive Director of the California Coastal Commission certifies that implementation of LCPA 2022-0015 will be consistent with the Coastal Commission's approval of the Local Coastal Program amendments with suggested modifications, whichever occurs later. The City Clerk shall certify the Dec. 2, 2025
Item #6 Page 21 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B adoption of this ordinance and cause the full text of the ordinance or a summary of t he 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 2nd day of December, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regula r Meeting of the City Council of the Cit y of Carlsbad on the __ day of ______ __, 2025, by the following vote, to wit:

AY
ES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED AS TO FORM AND LEGALITY:
_______
__________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______
________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Dec. 2, 2025
Item #6 Page 22 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B C-2-Q
C-2
OS R-1
OS
OS
OS
OS
OS OS
OS
C-2
C-2
C-2-Q
R-1
C-2
C-2

OCEANSIDE

PLAZACAMINO REAL DY

MARRON RDMONROE
ST

JEFFERSON ST
Site 1
OS
C-2-Q/RD-M
OS
OS
C-2/RD-M
OS
OS
OS
R-1
OS
C-2
C-2
C-2
C-2-Q
OS

OCEANSIDE

MARRON RD

PLAZACAMINOREAL DY
M
ONROE
ST

JEFFERSONST
Site 1

EXISTING

PROPOSED
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site1_Zoning.mxd Exhibit "ZC 2022-0001/LCPA 2022-0015"
November 18, 2025
Site 1 -- North County Plaza
Attachment A
Dec. 2, 2025
Item #6 Page 23 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Site 2
C-2-Q
OS
C-2
C-2
C-2
C-2
C-2C-2
C-2
C-2
Site 2
Site 2 Site 2
OS
P-C
C-2C-2
C-2

OS OS P-C
C-2
P-C
C-L
C-2
C-2
C-2

OCEANSIDE
EL
CAM
INO
REAL

MARRON RD

PLAZA DR

HAYMAR DRPLAZA CAMINO REAL DY

SOUTH VISTA WY
Site 2
C-2/RD-M
Site 2
Site 2
C-2/RD-M
OS
Site 2
Site 2
Site 2
OS OS
C-2
C-L
P-C
C-L
P-C
C-2
OS
C-2C-2
C-2
C-2 C-2
C-2-Q
C-2/RD-M
C-2/RD-M
C-2/RD-M
C-2/RD-M
C-2/RD-MC-2/RD-M

OCEANSIDE
EL
CAM
INO
REAL

MARRON RD

PLAZA DR

HAYMAR DRPLAZA CAMINO REAL DY
Exhibit "ZC 2022-0001"

EXISTING

PROPOSED
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site2_Zoning.mxd Site 2 -- The Shoppes at Carlsbad parking lot
October 18, 2023
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. 156-301-10-00 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
Zoning Map Designation Change
Property APN
Dec. 2, 2025
Item #6 Page 24 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B OS
OS
R-1
RD-M
OS
OS
R-1
OS
R-1

RD-M/C-LOS RD-M
OS

RD-M/RMHP
C-M
OSRMHP
R-1
R-1-0.5-Q
L-C
RMHP

COLLEGE
BL

EL CAMINO REAL

CAMINO HILLS DR

JACKSPARDR
CO

YOTE CT

FOXTAIL LOOP

MORGANRD

COTTONTAIL RD

REEF CR

S UNNYCREEKRD
Site 4
R-1 R-1
OS
RD-M
OS
RD-M
OSRD-M

OS RD-M
OS

RD-M/RMHP
C-M
OS
OSRMHP
R-1-0.5-Q
R-1
L-C
RMHP

COLLEGE
BL

EL CAMINOREAL

JACKSPAR DR

MORGANRD FOXTAIL LOOP
CO
Y
OTE CT

REEF CR

SUNNY CREEKRD
Site 4
Exhibit "ZC 2022-0001"

EXISTING

PROPOSED
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site4_Zoning.mxd Site 4 -- Zone 15 cluster
October 18, 2023
From: To:

A. 209-060-72-00 R-1/OS RD-M/OS
B. 209-090-11-00 RD-M/C-L RD-M
Zoning Map Designation Change
Property APN
Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Attachment B
AMEND 2023-0010/LCPA 2022-0015 - HOUSING ELEMENT IMPLEMENTATION

COASTAL COMMISSION SUGGESTED MODIFICATIONS

GREEN VALLEY MASTER PLAN
Am
end Figure 1-5 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Table I-1 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Figure II-1 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Section VI.C, Development Standards description, of the Green Valley Master Plan to read:

Development Standards

The development standards in this section apply only to the commercial area designated Regional Commercial (R).

Delete Section VI.C, Setbacks (residential area), of the Green Valley Master Plan.

Dec. 2, 2025
Item #6 Page 29 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Figure VI-11 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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City Council Ordinance No. CS-465
(on file in the Office of the City Clerk)

Dec. 2, 2025
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City Council Ordinance No. CS-466
(on file in the Office of the City Clerk)

Dec. 2, 2025
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City Council Resolution No. 2024-015
(on file in the Office of the City Clerk)

Dec. 2, 2025
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Staff Report from the Jan. 30, 2024, City Council Meeting (on file in the Office of the City Clerk)

Dec. 2, 2025
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STRIKEOUT/UNDERLINE
LCPA 2022-0015 - HOUSING ELEMENT IMPLEMENTATION

COASTAL COMMISSION SUGGESTED MODIFICATIONS
A. L
ocal Coastal Program Land Use Plan - East Batiquitos Lagoon /Hunt Properties Segment

1. Sec
tion B. 1. (3) (b) of the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program land use plan is amended as follows:
(b
) Upland (approximately 240 acres) is designated for a combination of Residential R-15 – 11.5-15 du/ac and R-23 – 19-23 du/ac), Regional Commercial (R), and Open Space uses. The maximum height of new development shall be limited to 35 feet consistent with the Carlsbad Municipal Code, unless otherwise indicated in the certified Green Valley Master Plan. Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real.

Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors. Development of the entire 280 acres of Green Valley shall be pursuant to the certified Master Plan, as amended, which is consistent with the uses allowed by the Carlsbad General Plan.

B. L
ocal Coastal Program Land Use Plan – Mello II Segment

1. A
dd the following policy to the Mello II Segment of the Local Coastal Program land use plan:

Exhibit 7
Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B (b) Parking
(1) Parking lots shall incorporate innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole or podium construction) to minimize paved surface area.
(2) No underground parking shall be allowed, and podium-level or multi-story parking structures requiring foundations shall utilize the minimum necessary foundations for support. (c) Water Quality
(1) New development shall avoid adverse impacts on vernal pools. (2) The property owner shall not interfere with or conduct work contrary to the existing conservation easement or vernal pool preserve management plan(s) applicable to the site. (3) Drainage and runoff shall be controlled so as not to exceed at any time the drainage or runoff rates associated with the property prior to the proposed development, and appropriate measures shall be taken on or offsite to prevent siltation of vernal pools, aquatic habitats, and other environmentally sensitive areas.
(4) All development shall implement the water quality requirements listed in subsection (i) of Mello II LUP Policy 3-5 (Kelly Ranch/Macario Canyon Area), unless they otherwise conflict with this policy.
(5) Groundwater and Hydraulics Analysis – Submittal of a groundwater and hydraulics analysis conducted by a licensed professional qualified in hydrology and hydraulics shall be required as a filing requirement for all coastal development permit applications associated with any development. The groundwater and hydraulics analysis shall determine the depth of the groundwater table at that portion of the site, as well as include quantitative measurements and additional discussion of any hydrological connection between groundwater, drainage (including percolated runoff), existing drainage infrastructure on the site, and underground feeding of the vernal pools. The analysis shall discuss methods to minimize adverse impacts to the vernal pools resulting from ground-disturbing activities or those that would otherwise alter the drainage patterns onsite. The analysis shall discuss whether pollutants or contaminants from the proposed development would potentially reach and negatively affect the vernal pools due to the hydrology of the site. If so, the analysis shall indicate methods to control hydraulics, which may include, but not be limited to, onsite catchment basins, detention basins, siltation traps, and dissipators.
_____________________________________________________________________________________

C. Carlsbad Municipal Code Title 21 (Zoning)

1. Amend Section 21.24.020 Table A, Note 7, to read:

7. Housing 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 2024-014X-XXX.

Dec. 2, 2025
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D. Carlsbad Municipal Code Title 21 (Zoning)

1. Amend Section 21.24.40 by restoring subsections A.1 and A.2 to read:

21.24.040 Front yard.

A. There shall be a front yard of not less than twenty feet in depth with exceptions as follows:

1. Fifteen feet shall be permitted providing carport or garage openings do not face onto the front yard; and

Dec. 2, 2025
Item #6 Page 37 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Figure 1-5 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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Amend Table I-1 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Figure II-1 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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Amend Section VI.C, Development Standards description, of the Green Valley Master Plan to read:

Development Standards

The development standards in this section apply only to the commercial area designated Regional Commercial (R).

Residential development within the area designated R -23 (Residential 19- 23 du/ac) shall be subject to all applicable requirements of the Local Coastal Program and the development
standards in the CMC, including Chapter 21.24 (RD- M), except for building setbacks from Calle Barcelona, as specified below. Development is subject to approval of a site development plan (apartments) or a planned development permit (condominiums).

The eas
tern and western portions of the area designated R- 23 are divided by a steep slope. The western portion of the site at the top of the slope shall not be developed and shall be available for habitat restoration/mitigation purposes. Development shall be clustered on the eastern portion of the site. Clustering development on the eastern portion of the site shall not prevent meeting the density used in the Housing Element for the site, which is assumed to yield approximately 76 dwelling units. The density yield shall be determined based on a site -specific analysis to confirm the net developable acres. The decision-maker may authorize waivers to development standards, such as setbacks and building height, to achieve the number of units required by the Hous ing Element.

Delete Section VI.C, Setbacks (residential area), of the Green Valley Master Plan:

Setbacks (residential area)

1. A minimum setback of 35 feet shall be maintained from Calle Barcelona. This setback is applicable to all structures and all fences or walls greater than 42 inches in height.

2. Refer to Carlsbad Municipal Code Title 21 for all other setback requirements.

Dec. 2, 2025
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Amend Figure VI-11 of the Green Valley Master Plan, as follows:

Dec. 2, 2025
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S TATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CAL IFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108- 4402
VOICE (619) 767- 2370
August
26, 2025 SENT VIA EMAIL ONLY
Scot
t Donnell, Senior Planner
City of Carlsbad, Community Development Department
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Cit
y of Carlsbad Local Coastal Program Amendment No. LCP-6-CAR-24-0013-1 (Carlsbad Housing Element Rezone)
Dear S
cott Donnell:

On Au
gust 15, 2025, the California Coastal Commission approved the above referenced amendment to the City of Carlsbad Local Coastal Program (LCP). The amendment modifies the Land Use Plan (LUP), Implementation Plan (IP), and land use and zoning maps of the certified LCP to redesignate seven sites within the City’s coastal zone to allow higher-density residential development. Additional changes to the LCP include two new land use designations, incorporating the land use designations into several development standards, and imposing certain affordability requirements.

The Co
mmission approved the LCP amendment with suggested modifications to ensure protection of coastal resources and correct administrative errors. The attached suggested modifications contain the specific changes adopted by the Coastal Commission (Attachment A).

Befor
e 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 ord
er 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, maps, and figures 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 considering any change from what is presented in the attached suggested modifications, you should contact this office immediately.

The Co
mmission’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 Exhibit 8
Dec. 2, 2025
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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 for your cooperation and we look forward to working with you and City staff in the future. If you have any questions, please contact me at [email protected].

Sincerely,

Toni Ross
Coastal Resilience Coordinator
Dec. 2, 2025
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Attachment A
SUGGESTED MODIFICATIONS – LCP-6-CAR-24-0013-1

Certification of City of Carlsbad LCP Amendment Request No. LCP-6-CAR-24-0013-1 is subject to the suggested modifications below. If the City accepts the suggested modifications within six months of Commission action (i.e., by February 15, 2026), by formal resolution of the City Council, the City’s Local Coastal Program Amendment will become effective once the Executive Director has determined that the City’s acceptance of the suggested modification is legally adequate and has reported such determination to the Commission.

Please note that the following formatting is used for the suggested modifications:

Strikethrough Text
= Suggested language to be removed
Underline Text = Suggested language to be added

REVISIONS TO LAND USE PLAN

1. Modify Section B.1.(3)(b) of the East Batiquitos Lagoon/Hunt Properties Segment of the LUP as follows:

Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real.

Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors. Development of the entire 280 acres of Green Valley shall be pursuant to a the certified Master Plan, as amended, which is consistent with the uses allowed by the Carlsbad General Plan.

2. Add Mello II LUP Policy 3-9 f or the Poinsettia Coaster Station:

POLICY 3-9 POINSETTIA COASTER STATION

(a) Residential Development:
(1) Residential development shall be permitted to take place only on APNs 214-150-20-00 and 214-150-08-00, in accordance with the underlying LCP Land Use designation. The residential land use designations shall represent the maximum density permitted, subject to the application of any requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP.

(2) Residential development shall not take place on APN 214-150-11-00.

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(3) Shading Analysis – A sun/shade analysis shall be required as a filing requirement for all coastal development permit applications associated with any residential or mixed-use development proposed on APNs 214- 150-20-00 and 214-150-08-00, subject to approval by the City of Carlsbad Planning Department, California Department of Fish and Wildlife, and other relevant resource agencies. The shading analysis shall incorporate a graphic representation of how the proposed structure(s) will potentially shade the sensitive habitat and vernal pools on the site during at least five times of the day (6 AM, 9AM, 12PM, 3PM, and 6PM) of the winter and summer solstices and the spring and fall equinoxes. The shading analysis shall address possible negative impacts to the sensitive habitat and vernal pools by new shading from the proposed structure(s), and shall discuss methods to minimize such adverse impacts, such as but not limited to, lowering the height(s) of the structure(s), increasing setbacks from the vernal pool channel, utilizing bird-safe glass for greater sunlight infiltration, and architectural articulation or modulation changes.

(b) Parking

(1) Parking lots shall incorporate innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole or podium construction) to minimize paved surface area.

(2) No underground parking shall be allowed, and podium-level or multi- story parking structures requiring foundations shall utilize the minimum necessary foundations for support.

(1) New development shall avoid adverse impacts on vernal pools.

(2) The property owner shall not interfere with or conduct work contrary to the existing conservation easement or vernal pool preserve management plan(s) applicable to the site.

(3) Drainage and runoff shall be controlled so as not to exceed at any time the drainage or runoff rates associated with the property prior to the proposed development, and appropriate measures shall be taken on or offsite to prevent siltation of vernal pools, aquatic habitats, and other environmentally sensitive areas.

(5) Groundwater and Hydraulics Analysis – Submittal of a groundwater and hydraulics analysis conducted by a licensed professional qualified in hydrology and hydraulics shall be required as a filing requirement for all coastal development permit applications associated with any development.

Dec. 2, 2025
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The groundwater and hydraulics analysis shall determine the depth of the groundwater table at that portion of the site, as well as include quantitative measurements and additional discussion of any hydrological connection between groundwater, drainage (including percolated runoff), existing drainage infrastructure on the site, and underground feeding of the vernal pools. The analysis shall discuss methods to minimize adverse impacts to the vernal pools resulting from ground-disturbing activities or those that would otherwise alter the drainage patterns onsite. The analysis shall discuss whether pollutants or contaminants from the proposed development would potentially reach and negatively affect the vernal pools due to the hydrology of the site. If so, the analysis shall indicate methods to control hydraulics, which may include, but not be limited to, onsite catchment basins, detention basins, siltation traps, and dissipators.

REVISIONS TO TITLE 21 (ZONING) OF THE CARLSBAD MUNICIPAL CODE (IMPLEMENTATION PLAN)

3. Modify IP Section 21.24.020 (RD-M Zone), Note 7 of Table A, as follows:

7. Housing developments that contain a minimum of 20 percent affordability to lower‐income 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 2024-014X-XXX.

4. Restore the City’s deleted language in IP Section 21.24.040 (Front Yard).

REVISIONS TO GREEN VALLEY MASTER PLAN (IMPLEMENTATION PLAN)

5. Revise Figures I-5 (Master Plan Land Use) and VI-11 (Planning Area 2 - Land Use) to include the following note for the Multifamily Residential area that states “Western portion of this area shall not be developed. See Planning Area 2 development standards.”

6. Revise Figure II-1 of the Green Valley Master Plan (General Plan Land Use) to modify the City’s proposed note, as follows: “Boundaries are conceptual. See General Plan and certified Local Coastal Program Land Use Maps for boundaries of each land use designation.”

7. Modify Table I-1 (Land Use Summary) of the Green Valley Master Plan as follows:

Planning
Area
Land Use Estimates
Total Area Retail
Center Residential Open
Space
Public
Street
R.O.W
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1 - - 69.7* 9.5 79.2
2 18.3 NDA 4.0 NDA 2.67 - 24.97
3 - 55.8 NDA - - 55.8
4 - - 122.8** - 122.8
5 1.7 1.7
- 3.4 3.4
TOTAL 18.3 NDA 59.8 NDA 194.2
196.9**

12.9 287.9

* Riparian Woodland and Upland Buffer
** Upland Bluffs
NDA Estimated Net Development Acres

8. Modify “Development Standards” for Planning Area 2 in Section VI.C as follows:

[…] Residential development within the area designated R-23 (Residential 19-23 du/ac) shall be subject to all applicable requirements of the Local Coastal Program and the development standards in the CMC, including Chapter 21.24 (RD-M), except for building setbacks from Calle Barcelona, as specified below.

Development is subject to approval of a site development plan (apartments) or a planned development permit (condominiums).

Development shall be clustered on the eastern portion of the site. Clustering development on the eastern portion of the site shall not prevent meeting the density used in the Housing Element for the site, which is assumed to yield approximately 76 dwelling units. The density yield shall be determined based on a site specific analysis to confirm the net developable acres. The decisionmaker may authorize waivers to development standards, such as setbacks and building height, to achieve the number of units required by the Housing Element.

[…] S
etbacks (residential area)

1. A minimum setback of 35 feet shall be maintained from Calle Barcelona.

This setback is applicable to all structures and all fences or walls greater than 42 inches in height.

2. Refer to Carlsbad Municipal Code Title 21 for all other setback requirements.

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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
F14a
Date: July 31, 2025
To: CO

MMISSIONERS AND INTERESTED PERSONS
From
: KARL SCHWING, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT

ERIN PRAHLER, COASTAL PROGRAM MANAGER, STATEWIDE PLANNING

SHAHAR AMITAY, HOUSING COORDINATOR, STATEWIDE PLANNING

TONI ROSS, COASTAL PLANNER, SAN DIEGO COAST DISTRICT
Subj
ect: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT NO. LCP-6-CAR-24-0013-1 (Carlsbad Housing Element Rezone) for Commission Meeting of August 15, 2025

SYNOPSIS
The su
bject LCP land use plan and implementation plan amendment was submitted and filed as complete on May 3, 2024. A one-year time extension was granted on August 8th, 2024. As such, the last date for Commission action on this item is September 11, 2025.

This report addresses one of two components submitted at the City of Carlsbad’s first LCP Amendment submittal for 2024. The other component, LCP-6-CAR-24-0012-1 (Aura Circle Open Space Rezone) is also scheduled for the Commission’s August agenda, as item F14b.

SUMMARY OF AMENDMENT REQUEST
The City is submitting the subject LCP amendment to facilitate meeting its housing goals, which are set forth in the City’s Housing Element. The City of Carlsbad is requesting to amend the land use and zoning designations for seven sites within the City’s coastal zone to allow high density residential development (Exhibit 1). The anticipated overall capacity of these seven sites would amount to 883 units, which exceeds the 623-unit Regional Housing Needs Assessment (RHNA) obligation in the coastal zone by 260 units. The City is also proposing to add two new land use designations—R-35 (32.5 to 35 dwelling units per net acre) and R-40 (37.5 to 40 dwelling units per net acre). To align with the proposed land use redesignations of the seven sites, the proposed LCP amendment will rezone six1 sites.
1 The La Costa Glen/Forum (Site 19) is currently zoned Planned Community (P-C) and is not proposed to be rezoned.

Exhibit 9
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2 To account for the higher residential densities afforded by the newly proposed R-35 and R- 40 land use designations, the City is also proposing to make changes to several development standards (such as height, parking, yard setbacks, lot area and coverage, private recreational space, and growth control points) that would incorporate the new land use designations. The City’s submitted LCP amendment would also simplify and remove exceptions to certain front and side yard setback requirements. In the R-35 and R-40 land use designations, the City is proposing to prohibit single-family residences; this prohibition will extend to other lots rezoned to meet RHNA requirements as detailed in the Housing Element. For the rezoned sites, the City is proposing to require that 20% of units on non- City owned (including private) properties be made affordable to lower-income households, and for City-owned sites, the threshold is increased to 40% of units. Projects that conform to specific requirements, including containing at least 20% lower income housing (Gov.

Code, § 65583.2(h)), would have guaranteed (“by right”) approval and be subject to the mitigation measures of the Environmental Impact Report that is supplemental to this Housing Element Rezone.

Finally, the City is proposing changes to the Green Valley Master Plan, which is an implementing measure of the East Batiquitos Lagoon/Hunt Properties segment of the LUP (i.e., it is part of the IP), applicable to the La Costa Glen/Forum site (Site 19) under consideration for redesignation herein. These include changes to various figures of the Green Valley Master Plan, as well as text changes to reflect the redesignation of the La Costa Glen/Forum site as R-23 within Planning Area 2 of the Master Plan, add development standards and affordability requirements for this site.

SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the LUP and IP amendment as submitted, then approval of both components with eight suggested modifications in total.

The key Coastal Act issues of concern is the potential for residential development at some of the sites to adversely affect environmentally sensitive habitat area (ESHA), wetlands (including vernal pools), and water quality. With respect to the La Costa Glen/Forum site, the City’s proposed map and text changes generally seek to conform the Green Valley Master Plan with the redesignation of the site from Regional Commercial to R-23, while identifying parameters related to net developable acres for density yield calculations, total residential unit targets for the site, density, height, and other development standards.

Nonetheless, the Commission and City agree that the western, upper mesa portion of the site should not be developed with residential uses, even if this acreage is ultimately utilized for density yield and density bonus calculations. As such, Commission staff recommends Suggested Modifications 1 and 5 through 8 that would ensure that coastal resources present on the site are adequately protected, while enabling the City to meet the density targets of its Housing Element.

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3 Staff recommends Suggested Modification 2, which adds a new Policy 3-9 to the Mello II segment of the LUP, to better protect ESHA, vernal pools, and water quality within the NCTD Poinsettia Coaster Station site (Site 17). This added policy would ensure that any future CDP application for residential development at this site provides sufficient information during the filing process to understand the potential impacts that the project would have on the vernal pools and water quality at this site, and it would also require that the project pursue specific design elements (such as clustered above-ground parking) to protect ESHA and water quality, consistent with the requirements of the Coastal Act.

Relatedly, the City proposes to simplify the existing certified language in Section 21.24.040 (Front Yard) of the Carlsbad Municipal Code, such that the requirement would now be for a front yard of no less than ten feet, except where there are carport or garage openings facing the front yard, where the minimum front yard depth then becomes twenty feet. At the same time, the City struck out language related to approval of landscaping and irrigation system plans by the City planner prior to issuance of a building permit for a proposed residential structure. By restoring all previous certified language in this Municipal Code section, staff believes that Suggested Modification 4 would ensure that sites where the front yard is in proximity to ESHA would seek and receive City approvals for landscaping and irrigation, thus avoiding potential offsite adverse effects on sensitive habitats, riparian areas, and water quality.

The appropriate motions and resolutions begin on Page 7. The suggested modifications begin on Page 9. The findings for denial of the land use plan amendment as submitted begin on Page 22. The findings for approval of the LUP amendment, if modified, begin on

Page 30 ends

begin on Page 39. The findings for approval of the IP amendment, if modified, begin on

Page 40 ends

ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP amendment No. LCP-6-CAR-24-0013-1 may be obtained from Toni Ross, Coastal Planner, at (619) 767-2370 or [email protected].

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4 TABLE OF CONTENTS
I. OVERVIEW ................................................................................................. 5 A. LCP HISTORY ................................................................................................... 5 B. STANDARD OF REVIEW .................................................................................. 6 C. PUBLIC PARTICIPATION ................................................................................. 7 II. MOTIONS AND RESOLUTIONS .............................................................. 7 III. SUGGESTED MODIFICATIONS .............................................................. 9 IV. FINDINGS FOR DENIAL OF CERTIFICATION OF THE CITY OF

CARLSBAD LAND USE PLAN AMENDMENT, AS SUBMITTED, AND
APPROVAL IF MODIFIED ..................................................................... 14 A. AMENDMENT DESCRIPTION ........................................................................ 14 B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT ............. 19 C. CONFORMITY OF THE CITY OF CARLSBAD LAND USE PLAN WITH CHAPTER 3 .............................................................................................................. 20 V. FINDINGS FOR DENIAL OF CERTIFICATION OF THE CITY OF

CARLSBAD IMPLEMENTATION PLAN AMENDMENT, AS
SUBMITTED, AND APPROVAL IF MODIFIED ...................................... 32 A. AMENDMENT DESCRIPTION ........................................................................ 32 B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN .......................... 34 VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ........................................................................................... 43

APPENDIX A – CERTIFIED HABITAT MANAGEMENT PLAN POLICIES AND EXCERPTED COMMISSION FINDINGS ............................................. 44

APPENDIX B – SUBSTANTIVE FILE DOCUMENTS .................................. 53

EXHIBITS
Exhibit 1 – Vicinity Map
Exhibit 2 – Site Appealability Map
Exhibit 3 – Proposed Land Use Map Changes
Exhibit 4 – Proposed Zoning Map Changes
Exhibit 5 – Previous Vegetation Mapping
Exhibit 6 – City Council Resolution No. 2024-015
Exhibit 7 – City Council Ordinances Nos. CS-465 and CS-466 Dec. 2, 2025
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5 I. OVERVIEW
A. LCP HISTORY
The City of Carlsbad’s certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village-Barrio. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. The Village LCP segment was expanded and renamed the Village-Barrio in 2019. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified.

This proposal would amend the City’s East Batiquitos Lagoon/Hunt Properties and Mello II segments of the land use plan, land use maps and zoning maps, and the implementation plan, which consists of Title 21 (Zoning) of the Carlsbad Municipal Code and the Green Valley Master Plan. The City also originally proposed to amend a specific plan for the North County Plaza site; however, the North County Plaza Specific Plan is not certified by the Commission, and thus, at this time, the City is no longer proposing to incorporate it as an implementing measure of the Mello II segment of the land use plan.

BACKGROUND
The City is submitting the subject LCP amendment to facilitate meeting its housing goals, which are set forth in the City’s Housing Element. State Housing Element Law requires cities and counties to adopt and regularly update (every eight years) their Housing Element, a mandatory element of the City’s General Plan. In 2021, the Carlsbad City Council approved, and the State certified, a Housing Element Update for the 2021-2029 planning period, consistent with Housing Element Law. As part of the Housing Element Update, the City inventoried housing sites that could accommodate its share of forecasted residential growth in the region. The State, through the San Diego Association of Governments, set Carlsbad’s Regional Housing Needs Assessment (RHNA) allocation at 3,873 total housing units (including 1,311 units made affordable for Very Low Income households, 784 units for Low Income households, 749 units for Moderate Income households, and 1,029 market-rate units).
2 After evaluating how many housing units could

2 To provide adequate housing for the full spectrum of income levels, the allocated number of housing units each jurisdiction must provide for is distributed by varying income categories. The State uses the income categories established by the U.S. Department of Housing and Urban Development (HUD), which groups income ranges for different household types into five income categories: extremely low, very low, low, moderate, and above-moderate household income. HUD bases the household income for each of these categories on a percentage of a particular region’s area median income (AMI).

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6 already be accommodated via existing zoning, the City determined that it would still need to rezone to allow for approximately 2,600 additional affordable housing units.3 Under the City’s Housing Element Program 1.1, the City needed to act on and adopt the rezoning by April 2024 to ensure that the City is on track to adequately address its housing unit shortfall. After substantial input from the public and the City’s Planning and Housing Commissions, the City Council approved on January 30, 2024 the rezoning of 16 sites citywide, seven of which are within the coastal zone. It also approved a minimum affordability requirement of 20% of units on non-City owned sites and 40% of units on City- owned sites identified for this rezoning effort, to help address the City’s needs for affordable housing.

The Commission notes that while the General Plan (and thus Housing Element) is not a part of the Carlsbad LCP, the certified LCP incorporates certain portions of the General Plan, such as land use maps and land use designations, as well as certain requirements for their implementation (via the certified zoning). Thus, revisions to the text and maps of the Local Coastal Program, including land use and zoning map changes, amendments to the Land Use Plan, and modifications to the Municipal Code and master plans, are necessary to provide consistency between the General Plan’s Housing Element, Land Use Plan, master plans, and the Municipal Code. The Housing Element Rezone is designed to address a variety of objectives, including increased housing stock by accommodating a variety of housing types to meet the needs of all Carlsbad residents, providing adequate sites with corresponding density to meet the City’s RHNA allocation, adopting State mandated and locally desired programs to implement the City’s efforts effectively, maintaining community character through project design requirements, adequately addressing and minimizing potential adverse environmental impacts, and distributing housing across various geographic areas of the City, including both within and outside the coastal zone.

B. STANDARD OF REVIEW
The standard of review for land use plans, or their amendments, is found in Section 30512 of the Coastal Act. This section requires the Commission to certify an LUP or LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act.

Specifically, it states:

Section 30512
(c) The Commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in

3 Note that the California Department of Housing and Community Development (HCD) recommends cities add a 15-30% buffer to the remaining RHNA target to ensure adequate sites will exist throughout the eight - year project period or “Housing Cycle.” In this case, the remaining RHNA target, after considering existing zoning already able to accommodate additional housing, is 1,724 affordable units. The City is proposing a 30% buffer, which results in the need for 2,578 new affordable units accomplished via rezoning.

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7 paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the Commission.

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

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

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

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

1. MOTION:

I move that the Commission certify the Land Use Plan Amendment for the City of Carlsbad as submitted.

STAFF RECOMMENDATION OF DENIAL OF CERTIFICATION:

Staff recommends a NO vote on the motion. Failure of this motion will result in denial of the land use plan amendment as submitted and adoption of the following resolution and findings. The motion to certify as submitted passes only upon an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO DENY CERTIFICATION OF LAND USE PLAN AMENDMENT AS SUBMITTED:

The Commission hereby denies certification of the Land Use Plan Amendment for the City of Carlsbad as submitted and finds for the reasons discussed below that the submitted Land Use Plan Amendment fails to meet the requirements of and does not conform to the policies of Chapter 3 of the California Coastal Act.

Certification of the plan would not comply with the California Environmental Quality Act because there are feasible alternatives or mitigation measures that would substantially lessen any significant adverse impact which the Land Use Plan Amendment may have on the environment.

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8 2. MOTION:

I move that the Commission certify the Land Use Plan Amendment for the City of Carlsbad as submitted if modified pursuant to the staff recommendation.

STAFF RECOMMENDATION: CERTIFICATION IF MODIFIED AS SUGGESTED:

Staff recommends a YES vote on the motion. Passage of the motion will result in certification with suggested modifications of the submitted land use plan amendment and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO CERTIFY THE SUBMITTED LAND USE PLAN AMENDMENT IF MODIFIED AS SUGGESTED:

The Commission hereby certifies the Land Use Plan Amendment submitted for the City of Carlsbad and adopts the findings set forth below on grounds that the Land Use Plan Amendment as submitted with suggested modifications will meet the requirements of and be in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the land use plan 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 plan on the environment, or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts which the Land Use Plan Amendment may have on the environment.

3. MOTION:

I move that the Commission reject the Implementation Program Amendment for the City of Carlsbad certified LCP as submitted.

STAFF RECOMMENDATION OF CERTIFICATION AS SUBMITTED:

Staff recommends a YES vote. Passage of this motion will result in rejection of the 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 REJECT THE IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED:

The Commission hereby denies certification of the Implementation Program Amendment submitted for City of Carlsbad and adopts the findings set forth below on grounds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use 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 Dec. 2, 2025
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9 on the environment that will result from certification of the Implementation Program as submitted.

4. MOTION:

I move that the Commission certify the Implementation Program Amendment for the City of Carlsbad as submitted if modified pursuant to the staff recommendation.

STAFF RECOMMENDATION: CERTIFICATION IF MODIFIED AS SUGGESTED:

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.

III. SUGGESTED MODIFICATIONS
Staff recommends the following suggested revisions to the proposed Local Coastal Program amendment 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.

REVISIONS TO LAND USE PLAN

1. Modify Section B.1.(3)(b) of the East Batiquitos Lagoon/Hunt Properties Segment of the LUP as follows:

(b) Upland (approximately 240 acres) is designated for a combination of Residential (R-15 – 11.5-15 du/ac and R-23 – 19-23 du/ac), Regional Commercial (R), and Open Space uses. The maximum height of new development shall be limited to 35 feet consistent with the Carlsbad Municipal Code, unless otherwise indicated in the certified Green Valley Master Plan. Additionally, the intensity of Dec. 2, 2025
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10 development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real. Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors.

Development of the entire 280 acres of Green Valley shall be pursuant to a the certified Master Plan, as amended, which is consistent with the uses allowed by the Carlsbad General Plan.

2. Add Mello II LUP Policy 3-9 for the Poinsettia Coaster Station:

POLICY 3-9 POINSETTIA COASTER STATION

(2) Residential development shall not take place on APN 214-150-11-00.

(3) Shading Analysis – A sun/shade analysis shall be required as a filing requirement for all coastal development permit applications associated with any residential or mixed-use development proposed on APNs 214-150-20-00 and 214-150-08-00, subject to approval by the City of Carlsbad Planning Department, California Department of Fish and Wildlife, and other relevant resource agencies. The shading analysis shall incorporate a graphic representation of how the proposed structure(s) will potentially shade the sensitive habitat and vernal pools on the site during at least five times of the day (6 AM, 9AM, 12PM, 3PM, and 6PM) of the winter and summer solstices and the spring and fall equinoxes. The shading analysis shall address possible negative impacts to the sensitive habitat and vernal pools by new shading from the proposed structure(s), and shall discuss methods to minimize such adverse impacts, such as but not limited to, lowering the height(s) of the structure(s), increasing setbacks from the vernal pool channel, utilizing bird-safe glass for greater sunlight infiltration, and architectural articulation or modulation changes.

(b) Parking

(1) Parking lots shall incorporate innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole or podium construction) to minimize paved surface area.

(2) No underground parking shall be allowed, and podium-level or multi-story parking structures requiring foundations shall utilize the minimum necessary foundations for support.

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11 (c) Water Quality

(1) New development shall avoid adverse impacts on vernal pools.

(2) The property owner shall not interfere with or conduct work contrary to the existing conservation easement or vernal pool preserve management plan(s) applicable to the site.

REVISIONS TO TITLE 21 (ZONING) OF THE CARLSBAD MUNICIPAL CODE (IMPLEMENTATION PLAN)

3. Modify IP Section 21.24.020 (RD-M Zone), Note 7 of Table A, as follows:

7. Housing developments that contain a minimum of 20 percent affordability to lower‐income 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 Dec. 2, 2025
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12 Environmental Impact Report EIR 2022-0007, certified by City Council Resolution 2024-014X-XXX.

4. Restore the City’s deleted language in IP Section 21.24.040 (Front Yard).

REVISIONS TO GREEN VALLEY MASTER PLAN (IMPLEMENTATION PLAN)

7. Modify Table I-1 (Land Use Summary) of the Green Valley Master Plan as follows:

Planning
Area
Land Use Estimates
Total Area Retail
Center Residential Open
Space
Public
Street
R.O.W
1 - - 69.7* 9.5 79.2
2 18.3 NDA 4.0 NDA 2.67 - 24.97
3 - 55.8 NDA - - 55.8
4 - - 122.8** - 122.8
5 1.7 1.7
- 3.4 3.4
TOTAL 18.3 NDA 59.8 NDA 194.2
196.9**

12.9 287.9

* Riparian Woodland and Upland Buffer
** Upland Bluffs
NDA Estimated Net Development Acres

8. Modify “Development Standards” for Planning Area 2 in Section VI.C as follows:

The eastern and western portions of the area designated R-23 are divided by a Dec. 2, 2025
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13 steep slope. The western portion of the site at the top of the slope shall not be developed and shall be available for habitat restoration/mitigation purposes.

[…] Setbacks (residential area)

1. A minimum setback of 35 feet shall be maintained from Calle Barcelona. This setback is applicable to all structures and all fences or walls greater than 42 inches in height.

2. Refer to Carlsbad Municipal Code Title 21 for all other setback requirements.

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14 IV. FINDINGS FOR DENIAL OF CERTIFICATION OF THE CITY OF

CARLSBAD LAND USE PLAN AMENDMENT, AS SUBMITTED,

AND APPROVAL IF MODIFIED
A. AMENDMENT DESCRIPTION
The City of Carlsbad has worked closely with the Department of Housing and Community Development (HCD) in order to develop an inventory of suitable sites as part of its Housing Element Rezone (Exhibit 1). In general, each of the seven sites within the coastal zone that are proposed to be rezoned could accommodate 50 units or more, although some of the sites currently consist of several individual parcels that are in common ownership and there are some individual parcels that are too small to accommodate large multifamily housing developments. The rezoning will apply a residential density that ranges from a minimum of 19 dwelling units per net acre to a maximum of 40 dwelling units per net acre, and this will ensure that lots are able to be consolidated as needed.

The R-35 (32.5 to 35 dwelling units per net acre) and R-40 (37.5 to 40 dwelling units per net acre) are General Plan land use designations that are not currently part of the certified LCP. This LCP amendment will add these two new land use designations and implement them both via existing RD-M (Residential Density – Multiple) zoning. The higher residential densities afforded by these land use designations are proposed to be reflected in the certified land use map. In addition to redesignating these sites on the certified LCP land use map, the City also proposes a text change to Section B.1.(3)(b) of the East Batiquitos Lagoon/Hunt Properties segment of the LUP to reflect the proposed redesignation of the La Costa Glen/Forum site (Site 19). Therefore, for the seven sites within the coastal zone that are being redesignated through this LCP amendment, development must meet the minimum densities of the new land use designations. They are as follows:

Site APNs Existing
Land Use
Designation
Proposed
Land Use
Designation
Site
Size
(Ac.)
Anticipated
Residential
Yield (Units)
North County
Plaza (Site 1)
156-301-16-00 R/OS* R/R-40/OS 19.5 240
Avenida
Encinas Car
Storage Lot
(Site 5)
210-090-24-00 PI R-30 2.2 53
Crossings Golf
Course Lot 5
(Site 6)
212-270-05-00 PI/O R-30 11.4

181
Caltrans
Maintenance
Station &
211-050-08-00,
221-050-09-00
P, GC R-30 6.9 183
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15 Pacific Sales
(Site 16)
NCTD
Poinsettia
Coaster Station
(Site 17)
214-150-08-00,
214-150-20-00
P R-23/P 5.8 100
North Ponto
Parcels (Site
18)
216-010-01-00,
216-010-02-00,
216-010-03-00,
216-010-04-00,
216-010-05-00
GC R-23 1.2 50
La Costa
Glen/Forum
(Site 19)
255-012-05-00 R/OS* R-23/OS 7.8 76
Total: 883 new
dwelling units
Legend:

GC = General Commercial R- 23 = Residential – 23 (19-23 du/ac) O = Office R- 30 = Residential – 30 (26.5-30 du/ac)
OS = Open Space R- 35 = Residential – 35 (32.5-35 du/ac) P = Public R- 40 = Residential – 40 (37.5-40 du/ac)
PI = Planned Industrial
R = Regional Commercial * Portions of some sites are currently designated Open Space, as shown by the “split” designation. The City states that the proposed redesignation for these sites does not affect the existing OS designation.

Where environmentally sensitive habitat areas, wetlands, areas of steep slopes, or other site constraints may occur, the City conservatively calculated the capacity of such sites and assigned a land use designation of R-23 (with a residential density of 19-23 dwelling units per net acre). Even with the reduced land use designations for some of the constrained sites, the anticipated overall capacity of the seven sites within the coastal zone that are available for redesignation as part of the Housing Element Rezone would amount to 883 units, which would exceed the 623-unit RHNA obligation in the coastal zone by 260 units. The City therefore believes that the calculated targets and yields actually undercount the coastal sites’ potential (realistic) capacity and so will be adequate for the remainder of the planning period.

Of the seven coastal zone sites, two are either within or contain areas appealable to the Coastal Commission (as described in Coastal Act Section 30603). The appealable areas are shown in Exhibit 2, and include the North County Plaza (Site 1) and NCTD Poinsettia Coaster Station (Site 17). A description of each of the seven sites is found below.

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16 North County Plaza (Site 1) – This site is a 19.52-acre property located east of Jefferson Street, north of Marron Road, and south of Highway 78 developed with a shopping center.

The site is also located directly west of The Shoppes at Carlsbad (formerly the Plaza Camino Real Shopping Center). Buena Vista Creek, the primary tributary to Buena Vista Lagoon, flows within the northern part of the site with native riparian vegetation in and surrounding the creek. A fence delineates the limits of the top of the slope (bank) of the Creek, and a discontinuous strip of non-native eucalyptus/gum trees offers a narrow buffer between the existing development’s parking lot and the Creek. A biological assessment of Buena Vista Creek was recently conducted as part of maintenance (vegetation removal) proposals that ensure the surrounding areas are protected from flooding(Exhibit 5).

The current land use classification of the site is Regional Commercial and Open Space (R/OS). To facilitate the submitted application and the City’s RHNA targets under its Housing Element, the site is proposed to be redesignated as Regional Commercial, Residential – 40, and Open Space (R/R-40/OS). The City notes that the potential capacity of the site could be as high as 300 units, if the site is to be approximately half-residential and half-commercial (not including the undevelopable acreage of Buena Vista Creek that is already designated open space). The project site is within the Mello II segment of the LUP, and it encompasses areas that are both appealable and not appealable to the Coastal Commission, as well as retained Commission jurisdiction; the applicant, City, and Commission could agree to process any pending or future applications as a consolidated coastal development permit (CDP). The City originally proposed to incorporate into the LCP the North County Plaza Specific Plan with modifications to address the site’s redesignation, but upon learning that this Specific Plan is not certified by the Commission, the City no longer proposes this component of the LCP amendment.

Avenida Encinas Car Storage Lot (Site 5) – This site is a 2.2-acre parcel located to the west of I-5 along Avenida Encinas, just south of Cannon Road, and east of the Los Angeles-San Diego (LOSSAN) rail corridor. The parcel is currently used as an underutilized private car storage lot that sits along a stretch of existing commercial uses.

The site is entirely paved and graded, and there are no environmentally sensitive habitat areas, wetlands, or steep slopes. The site is located within the Mello II segment of the LUP, in an area where the City’s actions on CDPs are not appealable to the Coastal Commission. The City proposes to change the property’s land use designation from Planned Industrial (PI) to Residential – 30 (R-30). This high-density residential designation would facilitate apartments and/or condominiums up to three stories, with a minimum density of 47 residences. The City’s staff report for this LCP amendment notes that the currently proposed residential opportunity for this site is 53 units.

Crossings Golf Course Lot 5 (Site 6) – This site is a vacant 11.4-acre parcel located within the Crossings Municipal Golf Course. The Golf Course has been in operation since 2006.

The Commission first reviewed and approved the Golf Course in 2003 (CDP A-6-CII-00- 087). As part of this underlying CDP, the subject lot was graded and developed with manufactured slopes and a retaining wall to its immediate north. Given the previous development and intended uses for this site, the developable (flat) portion of the site, comprising 6.8 acres, is not currently known to support environmentally sensitive habitat, although the sloped part beyond the retaining wall contains coastal sage scrub (Exhibit 5).

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17 Lot 5 is only partially located within the coastal zone, within the Mello II segment of the LUP, and is not located within the Commission’s appeals jurisdiction. To the south of the site is College Boulevard and Palomar Point Way, and to the east of the site is a canyon as well as an office park. If the proposed redesignation from Planned Industrial/Office (PI/O) to R-30 were applied to the property, then at the minimum density of the new land use designation of 26.5 dwelling units per net acre over 6.8 developable acres, approximately 180 units could be developed on the graded, flat, and developable portion of the site. Given that the City owns the site, at least 40% of the development would be set aside as affordable, although the City may choose to require a higher affordability threshold.

Caltrans Maintenance Station & Pacific Sales (Site 16) – The site consists of two, separately owned parcels south of Palomar Airport Road and east of Paseo Del Norte. The larger, 4.2-acre parcel is owned by the State of California and developed with a Caltrans maintenance station. As a Caltrans maintenance station, above and below ground contaminants, such as from oil, fuel, lubricants, or other materials, may be present, and these contaminants may require clean-up prior to site redevelopment. The other parcel, adjacent and to the south and about 2.7 acres, is developed with a Pacific Sales kitchen and home store. The eastern one-third of this privately-owned lot is undeveloped. Both parcels are in a commercial area with close access to goods and services and a bus route.

Site topography is generally flat. The parcels could be developed separately or possibly as a single project, and the City chose to analyze the latter alternative. The City’s submitted LCP amendment would change the parcels’ land use designations from Public (P) and General Commercial (GC) to R-30. This density, which is typical of two- and three-story apartment and condominium developments, could potentially support up to approximately 182 housing units. This site is within the Mello II segment of the LUP and is not in the Commission’s appeals jurisdiction.

NCTD Poinsettia Coaster Station (Site 17) – This site is comprised of two parcels totaling

5.8 acres located directly east of the LOSSAN rail corridor and south of Avenida Encinas.

The site is also immediately west of a mixed-use development containing commercial uses on the first floor and residential uses above. While the area was historically agricultural, in 1994, the Commission approved a request by the North County Transit District (NCTD) to construct an infill commuter rail and bus station and associated platform, restroom facility, and parking lot (CDP 6-93-207). However, since the project area contained wetland and other aquatic habitat, including vernal pools, two “seasonal ponds,” and several track ditch drainage channels, the Commission’s permit required the applicant to execute an irrevocable offer to dedicate (OTD) to a public agency or private association an easement for habitat restoration, maintenance, open space, and protection over an area designed to capture all of the sensitive habitat (i.e., vernal pools and disturbed wetland) within the project area (also see CDP 6-93-106). The conservation easement was accepted by CDFW in 1994, and the City accepted the OTD in 2015.

In 2016, under its federal consistency authority, the Coastal Commission authorized development including the extension of the platforms authorized under CDP No. 6-93-207 from 540 ft. to 1000 ft., widening of the platforms by approximately 25 ft., demolition and reconstruction of one of the platforms, slight relocation of the railroad tracks to make room Dec. 2, 2025
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18 for double-tracking on the site, a pedestrian undercrossing, and a fence between the north and southbound rail lines (CC-0005-15). A biological assessment of the vernal pool channel was conducted as part of that effort (Exhibit 5). In 2021, the Commission approved an amendment to the underlying CDP to correct and expand the boundaries of the previously recorded easement due to a discovery that the easement boundary as depicted in the original 1994 report did not encompass all of the sensitive habitat within the project area (CDP 6-93-207-A2). As such, the vast majority of the OTD area containing the vernal pools and other sensitive habitat was accepted as its own separate parcel (APN 214-150-11-00), although portions remain within the limits of Site 17. The vernal pool channel generally delineates the appealable portion of the site (Exhibit 2), and the entirety of the site is within the Mello II segment of the LUP.

The City’s submitted LCP amendment would facilitate the development of the existing public surface parking lot into residential uses, by changing the land use designation from Public (P) to a split R-23/P designation. In the City’s Housing Element assessment, the City originally forecasted a site capacity of 27 units, but that was later revised to 100 units.

However, it appears that the site could potentially accommodate many more housing units than the target capacity. In 2024, NCTD shared conceptual plans for a 216-unit transit- oriented development, 15% of which would be made affordable to Very Low Income households, along with 584 parking spaces (including 363 spaces for NCTD rail passengers and 221 spaces for residential uses). The conceptual plans showed a four- story residential structure over a lower-level parking podium, as well as an adjacent six- story NCTD parking garage (including five stories above ground and one subterranean level). These plans did not show changes to the existing two-lane road/drive aisle closest to the station (and vernal pools), but a bus/rideshare loop was added, and both structures were set back an additional 14 feet from the 26-foot-wide road, for a total 50-foot setback from the vernal pool channel. These conceptual plans are not under specific consideration of this LCP amendment, but they illustrate the potential developments that NCTD or other future developers may wish to pursue once the site is redesignated.

North Ponto Parcels (Site 18) – This site is comprised of five contiguous vacant parcels totaling 1.23 acres and is located at the intersection of Ponto Road and Ponto Drive. To the west is Carlsbad Boulevard (including right-of-way, which is delineated by a fence), and to the south and east are mainly vacant parcels, although some are currently being developed. The site is located within the Mello II segment of the LUP, and it is not within the Commission’s appeals jurisdiction. The site is not known to contain environmentally sensitive habitat, and has previously been identified as ‘disturbed’ (Exhibit 5). In 2016, the Commission approved LCP map revisions (LCP-6-CAR-15-0034-2) that changed the land use designation of this site from Residential Medium-High Density (RMH), equivalent to R- 15 under the current land use designation scheme, to General Commercial (GC). The GC land use designation and associated C-2 zone would allow some mixed-use residential development. Under the City’s currently submitted LCP amendment, the parcels’ land use designations would revert back to residential (at a higher density R-23) from GC. The City assesses a site capacity of 50 units across the five parcels, and at this time, it is unclear whether a future project would consolidate the lots and build across them, or maintain the lots in their current configuration, or some combination thereof.

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19 La Costa Glen/Forum (Site 19) – The site is a 7.82-acre parcel located at the northwest corner of Calle Barcelona and Woodfern Lane, within the southwest quadrant of the City of Carlsbad, an area known as Green Valley. It is near the inland boundary of the coastal zone and is located within an area where the City’s actions on CDPs are not appealable to the Coastal Commission. It is surrounded by sensitive upland habitat, neighboring residential structures, and commercial uses. The site is also considered Very High Fire Severity Zone by the City of Carlsbad and includes steep, vegetated slopes. The site was improved with several manufactured slopes, drainage infrastructure, two graded pads (a western/upper portion and eastern/lower portion that abuts and provides access from Calle Barcelona) divided by a narrow, steep dirt access road and utilities pursuant to CDP 6-96-

18. There is currently a paved parking lot on the eastern/lower portion of the site, however the City does not have any records of CDPs issued for the construction of the parking lot, or for recurring grading activities that appear to have occurred on both the lower and upper graded pads.

The La Costa Glen/Forum site is part of Planning Area 2 in the Green Valley Master Plan, certified by the Commission as an implementing measure of the East Batiquitos Lagoon/Hunt Properties LCP segment. The Master Plan describes Planning Area 2 as approximately 18 acres comprised of up to 300,000 square feet of commercial development. However, 2.67 acres in Planning Area 2 that were redesignated as Open Space by the Commission in LCP amendment 1-07C (La Costa Glen Corporate Center) are not currently reflected in the Master Plan. These portions include a panhandle parallel to Calle Barcelona in the southern extent of the site, as well as a thin strip of vegetation along the northeastern boundary of the site, adjacent to rugged vegetated slopes and the adjacent La Costa Glen Skilled Nursing Facility.

This LCP amendment includes the proposed redesignation of the site from Regional Commercial (R) to R-23, which is reflected in proposed changes to language in the East Batiquitos Lagoon/Hunt Properties segment of the LUP. There will also be accompanying changes to the Green Valley Master Plan, which will be discussed later in this staff report.

The City’s assessment is that this site could have a capacity of 76 units across the two flat areas of the site and outside of lands already designated as open space (which comprise approximately four acres in total).

B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT

The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that portions of the Land Use Plan as set forth in the preceding resolutions, are not in conformance with the policies and requirements of Chapter 3 of the Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act which states:

The legislature further finds and declares that the basic goals of the state for the Coastal Zone are to:

a) Protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources.

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20 b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.

c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners.

(d) Assure priority for coastal-dependent and coastal-related development over other development on the coast.

(e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.

The Commission therefore finds, for the specific reasons detailed below, that the land use plan does not conform with Chapter 3 of the Coastal Act or the goals of the state for the coastal zone with regard to environmentally sensitive habitat area, wetlands, water quality, new development, scenic and visual resources, and public access and recreation.

C. CONFORMITY OF CITY OF CARLSBAD LAND USE PLAN WITH CHAPTER 3

Relevant Coastal Act policies include the following:

Section 30210 of the Coastal Act states:

In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.

Section 30212 of the Coastal Act states, in part:
(a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or, (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. […]
Section 30212.5 of the Coastal Act states:

Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area.

Section 30222 of the Coastal Act states:

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21 The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry.

Section 30231 of the Coastal Act states:

The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.

Section 30240 of the Coastal Act states:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.

Section 30250 states, in relevant part:
(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources[…]
Section 30251 of the Coastal Act states, in relevant part:

The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.[…]
Section 30252 of the Coastal Act states:

The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) Dec. 2, 2025
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22 providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing nonautomobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, (5) assuring the potential for public transit for high intensity uses such as high-rise office buildings, and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development.

Section 30253 of the Coastal Act states, in relevant part:

New development shall do all of the following:
(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard.
[…]
(d) Minimize energy consumption and vehicle miles traveled.

Section 30604 of the Coastal Act states, in relevant part:
(f) The commission shall encourage housing opportunities for persons of low and moderate income. In reviewing residential development applications for low - and moderate-income housing, as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code , the issuing agency or the commission, on appeal, may not require measures that reduce residential densities below the density sought by an applicant if the density sought is within the permitted density or range of density established by local zoning plus the additional density permitted under Section 65915 of the Government Code, unless the issuing agency or the commission on appeal makes a finding, based on substantial evidence in the record, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with Chapter 3 (commencing with Section 30200) or the certified local coastal program
(g) The Legislature finds and declares that it is important for the commission to encourage the protection of existing and the provision of new affordable housing opportunities for persons of low and moderate income in the coastal zone.

1. FINDINGS FOR DENIAL AS SUBMITTED

The amendment before the Commission includes changes to the land use designations for seven sites and minor text changes to the LUP. As previously described, these sites are in disparate locations within the City’s coastal zone, and therefore, they encompass a wide range of environmental conditions. Some of the sites under consideration contain steep slopes, environmentally sensitive habitat, and/or proximity to wetlands or riparian habitats.

In some cases, there are also concerns that redesignation of some sites’ land uses would have adverse impacts on visual resources, community character, and public access and Dec. 2, 2025
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23 recreation. While the City’s submitted LCP amendment has some changes that address these concerns, additional modifications would be needed to adequately address Coastal Act requirements related to the protection of environmentally sensitive habitat areas, wetlands, and water quality; minimization of adverse impacts to visual resource and risks from geologic and fire hazards; and maximization of opportunities for public access and recreation. This will help ensure that new development occurs in a way that is least impactful to coastal resources.

Open Space, Environmentally Sensitive Habitat Areas, Wetlands, and Water Quality Of the seven sites that the City considered for this LCP amendment, four of these sites are not known to contain environmentally sensitive habitat areas (ESHA), wetlands, or riparian areas. They include the Avenida Encinas Car Storage Lot (Site 5), the Crossings Golf Course Lot 5 (Site 6), the Caltrans Maintenance Station & Pacific Sales (Site 16), and the North Ponto Parcels (Site 18). Additionally, Sites 5 and 16 are already developed with industrial or commercial uses, and they are located within urbanized areas. For any future development that would occur on Sites 6 and 18, which may be adjacent to or in proximity to ESHA, there are existing HMP policies that require buffers from sensitive habitat. As such, the redesignation of these sites from non-residential to residential land uses will not negatively affect known ESHA, wetlands, or riparian areas. At all four of these sites, the LCP has existing certified policy language requiring future developers to implement best management practices (BMPs), drainage and runoff control, and other measures to ensure that residential development would not have an adverse impact on water quality, including offsite.

For the other three sites, which include North County Plaza (Site 1), the NCTD Poinsettia Coaster Station (Site 17), and La Costa Glen/Forum (Site 19), the redesignation of land uses to allow for additional residential density has potential to result in significant adverse impacts to sensitive riparian habitats, wetlands (including vernal pools), and upland habitat areas.

As described previously, the most recent biological assessments for North County Plaza (Site 1) and the Coaster Station (Site 17) that Commission staff is aware of were conducted by LSA in January 2024 and by Merkel & Associates, Inc. in March 2016, respectively (Exhibit 5). LSA’s analysis has indicated that there are sensitive species such as Ridgway’s rail, least Bell’s vireo, and coastal California gnatcatcher that use Buena Vista Creek’s banks, where southern coastal saltmarsh, Diegan coastal sage scrub, freshwater marsh, mulefat scrub, and southern willow scrub communities can be found.

The analysis by Merkel & Associates, Inc. stated that vernal pools, meadow habitat, saltbush scrub, Baccharis scrub, buckwheat scrub, and coastal sage scrub were observed occurring within the channel area between the Station’s parking lot and the train platform.

In the case of La Costa Glen/Forum (Site 19), the Commission is not aware of recent formally conducted biological surveys Commission staff visited these sites on June 23, 2025 to confirm the presence of ESHA and to conduct preliminary reconnaissance observations. The Commission’s ecologist, Dr. Corey Clatterbuck, noted the following:

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24 • For North County Plaza (Site 1), Buena Vista Creek was observed to contain extensive native vegetation, dominated by mulefat (Baccharis salicifolia), California bulrush (Schoenoplectus californicus), and cattails (Typha spp). This vegetation occurred both within the Creek bed as well as on its banks. Dr. Clatterbuck determined that such vegetation could currently support sensitive (avian) species, although none were observed during the field visit. Immediately upland of the Creek, the area was observed to be lined with invasive eucalyptus and pavement, separated from the Creek by a chain-link fence.

• For the NCTD Poinsettia Coaster Station (Site 17), Dr. Clatterbuck found continuing evidence of vernal pools, although their extent does not necessarily reflect that which was previously observed in the 2016 biological assessment. San Diego button celery, an indicator species of vernal pools, was prolific in some areas. Dr.

Clatterbuck also noted laurel sumac (Malosma laurina) and coyote brush (Baccharis pilularis) lining the pool areas with lemonade berry (Rhus integrifolia) and the less commonly observed California buckwheat (Eriogonum fasciculatum), as well as vegetation that had been cut to ground level in years prior that had not resprouted.

This is assumed to have been done as a measure to reduce the encroachment of upland habitat into the pools. Stone gravel fill has been placed at the edge of the vegetation areas within the channel, likely leading to areas of sewer maintenance.

• For the La Costa Glen/Forum Site (Site 19), Dr. Clatterbuck noted very productive coastal sage scrub surrounding this site, including but not limited to, California buckwheat, coyote brush, bush sunflower (Encelia californica), lemonade berry, jimsonweed (Datura wrightii), coastal goldenbush (Isocoma menziesii), coastal prickly-pear (Opuntia spp.), black sage (Salvia mellifera), laurel sumac, California sagebrush (Artemisia californica), redberry (Rhamnus crocea), sticky monkeyflower (Diplacus puniceus), and Nuttall’s scrub oak (Quercus dumosa). The slope abutting the dirt access road that connects the lower and upper flat areas of the site also has indicators of coastal sage scrub, including laurel sumac, coastal prickly-pear, California buckwheat, and coastal goldenbush, but was significantly less dense than the surrounding ESHA slopes. The upper mesa-like portion of the site contains non- natives dominated by mustard (Brassica nigra) but also includes tree tobacco (Nicotiana glauca) andnon-native grasses and herbs, indicating that this portion of the site was previously graded/cleared at various points in the past. Finally, the panhandle portion of the site that is adjacent to the road is steep and also clearly contained ESHA – the slopes are dominated by California sagebrush and black sage with coastal goldenbush, coastal prickly-pear, California buckwheat, lemonade berry, and scrub oaks at the top. Interestingly, Hooker’s evening-primrose (Oenothera elata) was also observed next to the sidewalk along Calle Barcelona.

Given that portions of these sites contain sensitive habitat that could be impacted by future development, and in the case of North County Plaza and La Costa Glen/Forum, are not adequately preserved, it is important that any redesignations to residential uses account for adequate protection of existing habitat through conservation, biological buffers, limits to lighting, etc. Relatedly, the protection of water quality and marine resources must be considered.

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25 The City’s certified HMP includes policy language that requires development to generally minimize direct impacts to existing wetland and wildlife habitat, provide buffer areas, and ensure that indirect impacts to ESHA resulting from development (such as lighting, fuel modification, and stormwater runoff) are adequately addressed (see Appendix A). The LUP also contains policy language that mimics or complements the requirements of the HMP.

In the case of North County Plaza, a biological buffer of 100 feet is required for development adjacent to habitat occupied by least Bell’s vireo, measured from the outer edge of riparian vegetation, pursuant to HMP Measure 6(A)(3)(f). Any future development would therefore be conditioned to incorporate the 100-foot biological buffer, as well as additional requirements such as planting drought-tolerant, non-invasive and native plants within the established buffer, a deed restriction prohibiting development within the buffer, and fencing to separate the buffer from the proposed development. Future coastal development permits may also specify lighting requirements, nesting bird surveys, noise restrictions, and other measures to protect the riparian habitat and buffer areas. In terms of water quality, future approval would include use wastewater reclamation and low-water technology, the latest and greatest green building standards, construction and post- construction BMPs, low-impact development (LID) standards, and use of permeable surfaces to infiltrate and treat stormwater runoff. Given that portions of this site that are in the coastal zone are either appealable or within the Commission’s retained jurisdiction, the Commission will have direct permit authority over at least a portion of any future development proposal, at which point it could require applicable conditions of approval.

Thus, the City’s proposed redesignation for this site from Regional Commercial (R) to a combined R/R-40, as well as preservation of the existing Open Space designation over Buena Vista Creek, would not have negative implications for ESHA, riparian habitat, or water quality at this site.

In the case of the Poinsettia Coaster Station, HMP Measure 7-11(a) requires a minimum biological buffer of 100 feet for development from wetlands (including vernal pools), and it further specifies that for wetland areas possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat (i.e., delineated vernal pool edge), unless there is at least 50 feet between the wetland area and the top of the slope. Based on the 2016 biological assessment and Dr. Clatterbuck’s most recent observations, the 100-foot buffer from the vernal pool channel edge will be applicable to most, if not all, of the site. While not under current consideration of this proposed LCP amendment, the most recent conceptual plans that NCTD shared with Commission staff show a 50-foot biological buffer from the edge of the vernal pool channel, and the majority of the buffer is comprised of the existing paved access road (e.g., already contains development).

Even though the City and NCTD have since indicated that future plans would be revised to adequately address the HMP buffer requirements, the conceptual plans raised additional concerns that the City’s proposed redesignation for this site (to allow for any residential development) would not sufficiently protect the vernal pools onsite. For instance, in connection with the initially proposed project in 2024, the U.S. Fish and Wildlife Service (USFWS) had concerns with 1) the proposed height of buildings shading the vernal pool Dec. 2, 2025
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26 habitat, and 2) disrupting groundwater patterns by having one or more levels of parking underground. Commission staff share the concerns that USFWS raised. Given that those plans did not have the adequate biological buffers required by the HMP, future residential development at this site will need to build taller in order to comply with the HMP requirements while also fulfilling the City’s anticipated residential density yield of at least 100 units at this site. As for subterranean parking, the Commission understands that there is potential for this and other underground development to interfere with the groundwater table at this site, which may be hydrologically connected with the vernal pools. Thus, in the absence of additional information related to the hydrological connection between groundwater and the vernal pools at the site, or specifications in the LCP regarding underground development and water quality BMPs, a simple redesignation of this site from Public (P) to R-23/P raises issues with respect to consistency with Sections 30231 and 30240 of the Coastal Act.

Finally, in the case of the La Costa Glen/Forum site, HMP Measure 7-11(c) requires a 20- foot biological buffer from development for all upland native habitats, including coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, and oak woodland. It is further specified that no development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area, except for fuel modification (Zone 3) to a maximum of 20 feet for upland and non-riparian habitat. As mentioned before, the site already contains two areas designated as Open Space, and a significant portion of the site is likely to contain ESHA, which is contiguous with the ESHA found immediately surrounding this site. As proposed, the LCP amendment redesignates approximately four net developable acres within the La Costa Glen/Forum site from Regional Commercial to R-23, which would mean that residential development could foreseeably occur throughout the entirety of the site (save for the HMP buffer areas), including both the lower and upper flat portions of the site, as well as the steeply sloped dirt access road currently connecting the two flat pads.

The City’s proposed approach raises several issues. First, it is not clear that the flat pads on the lower and upper portions of the site were graded with the full benefit of coastal development permits, given the very complicated permitting history at this site (thus, it is possible that ESHA that previously occurred on the site may have been removed without mitigation). Regardless of any such issues related to permitting history, new residential development spanning the site could lead to potential adverse impacts to ESHA. To illustrate this point, the Commission notes that a previous proposal for this site for the development of an office building and associated parking required the widening of the dirt access road, construction of a vehicle turnaround, and fuel modification, which would have resulted in impacts to 0.98 acres of coastal sage scrub and necessitated 3:1 mitigation. A future residential development would likely involve similar if not greater impacts to ESHA if it were to span both lower and upper portions of the lot. To accommodate the anticipated 76 dwelling units for this site, the development footprint would likely need to be larger than that which was proposed for the office building previously, and so it would likely have greater impacts resulting from increased fuel modification areas. The HMP allows for reduced fuel modification if structures are constructed using fire retardant materials and receive authorization from the City’s Fire Department; reducing fuel modification requirements could site residential structures even closer to ESHA, leading to compounded edge effects on the sensitive habitat. Additionally, the City’s Municipal Code Dec. 2, 2025
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27 requires that interior circulation ingress/egress roads be at least 20 feet in width, whereas the existing dirt access road on the site is approximately 12 feet wide. While no recent biological studies have been conducted for this site, Dr. Clatterbuck is concerned that the less dense, but primarily native coastal sage scrub community along the slopes north of the existing dirt access road before reaching the upper mesa could be impacted if the road were widened, and an entirely different driveway alignment, as was proposed for the prior office project, would have even greater potential adverse impacts on ESHA onsite.

Therefore, as currently proposed, the City’s redesignation of the land uses on this site and the accompanying changes in Section B.1.(3)(b) of the East Batiquitos Lagoon/Hunt Properties Segment of the LUP could result in the removal and thinning of sensitive vegetation without mitigation, inconsistent with Section 30240 of the Coastal Act.

New Residential Development and Community Character
Coastal Act Section 30250(a) requires new development to be sited within or as close as possible to existing developed areas, where it can be accommodated and adequately served by public services (utilities and infrastructure) without adverse impacts to coastal resources. Section 30251 requires that development minimize the alteration of natural landforms and maintain compatibility with the character of the surrounding area. Finally, Section 30253(a) requires new development to minimize risks to life and property in areas of high geologic and fire hazards, while subsection (d) requires that vehicle miles traveled and energy consumption be minimized.

All seven sites that are proposed to be redesignated as part of this LCP amendment are located contiguous with existing developed areas, and they can be readily served by public utility services, thus consistent with Coastal Act Section 30250(a). Moreover, the City’s proposed redesignation for each of these sites would facilitate multifamily residential development that would be consistent with the requirements of Coastal Act Section 30251 to be compatible with community and visual character of the surrounding area.

More specifically, residential uses at North County Plaza (Site 1) would complement the adjacent commercial uses, and 300 dwelling units would be compatible with the bulk, height, and scale of existing and planned structures nearby; at the Avenida Encinas Car Storage Lot (Site 5), the R-30 land use designation allowing for apartments and/or condominiums up to three stories (and 35 feet in height) would be compatible with similarly sized planned industrial and visitor-serving commercial uses nearby; the redesignation at Crossings Golf Course Lot 5 (Site 6) would allow for multifamily residential development that is consistent with the visual character of development along College Boulevard and Palomar Point Way; the Caltrans Maintenance Station & Pacific Sales site (Site 16) is in an already-established commercial area with close access to goods and services and public transit, and the anticipated two- to three-story residential structure(s) facilitated by the proposed land use redesignation would be in line with the surrounding pattern of development; the NCTD Poinsettia Coaster Station (Site 17) is served by commuter rail, is immediately adjacent to a mixed-use development, and residential development is anticipated to architecturally integrate with public parking for rail passengers; the North Ponto Parcels (Site 18) would have a site capacity of 50 units, which may be dispersed among five parcels or consolidated into one development, and would be adjacent to other Dec. 2, 2025
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28 sites that are already designated R-23 and which support (or soon will support) large-scale multifamily residential development; and, finally, the La Costa/Glen Forum site (Site 19) is located immediately adjacent to residential development (both single-family and multifamily), and the R-23 designation will facilitate the construction of a multifamily residential development consistent with the bulk, height, and scale of the neighboring residential and regional commercial uses along Calle Barcelona.

As proposed, the redesignation of the seven sites (and the accompanying changes to the LUP) would also be consistent with scenic and visual resource requirements of Coastal Act Section 30251. None of the subject sites are located within LCP-designated Critical Viewsheds, future proposed development on most of the sites is likely to occur on the inland side of public vantage points, and is not anticipated to impact scenic views or public views to the sea. None of the properties are located along designated Scenic Roads such as North Highway 101, and there are no vista points to or across designated scenic areas such as Batiquitos Lagoon. While none of the sites are anticipated to contain development that would impact sensitive visual resources, other visual factors may be considered as part of design review and coastal development permit approval when the development on each of the sites is formally proposed. Therefore, future development will be reviewed on a case-by-case basis to verify consistency with the Carlsbad General Plan and LCP standards.

Nonetheless, questions are raised as to whether the proposed LCP amendment sufficiently addresses Coastal Act requirements for new development to minimize landform alteration (Section 30251), minimize risks in areas of high geologic and fire hazards (Section 30253(a)), and minimize vehicle miles traveled (Section 30253(d)).

Of the seven sites considered, only two (Crossings Golf Course Lot 5 and La Costa Glen/Forum) present challenging topography where development may occur or be immediately adjacent to slopes greater than 25% (and in certain areas, greater than 40%).

The LCP indicates that special standards would apply under such circumstances. For instance, Policy 4-2 requires the developer at the time of application to submit a geotechnical report for development near steep slopes, and Policy 4-3 requires maintaining adequate slope setbacks and protections. The City is also proposing that any future development be subject to the geologic hazard mitigation measures of the Supplemental Environmental Impact Report associated with this LCP amendment (EIR 2022-0007). Since the vast majority of Crossings Golf Course Lot 5 is flat, the existing LCP requirements and EIR mitigation measures would be sufficient in ensuring that any future proposed residential development would not exacerbate site instability and would maintain adequate setbacks from the retaining wall and steep slopes immediately to the north.

However, for the La Costa Glen/Forum site, there is concern that risks from geologic hazards would not be minimized if residential development spans the entirety of the residentially-designated (four-acre) portion of the site, including the very steep slopes connecting the currently existing lower and upper flat portions of the site. These risks include potential geologic instability resulting from the widening of the existing dirt access road onsite and the extensive grading of the steep slopes immediately adjacent to it, relocation of existing drainage and water utility infrastructure onsite that may exacerbate landslide potential and erosion, and extensive recontouring of steep erodible slopes to Dec. 2, 2025
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29 allow for a sufficient development footprint on the upper flat portion of the site. Moreover, such an approach fails to minimize landform alteration as required by Coastal Act Section 30251, and there are likely other alternatives that would not necessitate such a dramatic change to existing landforms or create such drastic visual resource impacts. By allowing the existing dirt road to become a vehicular driveway, the City’s proposal also encourages interior automobile circulation within the site, which would be inconsistent with Sections 30252 and 30253(d) of the Coastal Act.

Finally, the La Costa Glen/Forum site is located within a Very High Fire Severity Zone, as it is surrounded by extremely flammable vegetation on three sides, and it is topographically situated within a ‘bowl’ at the base of open space hillsides. As such, any future proposed development would be extremely susceptible to fire hazards. While the HMP provides fuel modification requirements, as previously mentioned, those fuel modification requirements may be reduced under a specific set of circumstances, and in any case, a 60-foot fuel modification area may not be sufficient to minimize risks to life and property from fire hazards. Moreover, the existing dirt access road onsite, even if widened and made into a vehicular driveway with sufficient turnarounds, would be the sole mode of ingress and egress from the upper mesa portion of the site, in the case of a fire or other emergency.

Fire and safety codes would typically require two ingress and egress points for emergency vehicles, but attempting to construct another connection from the upper mesa to Calle Barcelona might prove very challenging, if not infeasible, due to the steep slopes and existing constraints onsite. Thus, the City’s proposed facilitation of development on the upper portion of the La Costa Glen/Forum site would not minimize risks from fire hazards, inconsistent with Coastal Act Section 30253(d).

Public Access, Recreation, and Visitor-Serving Uses
Coastal Act Section 30210 requires maximum public access to the coast. Sections 30212 and 30212.5 require new development to not adversely impact the public’s continued access to the coast, and to avoid contributing significantly to overcrowding and overuse of any particular area, through the provision of adequate public facilities (such as parking).

Section 30222 prioritizes visitor-serving commercial recreational uses over private residential or general commercial development. Lastly, Section 30252 requires new development to provide adequate parking facilities or access to public transit, and it encourages the siting of residential development near commercial areas.

Of the seven sites, five (Sites 1, 5, 16, 18, and 19) are privately owned, and except for the existing commercial uses at North County Plaza (Site 1) and Pacific Sales (Site 16), they are not currently open to the public for public access or recreation. The other two sites, Crossings Golf Course Lot 5 (Site 6) and the NCTD Poinsettia Coaster Station (Site 17), are publicly owned; however, Site 6 is currently fenced off and not available to the public, while Site 17 allows for public parking and other public uses that are incidental to serve the train station. The City’s proposed land use redesignations would retain commercial activities at North County Plaza, and the land use designation for public parking would remain at the Coaster Station. For this reason, the City’s submitted LCP amendment would not have significant adverse impacts on existing public access and recreational opportunities. Furthermore, none of the sites are currently designated as visitor-serving Dec. 2, 2025
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30 commercial, and thus the City’s proposed LCP amendment does not raise issues with respect to the Coastal Act’s prioritization of land uses in the coastal zone.

With respect to the parking and circulation requirements in Coastal Act Sections 30212.5 and 30252, the City’s staff report for this LCP amendment indicated that off-street residential parking would be provided as required by the LCP and other applicable laws. In terms of public parking, the land use redesignations at North County Plaza and the Coaster Station will still allow and ensure that public parking facilities are provided to serve their commercial and transit-oriented uses, respectively. Nonetheless, the City’s proposed redesignations and LUP policy language should be revised to ensure that residential development is grouped together with other nearby uses where possible, and that public parking areas are provided in a manner that will avoid their overuse or oversaturation of facilities in any particular location.

2. FINDINGS FOR APPROVAL IF MODIFIED

Open Space, Environmentally Sensitive Habitat Areas, Wetlands, and Water Quality Several of the sites included in this Housing Element Rezone LCP amendment include sensitive habitats, including ESHA, riparian habitat, and wetlands (including vernal pools).

As discussed above, the City’s proposed amendments to the land use designations and Section B.1.(3)(b) of the East Batiquitos Lagoon/Hunt Properties Segment of the LUP cannot be found consistent with several Coastal Act policies. Two suggested modifications are necessary to better protect these resources.

Suggested Modification 2 adds a new Policy 3-9 to the Mello II LUP, which will better protect ESHA, vernal pools, and water quality within the NCTD Poinsettia Coaster Station site (Site 17). More specifically, the policy includes requirements to: 1) provide a shading analysis as a filing requirement for any future CDP application associated with any residential or mixed-use developments on the site; 2) minimize paved parking surface area and prohibit underground parking; 3) implement water quality protection and runoff control measures, including construction and post-construction BMPs; and 4) provide a groundwater/hydraulics analysis as a filing requirement for any future CDP application associated with any development. This added policy would ensure that any future CDP application for residential development at this site provides sufficient information during the filing process to understand the potential impacts that the project would have on the vernal pools and water quality at this site, and it would also require that the project pursue specific design elements (such as clustered above-ground parking) that are known to be more protective of ESHA and water quality, consistent with the requirements of the Coastal Act.

Although not imposed as a suggested modification, Commission staff also note that any future development proposals at this site should evaluate opportunities to minimize impacts of development here on the vernal pools, including a vegetated strip along the vernal pool edge landscaped with appropriate drought-tolerant native, non-invasive plants to provide a natural transition between residential/recreational areas and aquatic habitat.

Additional opportunities include signage, trash and waste collection, fencing, and pedestrian trail access to discourage human intrusion or indirect impacts (such as littering) Dec. 2, 2025
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31 into the vernal pool area. There may also be opportunities to relocate the existing drainage and sewer infrastructure located within or immediately adjacent to the vernal pool channel (including components such as pipes, mains, laterals, interceptors, pumps, manholes, utility boxes, catch basins, etc.) away from the vernal pool channel without significant adverse impacts to the vernal pools or other sensitive habitat within the channel. These analyses could support design of future development that provides housing units in this area while ensuring protection of these highly sensitive vernal pool resources that are protected by the City’s certified LCP.

With respect to the La Costa Glen/Forum site, Suggested Modification 1 would add references to the certified Green Valley Master Plan and eliminate an existing height limitation in Section B.1.(3)(b) of the East Batiquitos Lagoon/Hunt Properties Segment of the LUP. The Green Valley Master Plan is part of the certified IP, as an implementing measure of this LUP segment, and it is also being changed as part of this subject LCP amendment, as further detailed in Section V of this staff report. The reference to the Master Plan clarifies that all future development at this site must comply with the habitat and water quality protection standards and measures of the Master Plan, which will be discussed later in the staff report. Thus, only as modified, can the Commission find the proposed LCP amendment consistent with Coastal Act Sections 30231 and 30240 protecting water quality, wetlands, and ESHA.

New Residential Development and Community Character
Of the seven sites considered under this LCP amendment, only the redesignation of the La Costa Glen/Forum site (Site 19), and the accompanying text changes to the LUP, raises issues with regards to consistency with the new development policies of the Coastal Act, in particular those relating to high geologic and fire hazards and reduction of vehicle miles traveled. As already mentioned, the proposed redesignation from Regional Commercial to R-23 for the entirety of the site also raises the concerns of excessive landform alteration inconsistent with Coastal Act Section 30251.

In order to ensure that any future development is undertaken in a manner that responds to the aforementioned concerns related to hazards, landform alteration, and siting of residential development, Suggested Modification 1 makes clear that the development standards for this site are outlined in the certified Green Valley Master Plan (which is also being amended). The Commission also removes language limiting the height to 35 feet, to align with the increased flexibility on development standards that may be allowed by the Master Plan. No other changes related to the land use designation or acreages are needed for Section B.1.(3)(b) of the East Batiquitos Lagoon/Hunt Properties Segment of the LUP.

With regard to the NCTD Poinsettia Coaster Station site (Site 17), Suggested Modification 2 clarifies that residential development may be eligible for density bonuses if protective of coastal resources per the requirements of the LCP, and requires future development at the site to incorporate innovative siting and design criteria to minimize paved surface parking through the use of driveways, clustering, tandem parking, or pole or podium construction. Together, these are taken to promote “smart growth” principles, such Dec. 2, 2025
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32 as placing residential development in close proximity to commercial and public-serving uses, siting and distributing public facilities such as parking structures such that they adequately serve members of the public, reducing vehicle miles traveled, and minimizing ground surface area dedicated to impermeable pavement and parking through the use of innovative techniques. The shading analysis required by the new Mello II LUP Policy 3-9 also requires evaluating alternatives such as lowering the height(s) of the proposed structure(s), increasing setbacks from the vernal pool channel, utilizing bird-safe glass for greater sunlight infiltration, and changes to architectural articulation or modulation. While these project alternatives would be mainly required to be evaluated to limit the negative impacts of shading on sensitive habitat and the vernal pools at this site, these alternatives may also increase the visual compatibility of the development with the surrounding area.

Thus, as revised, the LUP amendment is broadly consistent with Section 30210’s goal to maximize public access, Section 30250 and 30251’s requirements for site compatibility with surrounding uses, community character, and natural landforms, Section 30252’s goals to improve transit and provide non-automobile circulation, Section 30253’s goal to minimize risks from hazards and reduce vehicle miles traveled, and will not interfere with public access in conflict with 30212, 30212.5, or other public access provisions of the Coastal Act.

V. FINDINGS FOR REJECTION OF CERTIFICATION OF THE CITY

OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT, AS

SUBMITTED, AND APPROVAL IF MODIFIED
The proposed amendment affects the IP component of the City’s LCP. The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified Land Use Plan (LUP).

A. AMENDMENT DESCRIPTION

The proposed LCP amendment will rezone six sites to align with the proposed land use redesignations of seven sites as discussed in Section IV of this staff report. The La Costa Glen/Forum (Site 19) is currently zoned Planned Community (P-C) and is not proposed to be rezoned. The proposed rezones are as follows:

Site APNs Existing Zoning Proposed Zoning
North County
Plaza (Site 1)
156-301-16-00 C-2-Q/OS* C-2-Q/RD-M/OS
Avenida
Encinas Car
Storage Lot
(Site 5)
210-090-24-00 P-M RD-M
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33 Crossings Golf
Course Lot 5
(Site 6)
212-270-05-00 P-M/O RD-M
Caltrans
Maintenance
Station &
Pacific Sales
(Site 16)
211-050-08-00,
221-050-09-00
R-A-10000, C-2 RD-M
NCTD
Poinsettia
Coaster Station
(Site 17)
214-150-08-00,
214-150-20-00

RD-M-Q RD-M-Q/T-C-Q
North Ponto
Parcels (Site
18)
216-010-01-00,
216-010-02-00,
216-010-03-00,
216-010-04-00,
216-010-05-00
C-2 RD-M
Legend:

C-2 = General Neighborhood Commercial
O = Office
OS = Open Space
P-M = Planned Industrial
T-C = Transportation Corridor
Q = Qualified Development
R-A-10000 = Residential Agriculture (10000 sq. ft.)
RD-M = Residential Density - Multiple
To account for the higher residential densities afforded by the newly proposed R-35 and R- 40 land use designations, the City is also proposing to make changes to several development standards (such as height, parking, yard setbacks, lot area and coverage, private recreational space, and growth control points) that would incorporate the new land use designations. The growth control points are being updated with the most current General Plan density ranges for all residential designations, and a new section 21.90.200 is being proposed to clarify that the growth control points, as well as residential growth management plan caps and quadrant limits, cannot be enforced, consistent with State housing laws, and rather, they are to be used to inform the City of potential dwelling unit yields and potential future public facility needs of new development. The City’s submitted LCP amendment would also simplify and remove exceptions to certain front and side yard setback requirements. In the R-35 and R-40 land use designations, the City is proposing to prohibit single-family residences; this prohibition will extend to other lots rezoned to meet RHNA requirements as detailed in the Housing Element.

Under the City’s current inclusionary housing provisions, 15% of multifamily housing projects of seven or more units must be considered Low or Very-Low, and such designated affordable units (either for-rent or for-sale) must be deed restricted to ensure * Portions of some sites are currently
zoned Open Space, as shown by the
“split” zoning. The City states that the
proposed rezoning for these sites
does not affect the existing OS zones.

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34 their status. As mentioned, for the rezoned sites, the City is proposing to increase the threshold to 20% for non-City owned sites, and 40% for City-owned sites. Projects that conform to specific requirements, including containing at least 20% lower income housing (Gov. Code, § 65583.2(h)), would have guaranteed (“by right”) approval and be subject to the mitigation measures of the Environmental Impact Report that is supplemental to this Housing Element Rezone. Per the City’s density bonus provisions, developers may obtain even greater densities with a density bonus due to the inclusion of onsite affordable units.

To allow for these greater densities and to ensure that the LCP is harmonized with state law, the LCP amendment clarifies that any growth control points are to help estimate potential dwelling unit of a site and determine the development’s future reliance on public infrastructure, rather than set a hard residential cap or limit.

The City is also proposing substantial changes to the Green Valley Master Plan, which is an implementing measure of the East Batiquitos Lagoon/Hunt Properties segment of the LUP (i.e., it is part of the IP), applicable to the La Costa Glen/Forum site (Site 19). These include changes to various figures concerning Planning Area 2 of the Green Valley Master Plan (Figures I-5 (Master Plan Land Use), I-6 (Master Plan Planning Areas), II-1 (General Plan Land Use), and VI-II (Planning Area 2 – Land Use)), as well as text changes that specify four net developable acres designated as R-23 within Planning Area 2 with an anticipated site capacity of approximately 76 dwelling units (provided in multifamily development, and exclusive of any applicable density bonuses), and that parse out the residential uses from the existing commercial uses on the remainder of Planning Area 2.

Additional proposed language applicable to residential development within Planning Area 2 requires a 35-foot setback from Calle Barcelona, as well as the following affordability requirements:
• Providing a minimum of 20% of the total housing units on the site as affordable to low-income households at 80% AMI; or
• Providing at least 15% of the total housing units on the site as affordable to low- income households and an additional 10% affordable to moderate-income households; or
• Providing at least 15% of the total housing units to very low-income households.

B. CONFORMANCE WITH THE CERTIFIED LAND USE PLAN

The standard of review for LCP implementation plan submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. In this case, the proposed LCP amendment concerns sites located within two certified LUP segments: the Mello II Segment and the East Batiquitos Lagoon/Hunt Properties Segment. Each has a number of goals and policies relevant to the proposed amendment; the most applicable LUP standards are as follows:

Mello II Segment LUP Policies

Policy 1-1 Allowable Land Uses

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

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35 Policy 1-2 Maximum Density of Development

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 policies of the certified LCP.

Policy 3-1 Carlsbad Habitat Management Plan

Certain areas of Carlsbad coastal zone have very high habitat value. These areas are not suitable for farming. These areas exhibit a large number and diversity of both plant and animal species, several of which are threatened because of extensive conversion of mixed Chaparral and Coastal Sage Scrub habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major deterrent to soil erosion and attendant difficulties.

The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city and the Coastal zone.

Policy 3-4 Grading and Landscaping Requirements

... (b) All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials, to reduce erosion potential.

Such landscaping shall be maintained and replanted if not well-established by December 1st following the initial planting.

… (f) Development projects should be designed to comply with the following site design principles:

1. Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff.

2. To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition.

… (l) Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.

... (o) Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry Dec. 2, 2025
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36 weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.

Policy 4-7 100-Year Floodplain

Development shall continue to be restricted in 100-year floodplain areas. Continuing the policy of zoning 100-year floodplains as open space will permit natural drainage to occur without the need for flood control channels. No permanent structures or filling shall be permitted in the floodplain and only uses compatible with periodic flooding shall be allowed.

East Batiquitos Lagoon/Hunt Properties Segment LUP Policies

Policy 3. Environmentally Sensitive Habitats

… (4) Steep Slopes - Slopes 40% or greater shall be constrained from development. Slopes 25% to 40% may be constrained from development. (See Grading and Erosion Control below.)

Policy 4. Grading, Drainage and Erosion Control

(1) … Many slope areas on the property contain sensitive vegetation and support a variety of wildlife species. Slope areas also pose possible geologic hazards and require close development review.

(2) Any development proposal that affects slopes 25% inclination or greater, shall be required to prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall be prepared during the CEQA environmental review on a project-by-project as is and shall be required as a condition of a coastal development permit.

(3) Under the Master Plan requirements, any development shall conform to the following additional standards:

(a)
For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage Scrub and Chaparral plant communities, the following shall apply:

(1)
Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this policy would preclude any reasonable use of the property in which case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with 25% grade, any such

encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the City's Circulation Element or the development of utility systems. Uses of slopes over 25% may be Dec. 2, 2025
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37 made in order to provide access to flatter areas if there is no less environmentally damaging alternative available.

(2) No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 20% of the total site area.

(3) Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community.

(b)
For all other 25% and over slope areas, the City Council may allow exceptions to the above grading provisions provided the following mandatory findings to allow exceptions are made:

(1)
A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigable for at least 75 years, or life of structure.

(2) Grading of the slope is essential to the development intent and design.

(3) Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas.

(4)
If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes.

(5) If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres, complete grading may be allowed only if no interruption of significant wildlife corridors occurs.

(6) Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated.

Overriding circumstances are not considered adequate mitigation.

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38 …(e) All undeveloped slopes shall be placed in open space easements as a condition of development.

(f) Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria:

(4)
All areas disturbed by grading, but not completed during the construction period, including graded pads, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said plantings shall be accomplished under the supervision of a licensed landscape architect and shall consist of seeding, mulching, fertilization, and irrigation adequate to provide 90% coverage within 90 days. Planting shall be repeated, if the required level of coverage is not established. This requirement shall apply to all disturbed soils, including stockpiles.

… (9) Development projects should be designed to comply with the following site design principles:
a. Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff.
b. To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition.

… (15) Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.

... (18) Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.

Policy 5. Landscaping

… Landscaping adjacent to structures should provide an effective screen of urban development.

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39 The City’s certified Habitat Management Plan (HMP), a collaboration of federal and state wildlife agencies in addition to the City, is important for implementing the Coastal Act policies regarding biological resources. Given the mandate of Section 30240 to protect environmentally sensitive habitat areas, the City developed its HMP to establish the critical preserve and development envelopes in remaining undeveloped areas. The HMP implements Section 30240 as it applies to environmentally sensitive habitat areas in the City, and the Commission certified the HMP in July 2003. The HMP includes goals, objectives, and policies, which are included in Appendix A of this staff report and are applicable to the proposed amendment.

1. FINDINGS FOR REJECTION AS SUBMITTED

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, as amended herein.

a) Purpose and Intent of the Ordinances.

The purpose of the Housing Element Rezone is to include a current inventory of seven sites that will be redesignated and upzoned to increase density allowances in order to meet the City’s remaining RHNA housing needs for this phase of the City’s Housing Element Law, and there are additional textual changes that are needed to harmonize the new land use and zoning designations with California Housing Element Law and the California Coastal Act (including the certified LUP).

b) Major Provisions of the Ordinances.

The Housing Element Rezone ordinances (CS-465 and CS-466) include many detailed provisions, but the most significant are:

Title 21 (Zoning Code), Ordinance CS-465

• Updates to the density ranges for various zones (such as R-3, R-P, R-W, and RD- M) that implement the residential land use designations. RD-M would now implement the higher land use designations of R-35 and R-40. • Incorporation of references to R-35 and R-40 land use designations in the development standards (height, setbacks, lot area and coverage, recreational space, and parking requirements).
• Prohibition of single-family residences within R-35 and R-40 land use designations. • Updates to the density ranges for all residential land use designations and their corresponding growth management control points.
• The addition of Carlsbad Municipal Code Section 21.90.200 stating that State laws preempt the City from enforcement of growth management provisions. • For the rezoned sites, an affordability requirement for 20% of units for those that are non-City owned (including private), and 40% of units for City-owned sites. • “By right” approval of 20% lower income housing pursuant to Gov. Code § 65583.2(h), which would be subject to the mitigation measures of the Environmental Impact Report that is supplemental to this Housing Element Rezone.

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40 Green Valley Master Plan, Ordinance CS-466

• Updates to figures to show the multifamily residential land uses within Planning Area 2.
• The addition of approximately four net developable acres of residential uses within Planning Area 2, with R-23 land use designation, and an anticipated density yield for the site of approximately 76 units (within condominiums or apartments). • Implementation of RD-M zoning within Planning Area 2 pursuant to the R-23 land use designation.
• Affordability requirements for future residential development in Planning Area 2, which could be accomplished in one of three ways pursuant to City approval. • A minimum setback of 35 feet from Calle Barcelona, applicable to all structures and fences or walls greater than 42 inches in height proposed within Planning Area 2. • Characterization of residential land uses in nearby Planning Area 3 as R-15, comprised of 400 single-family dwellings. Base density yields per the land use designation would be made exclusive (rather than inclusive) of any density bonus under State law or the Carlsbad Municipal Code.

c) Adequacy of the Ordinances to Implement the Certified LUP Segments.

The Commission has, in general found that the allowance for increased densities can be an effective tool to provide for affordable housing. In fact, Coastal Act Section 30604(f) specifically encourages the Commission to approve an increase in density for affordable housing when such housing can be accommodated in a manner otherwise consistent with the resource protection policies of the Coastal Act or a local government’s certified LCP.

However, Ordinance CS-465 would remove front yard landscaping approvals, and Ordinance CS-466 would amend the Green Valley Master Plan such that the R-23 land use designation is applied to a large portion of the La Costa Glen/Forum site (Site 19) where ESHA and steep slopes, prone to fire and geologic hazards, are likely to occur. The Commission notes that the City’s submitted LCP amendment also contains administrative errors, such as a scrivener’s error related to the 2024 City Council resolution approving the Supplemental EIR for the Carlsbad Housing Element Rezone, miscalculations and omitted acreages in a land use table of the Green Valley Master Plan, and height and setback requirements that potentially conflict with Title 21 of the Carlsbad Municipal Code. Thus, the ordinance is found to be inadequate to carry out the provisions of the certified LUP.

2. FINDINGS FOR APPROVAL IF MODIFIED

As further discussed below, with the inclusion of the suggested modifications, any future residential project on the La Costa Glen/Forum property will avoid the upper mesa area and steep slopes of the site, will waive restrictive limits on height, setbacks, and similar development standards to allow for clustering of the development on the lower, eastern portion of the site at the anticipated density yield of the Housing Element, and will require City landscaping approvals within its front yard setback. The suggested modifications thus result in increased protections of ESHA, existing landforms, and existing areas on the site already designated as Open Space. With these changes, residential development on the La Costa Glen/Forum site would also be in accordance with Section B.1.(3)(b) of the East Dec. 2, 2025
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41 Batiquitos Lagoon/Hunt Properties Segment of the LUP, as amended by the City and modified by the Commission herein.

Title 21 (Zoning Code)

As discussed in Section IV of this staff report regarding the proposed LUP amendment, there are three sites (North County Plaza (Site 1), NCTD Poinsettia Coaster Station (Site 17), and La Costa Glen/Forum (Site 19)) under consideration of this IP amendment that either contain, or are immediately adjacent to, ESHA. The City proposes to simplify the existing certified language in Section 21.24.040 (Front Yard) of the Carlsbad Municipal Code, such that the requirement would now be for a front yard of no less than ten feet, except where there are carport or garage openings facing the front yard, where the minimum front yard depth then becomes twenty feet. At the same time, the City struck out language related to approval of landscaping and irrigation system plans by the City planner prior to issuance of a building permit for a proposed residential structure. By restoring all previous certified language in this Municipal Code section, Suggested Modification 4 would therefore ensure that sites where the front yard is in proximity to ESHA would seek and receive City approvals for landscaping and irrigation, thus avoiding potential offsite adverse effects on sensitive habitats, riparian areas, and water quality.

The only other revision necessary to find the City’s Zoning Code changes consistent with the certified LUP is Suggested Modification 3, which addresses a scrivener’s error in Note 7 of Table A in Section 21.24.020 (RD-M Zone). The City’s submitted LCP amendment erroneously states that the City Council Resolution certifying the Supplemental EIR (EIR 2022-0007) for the Carlsbad Housing Element Rezone is “202X- XXX.” The City Council passed Resolution No. 2024-014 on January 30, 2024. While this is a minor error, it is important that it is fixed to ensure that the “by right” approvals for certain residential developments subject to Government Code Section 65583.2(h) indeed contain the necessary mitigation measures of the Supplemental EIR, including the requirements for biological and geological surveys in environmentally sensitive sites.

Green Valley Master Plan

The Green Valley Master Plan amendments under consideration apply to only one of the redesignated sites – La Costa Glen/Forum (Site 19). The City’s map and text changes generally seek to conform the Green Valley Master Plan with the redesignation of the site from Regional Commercial to R-23, while setting objective parameters related to net developable acres for density yield calculations, total residential unit targets for the site, density, height, and other development standards. Nonetheless, the Commission and City agree that the western, upper mesa portion of the site, and the steep slopes surrounding it, should not be developed with residential uses, even if this acreage is ultimately utilized for density yield and density bonus calculations. As such, the Commission sets forth a series of suggested modifications that would ensure that adequate protection of coastal resources present on the site is achieved, while balancing the need for the City to meet its density targets of its Housing Element.

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42 In order to cluster future residential development away from the western, upper portion and the steep slopes on the site, Suggested Modification 8 outright prohibits development therein, and further makes that portion of the site available for habitat restoration/mitigation purposes (which the Commission understands to potentially include the construction and maintenance of pedestrian trails for passive open space recreation). This suggested modification then clarifies that development must therefore be clustered on the eastern, lower portion of the site. The modification allows the City to waive certain development standards, such as setbacks and height, to achieve the number of units required by the Housing Element, assumed to be approximately 76 dwelling units, and will be more definitively determined upon a site specific analysis confirming the net developable acreage of the site. To that end, the City may require a future developer to submit geotechnical and biological analyses as filing requirements or conditions of approval of a coastal development permit, as these will evaluate on-the-ground conditions and help determine the final site developability or capacity. This suggested modification then removes the City’s originally proposed 35-foot setback from Calle Barcelona, as such a requirement could potentially conflict with the approach to cluster development within the eastern portion of the site, and closer to the street.

While the final net developable acreage and developable footprint is not currently known (pending future site specific analysis), and thus it cannot be mapped accurately, the Commission and City agree that a note could still be added to the applicable figures to demonstrate that the western portion of the site shall not be developed. Therefore, Suggested Modification 5 would add a note to Figures I-5 (Master Plan Land Use) and VI-11 (Planning Area 2 - Land Use) of the Master Plan stating that, for the Multifamily Residential area in Planning Area 2, the “[w]estern portion of this area shall not be developed. See Planning Area 2 development standards.” This signals for any potential future developer that they would need to reference the requirements set forth in Section VI.C of the Master Plan (added by Suggested Modification 8).

Finally, the Master Plan, as proposed to be amended by the City, does not adequately capture the existing 2.67 acres already designated as Open Space on this site. To avoid confusion when viewing the Open Space areas in Figure II-1 (General Plan Land Use) of the Master Plan, the City agrees with the Commission’s Suggested Modification 6 to revise the existing note to state that the “[b]oundaries are conceptual. See General Plan and certified Local Coastal Program Land Use Maps for boundaries of each land use designation.” That puts the reader on notice that the General Plan and LCP Land Use Maps are more accurate and are controlling, and should thus be referenced. Similarly, the

2.67 acres of designated Open Space are missing from Table I-1 (Land Use Summary) of the Master Plan. Suggested Modification 7 would add in that Open Space acreage and revise the final tallies on the table. Together, these modifications help ensure that no residential development in the future encroaches onto these Open Space areas

As revised, through the inclusion of all the aforementioned suggested modifications, Title 21 of the City’s Municipal Code and the Green Valley Master Plan would ensure that future residential development would adequately protect sensitive habitat areas, minimize landform alterations, minimize risks from geologic and fire hazards, minimize impacts to water quality, addresses visual resource impacts and public access and recreational requirements, and clusters development within areas that could satisfactorily Dec. 2, 2025
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43 accommodate it, consistent with the certified LUP, including as modified by this subject LCP amendment.

VI. 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. On January 30, 2024, the Carlsbad City Council adopted Resolution No. 2024-014 certifying the Final Supplemental Environmental Impact Report associated with this LCP amendment (EIR 2022-0007, SCH No. 2022090339).

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. The Commission finds that approval of the proposed land use and ordinance amendments, as submitted, would result in significant impacts under the meaning of the California Environmental Quality Act, including impacts relating to environmentally sensitive habitat area, wetlands, water quality, new development, scenic and visual resources, and public access and recreation. However, as suggested to be modified, the changes to the City’s Land Use and Implementation Plans would not result in significant impacts to the environment within the meaning of the California Environmental Quality Act.

Therefore, the Commission finds that approval of the LCP amendment, as modified, will not result in any significant adverse environmental impacts.

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44 APPENDIX A – CERTIFIED HABITAT MANAGEMENT PLAN

POLICIES AND EXCERPTED COMMISSION FINDINGS
Certified HMP Text:

Goals and Objectives
The overall goal of the HMP is to contribute to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the City of Carlsbad and the larger region while allowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan.

The specific biological objectives of the Plan are to:
• Conserve the full range of vegetation types remaining in the City, with a focus on rare and sensitive habitats;
• Conserve areas of habitat capable of supporting the HMP Species in perpetuity; and
• Maintain functional wildlife corridors and habitat linkages within the City and to the region, including linkages that connect gnatcatcher populations and movement corridors for large mammals.

The specific conservation objectives of the Plan are to:
• Maintain functional biological cores;
• Maintain functional linkages and movement corridors;
• Conserve rare vegetation communities;
• Conserve narrow endemic species and maintain populations of target species; and
• Apply a “no net loss” policy to the conservation of wetlands, riparian and oak woodland habitats.

The specific land use objectives of the Plan are to:
• Protect important wildlife habitats while allowing for orderly growth and development;
• Provide a menu of land use measures to protect and conserve habitat according to the Plan including standards relating to mitigation, open space dedications and density transfer; and
• Provide a framework for coordinating and monitoring the protection and management of biological resources in natural open space[…] Coastal Zone Conservation Standards
Policy 7-1 Environmentally Sensitive Habitat Areas (ESHA) 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.

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45 Policy 7-2 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species. Properties containing Coastal Sage Scrub located in the Coastal Zone shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite. Conservation of gnatcatchers shall be determined in consultation with the wildlife agencies.[…] Policy 7-4 Streams
A stream is a topographical feature with a clear bed and bank that periodically conveys water.

Policy 7-6 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of Regulations Section 13577(b), ‘wetland’ means lands within the coastal zone, which may be covered periodically, or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Wetland shall include land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be considered presumptive evidence of wetland conditions.

Wetlands in the Coastal Zone shall be delineated following the definitions and boundary descriptions in Section 13577 of the California Code of Regulations.

Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed in the Coastal Zone except as provided in that Section.

Policy 7-7 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 7-6 above, mitigation shall be provided at a ratio of 3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts.

Policy 7-8 No Net Loss of Habitat
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.

Mitigation for impacts to any of these habitat types, when permitted, shall include a creation component that achieves the no net loss standard. Substantial restoration of highly degraded areas (where effective functions of the habitat type have been Dec. 2, 2025
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46 lost) may be substituted for creation subject to the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. Development shall be consistent with Policy 7-1 of this subsection, unless proposed impacts are specifically identified in the HMP; these impacts shall be located to minimize impacts to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat.

Policy 7-9 Upland Habitat Mitigation Requirements
Where impacts to the habitats stated in 7-1 are allowed, mitigation shall be provided as follows:
a. The no net loss standard shall be satisfied as stated in 7-8. Typically this will consist of creation of the habitat type being impacted (or substantial restoration where allowed) at a ratio of at least 1:1 as provided in the HMP. b. Onsite preservation is not eligible for mitigation credit in the coastal zone. Onsite or off-site open space preserve areas may be utilized to satisfy required mitigation for habitat impacts associated with development if the preserve areas are disturbed and suitable for restoration or enhancement, or they are devoid of habitat value and therefore suitable for the 1:1 mitigation component requiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of qualitatively changing habitat type and may meet the creation requirement if it restores habitat type that was historically present, but has suffered habitat conversion or such extreme degradation that most of the present dominant species are not part of the original vegetation. Substantial restoration contrasts with enhancement activities, which include weeding, or planting within vegetation that retains its historical character, and restoration of disturbed areas to increase the value of existing habitat which may meet other mitigation requirements pursuant to the HMP.
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation component satisfying half of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. [. . .]
h. All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of the wildlife agencies. In addition, a preserve management plan shall be prepared for the mitigation areas, to the satisfaction of the City, the wildlife agencies, and the Coastal Commission. Phase 1 of the preserve management plan shall be incorporated into the Implementation Program of the LCP through an LCP amendment within one year of Commission certification of the HMP as part of the certified LCP. Phase 2 of the preserve management plan shall be incorporated into the Implementation Program in the same manner within three years of Commission certification of the HMP as part of the certified LCP. The preserve management plan shall ensure adequate funding to protect the preserve as open space and to maintain the biological values of the mitigation areas in perpetuity. Management Dec. 2, 2025
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47 provisions and funding for mitigation required to address habitat impacts shall be in place prior to the impacts for which the mitigation is required. At a minimum, monitoring reports shall be required as a condition of development approval after the first and third year of habitat mitigation efforts.

Policy 7-11 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development.

Minimum buffer widths 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).

Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 ft. between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope.

Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer determinations.

No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area, except for:
a. Fuel modification Zone 3 to a maximum of 20 ft. for upland and non-riparian habitat. No fuel modification shall take place within 50 ft. of riparian areas, wetlands, or oak woodland.
b. Recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas.

Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development.

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48 Components of Preserve System
The adopted HMP protects habitat and wildlife by contributing to an interlinked regional preserve system. The preserve area for the HMP includes land in three different categories: hardline properties, standards areas, and existing preserve.

1. Hardlines
Certain properties have been designated in the HMP with specific development and conservation footprints and are known as “hardline” properties. If development is proposed on these sites in a manner that is substantially in conformance with the “hardline” configuration in the HMP, the development will be authorized consistent with all other regulatory standards and procedures. The purpose of this process is to ensure that certain areas of onsite habitat will be set aside for permanent preservation, and that the property owners have committed to abide by the established development limitation upon approval of the HMP.

2. Standards Areas
The second category of proposed preserve area in the HMP contains the “standards” areas, for which the HMP contains guidance relative to future habitat preservation and the siting of new development. The standards areas involve specific undeveloped properties within the City that are located in the biological core and linkage areas identified in the County MHCP.

3. Existing Preserve Areas
The third category contains existing preserve lands (preserved prior to certification of the HMP), such as the City’s three coastal lagoons and associated wetlands, the Dawson Los Monos Reserve, the Carlsbad Highlands Mitigation Bank, and other preserves located within previously approved development. Approximately 4,450 acres of existing preserve land were incorporated into the HMP. These areas, which include both private and public land, have already been conserved for their wildlife value through previous development actions, such as mitigation banks and required open space. However, because these lands were preserved prior to the development of the HMP, many of these lands will not be monitored or managed to the extent of the post-HMP preserve areas. It is the City’s intention to seek outside funding for management, monitoring and enforcement of the privately-owned lands in the existing preserve areas.

Pages 35-39 – Findings for Approval of HMP (Dated May 22, 2003):

A. Conflict Resolution/ESHA and Concentration of Development The Commission can approve an LUP amendment that is inconsistent with Chapter 3 policies only if it finds that the approval of the development raises conflicts between Coastal Act policies and that, on balance, the project as approved is most protective of significant coastal resources. The policy conflicts which arise in this LCP amendment request result from the fact that all areas determined to be ESHA would not be preserved, and concentration of development would not be achieved. In other words, to appropriately Dec. 2, 2025
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49 concentrate development and create a habitat preserve that addresses the long-term viability and conservation of identified sensitive species, some impacts to ESHA in the coastal zone must be accepted.

Section 30007.5 of the Coastal Act provides the Commission with the ability to resolve conflicts between Coastal Act policies. The Commission finds that Sections 30240 and 30250 of the Coastal Act must be considered when reviewing the proposed habitat impacts, and the development patterns that would result from implementation of the draft HMP.

Section 30240 states:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas and shall be compatible with the continuance of those habitat and recreation areas.

Section 30250 of the Coastal Act requires that new development be concentrated in areas able to support it without adversely affecting coastal resources and states, in part:
(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources….

The Commission finds that the draft HMP would allow impacts to individual areas of ESHA for uses that are not dependent on the ESHA, which is inconsistent with Sections 30240 of the Coastal Act. However, the Commission finds that the coastal resources of the LCP area will be, on balance, best protected by concentrating allowable development adjacent to existing urban services and other developed areas. Additionally, greater benefit will be obtained from preserving large contiguous areas of the most environmentally sensitive vegetation and wildlife areas rather than preserving all fragmented pieces of habitat in place.

In order for the Commission to utilize the conflict resolution provision of Section 30007.5, the Commission must first establish that a substantial conflict exists between two statutory directives contained in the Coastal Act. In this case, as described above, the draft HMP is inconsistent with Coastal Act policies that protect environmentally sensitive habitat area.

Although the City has proposed changes to the HMP and associated policies of the certified land use plan that would delete potential impacts to wetlands in the coastal zone, impacts to environmentally sensitive habitat would still result. However, to deny the LCP amendment based on this inconsistency with the referenced Coastal Act requirements would reduce the City’s ability to concentrate proposed development contiguous with existing urban development, and away from the most sensitive habitat areas, as required Dec. 2, 2025
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50 by Section 30250. If the LCP amendment is not approved, dispersed patterns of development will occur that are inconsistent with Section 30250. Denial of the LCP amendment would also prevent the resource protection policies of the LCP from being upgraded to clearly protect ESHA that is not located on steep slopes.

The Commission notes that the HMP proposes mitigation for habitat impacts at ratios ranging from 1:1 to 4:1, depending on the habitat type. At minimum, 1:1 mitigation in the form of new creation is required for any impacts; additional mitigation may be in the form of substantial restoration, revegetation and/or acquisition. Since some of the existing habitat that potentially could be impacted is currently of low quality (e.g., fragmented, disturbed and/or invaded by non-native species), it should be noted that the replacement of such habitat in areas that are suitable and will be permanently monitored and managed may provide an environmental benefit that is superior to retaining all existing areas of native habitat in place.

After establishing a conflict among Coastal Act policies, Section 30007.5 requires the Commission to resolve the conflict in a manner that is most protective of coastal resources. In this case, the draft HMP would allow certain impacts to ESHA, including dual-criteria slopes. If modified as suggested, overall impacts to native habitat in the coastal zone would be reduced, because categories of habitat that are not currently protected would be protected, but impacts to ESHA would still occur. However, if mitigated as proposed, the replaced and protected ESHA will be located in areas that provide larger contiguous contributions to the proposed HMP preserve area, and will ensure that the critical wildlife movement corridors and largest populations of gnatcatchers within the coastal zone have sufficient areas of high-quality habitat for species survival.

In resolving the identified Coastal Act conflicts, the Commission finds that the concentration of development adjacent to existing urban development and infrastructure, and away from sensitive natural resources is, on balance, more protective of the land resources than to require that isolated areas of habitat be retained in an area adjacent to residential development. Therefore, the Commission finds that approval of the draft HMP, if modified as suggested, is on balance the most protective option for the relevant coastal resources, for the following reasons.

The HMP proposes to preserve large, contiguous blocks of habitat with the highest natural resource value relative to covered species, and to generally locate development away from these areas. In exchange for the benefits derived from a share of the incidental take authorized under the HCP, which will result in some impacts to gnatcatchers and associated adverse impacts to CSS, landowners must agree to place a majority of sensitive habitats on their properties into open space that will then become part of the permanent MHCP preserve.

Within the City of Carlsbad, approximately 8,800 acres of naturally-vegetated areas remain, or 36% of the City’s total area, including approximately 3,315 acres of coastal sage scrub. In Planning Zones 19, 20 and 21, where the majority of undeveloped land in the coastal zone is located, approximately 60 acres of CSS remain. The populations of gnatcatchers within the City are important to the overall viability of the regional gnatcatcher population that will be addressed in the MHCP. As the municipality with the largest amount of gnatcatcher habitat within the MHCP, the populations represent a critical link in the Dec. 2, 2025
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51 distribution of the species throughout north San Diego County, particularly in the Carlsbad- Oceanside corridor, which connects gnatcatcher populations in Orange and Riverside counties with populations to the north and east of Carlsbad. The HMP would preserve approximately 6,400 acres of native habitat, as existing preserve, proposed hardline preserve areas, and through implementation of “standards areas” in certain areas without existing development proposals.

Within the coastal zone, the second HMP addendum and LCP amendment proposes no net loss of most native vegetation types, with mitigation ratios ranging from 1:1 to 4:1 to ensure that, on balance, there will be no negative impacts to the total quantity and/or quality of ESHA within the coastal zone. Interim preserve management requirements, as included in the HMP, will cover the first three years following approval of the HMP, during which time a plan for permanent management will be developed by the City in cooperation with existing reserve managers, private owners, and the wildlife agencies.

The Commission must consider impacts of residential buildout as a means to analyze the effect of the proposed LCP amendment and make revisions, as necessary, to establish the standard of review consistent with the Coastal Act. In order to protect corridors of viable, connected habitat area which take into account the mobility and foraging requirements of listed and covered species, the Commission finds that it is appropriate to take a regional approach to the preservation of ESHAs. Instead of preserving all ESHAs in place where they are found, which could result in excessive fragmentation, reduced habitat values and difficulties in monitoring and management, it may be more protective of ESHA resources to focus on regional conservation approaches that concentrate development away from the habitat of greatest overall value. Such an approach could ensure the health and viability of larger, connected sensitive vegetative communities that support listed and covered species within the City’s jurisdiction.

The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other local jurisdiction plans affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource protection standards require more stringent limitations to coastal ESHA impacts for individual sites. The clustering and concentration of development away from sensitive areas that will result from the proposed standards will provide a larger, more contiguous preserve area than if development on the same properties were to be approved on a lot-by-lot basis. The HMP also proposes to provide a higher standard of protection for coastal ESHA than currently provided by the certified LCP, which addresses only native habitat on steep slopes greater than 25% (dual-criteria slopes).

Most of the properties in the standards areas and hardlines are zoned for low- density single-family development. Although it is anticipated that clustering and density transfer within areas outside of the proposed preserve locations could allow for the same number and intensity of residential units to be developed on most properties as currently designated in the General Plan, the ultimate effect would be to locate development on smaller lots and/or a smaller overall development footprint, located further from sensitive resources and proposed wildlife movement corridors. Although current zoning and land use designations limit development in most of the standards areas and hardline properties to low-density single-family development, higher density development than is currently Dec. 2, 2025
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52 allowed could appropriately occur in most of the areas identified for development in the LCP amendment. Potential impacts to these areas located in the HMP preserve would therefore be reduced, and additional benefits to the City resulting from compact urban growth, prevention of sprawl and efficient use of underlying infrastructure, public services and facilities would likely result. The Commission therefore finds that approval of the HMP and the LCP amendment, if modified as suggested, would result in increased clustering of development and reduction of urban sprawl into sensitive habitat areas.

Although implementation of the HMP and MHCP will result in some loss of native habitat and listed species throughout the region, in association with loss due to incidental take outside the preserve area, the potential losses to the habitat would be considerably higher without the HMP and MHCP, particularly outside the coastal zone where fewer development restrictions on native habitat would apply. Within the coastal zone, the existing LCP does not protect native habitat on slopes less than 25% grade and therefore the proposed LCP revisions represent a significant improvement over current requirements. Through application of proposed mitigation requirements, there will be no net loss of ESHA within the coastal zone and the regional function of the MHCP preserve will continue to be protected.

This finding that approval of the HMP is the most protective option for coastal resources is based on the assumption that the habitat mitigation will be implemented as proposed, and properly maintained in perpetuity. Should the mitigation not be managed and maintained as designed, or if the required mitigation sites are not provided as proposed, the long-term benefits of the HMP for coastal resources would not be realized. To address these concerns, the City has included revisions to the HMP and associated LUP policies which address establishment of the preserve area, funding, monitoring and management.

Interim preserve management requirements, as provided in the draft HMP, will cover the first three years following approval of the HMP, during which time a plan for permanent management will be developed by the City in cooperation with existing reserve managers, private owners, and the wildlife agencies. The preserve management plan must be approved by the City, the wildlife agencies and the Commission, and shall ensure adequate funding to protect the preserve as open space and maintain the biological values of the mitigation areas in perpetuity. Additionally, the preserve management plan is required to be incorporated into the Implementation Plan of the LCP through an LCP amendment within one year of Commission certification of the HMP as part of the certified LCP.

Dec. 2, 2025
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53 APPENDIX B – SUBSTANTIVE FILE DOCUMENTS
• LCP Amendment No. LCP-6-CAR-24-0013-1 (Carlsbad Housing Element Rezone) • Carlsbad Habitat Management Plan

Dec. 2, 2025
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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SAN DIEGO DISTRICT OFFICE
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
VOICE (619) 767-2370
FAX (619) 767-2384
F14a
LCP-6-CAR-24-0013-1 (Carlsbad Housing Element Rezone)
August 15, 2025

EXHIBITS
Table of Contents
EXHIBIT 1: Vicinity Map
EXHIBIT 2: Site Appealability Map
EXHIBIT 3: Proposed Land Use Map Changes
EXHIBIT 4: Proposed Zoning Map Changes
EXHIBIT 5: Previous Vegetation Mapping
EXHIBIT 6: City Council Resolution No. 2024-015
EXHIBIT 7: City Council Ordinances Nos. CS-465 & CS-466 Dec. 2, 2025
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Coastal Zone
Boundary
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 1

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Coastal Zone
Boundary
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 2

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Exhibit "GPA 2022-0001/LCPA 2022-0015"

EXISTING

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Site 1 -- North County Plaza
J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site1.mxd October 18, 2023
Exhibit 3 – Proposed Land Use Map Changes
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 3

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EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 210-090-24-00 Pl R-30
Exhibit "GPA 2022-0001/LCPA 2022-0015"
Site 5-AVENIDA ENCINAS CAR STORAGE LOT
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 3

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EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 212-270-05-00 Pl/O R-30
Exhibit "GPA 2022-0001/LCPA 2022-0015"
Site 6 - CROSSINGS GOLF COURSE LOT 5
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 3

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General Plan Map Designation Change
Property APN From: To:

A. 211-050-08-00 p R-30
B. 221-050-09-00 GC R-30
Exhibit "GPA 2022-0001/LCPA 2022-0015"
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 3

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EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 214-150-08-00 p R-23/P

8. 214-150-20-00 p R-23/P
Exhibit "GPA 2022-0001/LCPA 2022-0015"

Site 17-NCTD POINTSETTIA COASTER STATION
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 3

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EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 216-010-01-00 GC R-23
B. 216-010-02-00 GC R-23
C. 216-010-03-00 GC R-23
D. 216-010-04-00 GC R-23
E. 216-010-05-00 GC R-23
Exhibit "GPA 2022-0001/LCPA 2022-0015"
Site 18 - NORTH PONTO PARCELS
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 3

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J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site19_GPLU.mxd Site 19 -- La Costa Glen/Forum
October 18, 2023
Exhibit "GPA 2022-0001/LCPA 2022-0015"
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 3

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J:\Requests2025Forward\ComDev\Planning\RITM0044912_25\Site1_Zoning.mxd Site 1 -- North County Plaza
October 18, 2023
Exhibit "ZC 2022-0001/LCPA 2022-0015"
Exhibit 4 – Proposed Zoning Map Changes
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 4

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Zoning Map Designation Change
Property APN From: To:

A. 210-090-24-00 P-M RD-M

EXISTING

PROPOSED
Exhibit “ZC 2022-0001/LCPA 2022-0015”
Site 5 – AVENIDA ENCINAS CAR STORAGE LOT
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 4

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit “ZC 2022-0001/LCPA 2022-0015”
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

EXISTING
!PROPOSED
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 4

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit “ZC 2022-0001/LCPA 2022-0015”
Site 16 – CALTRANS MAINTENACE STATION AND PACIFIC SALES Zoning Map Designation Change
Property APN From: To:

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B. 221-050-09-00 C-2 RD-M
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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit “ZC 2022-0001/LCPA 2022-0015”
Site 17 – NCTD POINTSETTIA COASTER STATION
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Property APN From: To:

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California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 4

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit “ZC 2022-0001/LCPA 2022-0015”
Site 18 – NORTH PONTO PARCELS
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Page 1 ends

Buena Vista Creek Channel Maintenance District Praject
Biological Resources Map With Proposed Maintenance {2024-2028) Exhibit 5 – Previous Vegetation Mapping
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 5

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Vegetation Communities within the Biological Study Area Poinsettia Station Improvements Project
Figure 4
Sheet 1 of 3
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Merkel & Associates, Inc.

Biological Study Area
Permanent Impact Area
Temporary Impact Area
Vegetation Community/Land Use
Baccharis Scrub
Bare Ground
Buckwheat Scrub
Coastal Sage Scrub
Developed
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LCP-6-CAR-24-0013-1
Exhibit 5

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Vegetation Communities within the Biological Study Area Poinsettia Station Improvements Project
Figure 4
Sheet 2 of 3
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Merkel & Associates, Inc.

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Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B RESOLUTION NO. 2024-015

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

CALIFORNIA, APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE AND COMMUNITY DESIGN ELEMENT, LAND USE MAP (MAP 1, WITH SITES 8 AND 15 REMOVED), PUBLIC SAFETY ELEMENT, AND THE LOCAL COASTAL

PROGRAM TO IMPLEMENT OBJECTIVES B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 (PROVIDE ADEQUATE SITES TO ACCOMMODATE THE RHNA), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE

HOUSING)
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 objectives b, c and d of Housing Element Program 1.1 (Provide Adequate Sites to Accommodate the RHNA), implement objective b of Housing Element Program 1.3 (Alternative Housing), and comply with state law, the City Planner has prepared amendments to the General Plan Land Use and Community Design Element, Land Use Map and Public Safety Element (GPA 2022-0001), and to the Local Coastal Program Land Use Plan and Land Use Map (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, to meet said Housing Element objectives, the city evaluated 18 sites, including for rezoning, to accommodate residential or increased residential units/density: and WHEREAS, on February 15, 2022, staff presented the results of a community engagement effort to the City Council, and the City Council selected two rezone map options (Map 1 and Map 2) and directed staff to proceed with a complete environmental review of rezoning of the sites; and WHEREAS, amendments to the Land Use and Community Design Element (GPA 2022-0001) are shown on Attachment A attached hereto; amendments to the General Plan Land Use Map and Local Coastal Program Land Use Map (GPA 2022-0001/LCPA 2022-0015) are shown on Attachment B Exhibit 6 – City Council Resolution No. 2024-015
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 1 of 12 ends

Dec. 2, 2025
Item #6 Page 122 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B attached hereto; and amendments to the Public Safety Element (GPA 2022-0001) are shown on Attachment C attached hereto; and amendments to the Local Coastal Program Land Use Plan are shown on Attachment D attached hereto; and
WHEREAS, on October 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider GPA 2022-0001 and LCPA 2022-0015; and WHEREAS the Planning Commission adopted Planning Commission Resolutions No. 7498 and 7499 recommending that the City Council approve GPA 2022-0001 and LCPA 2022-0015; and WHEREAS, as required by state law, the state Board of Forestry and Fire Protection on December 13, 2023, found the draft Public Safety Element contained the information required to meet the fire safety planning requirements outlined in Government Code Section 65302; 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 are conditionally consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and
WHEREAS, on January 30, 2024, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider GPA 2022-0001 and 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 GPA 2022-0001 and LCPA 2022-0015.

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

1. 2.

3. That the above recitations are true and correct.

The findings of the Planning Commission contained in Planning Commission Resolutions No. 7498 and 7499, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council.

The Map 1 option, with sites 8 and 15 removed, is the preferred option to meet the objectives of the Housing Element.

4. The amendments to the General Plan Land Use and Community Design Element (Attachment A, attached hereto), General Plan Land Use Map and Local Coastal Program California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

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Dec. 2, 2025
Item #6 Page 123 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Land Use Map for Map 1 (Attachment B, attached hereto), General Plan Public Safety Element (Attachment C, attached hereto), and Local Coastal Program Land Use Plan (Attachment D, attached hereto), are approved.

5. Staff is authorized to submit the following to the California Coastal Commission for certification: the Local Coastal Program Land Use Plan and Land Use Map amendments approved by this resolution.

6. The approved Local Coastal Program Land Use Plan and Land Use Map shall not become effective until approved and certified by the California Coastal Commission.

7. This action is final on the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial.

Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day followil)g the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.

California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

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Dec. 2, 2025
Item #6 Page 124 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of January, 2024, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

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

None.

KEITH BLACKBURN, Mayor
�
SHERRY FREISINGER, City Clerk
(SEAL)
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 4 of 12 ends

Dec. 2, 2025
Item #6 Page 125 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit "GPA 2022-0001/LCPA 2022-0015"
OS
OS
October 18, 2023
Site 1-NORTH COUNTY PLAZA

OCEANSIDE
Site 1
RIOS

EXISTING

OCEANSIDE
R/R-40/OS
Site 1

PROPOSED
RIOS
OS
OS
General Plan Map Designation Change
Property APN From: To:

A. 156-301-16-00 R/OS R/R-40/OS
Attachment B
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 5 of 12 ends

Dec. 2, 2025
Item #6 Page 126 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit "GPA 2022-0001/LCPA 2022-0015"
October 18, 2023
Site 5-AVENIDA ENCINAS CAR STORAGE LOT
VJCIOS

EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 210-090-24-00 Pl R-30
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 6 of 12 ends

Dec. 2, 2025
Item #6 Page 127 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit "GPA 2022-0001/LCPA 2022-0015"
October 18, 2023
Site 6 - CROSSINGS GOLF COURSE LOT 5

EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 212-270-05-00 Pl/O R-30
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 7 of 12 ends

Dec. 2, 2025
Item #6 Page 128 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit "GPA 2022-0001/LCPA 2022-0015"
October 18, 2023
Site 16-CALTRANS MAINTENACE STATION AND PACIFIC SALES
RIOS
RIOS

EXISTING
RIOS

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 211-050-08-00 p R-30
B. 221-050-09-00 GC R-30
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 8 of 12 ends

Dec. 2, 2025
Item #6 Page 129 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit "GPA 2022-0001/LCPA 2022-0015"
October 18, 2023
Site 17-NCTD POINTSETTIA COASTER STATION

EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 214-150-08-00 p R-23/P

8. 214-150-20-00 p R-23/P
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 9 of 12 ends

Dec. 2, 2025
Item #6 Page 130 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit "GPA 2022-0001/LCPA 2022-0015"
October 18, 2023
Site 18 - NORTH PONTO PARCELS

EXISTING

PROPOSED
General Plan Map Designation Change
Property APN From: To:

A. 216-010-01-00 GC R-23
B. 216-010-02-00 GC R-23
C. 216-010-03-00 GC R-23
D. 216-010-04-00 GC R-23
E. 216-010-05-00 GC R-23
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 10 of 12 ends

Dec. 2, 2025
Item #6 Page 131 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Exhibit "GPA 2022-0001/LCPA 2022-0015"
October 18, 2023
Site 19 - LA COSTA GLEN/FORUM
I
I
I
I
I
I
I
I
I
I
I
I I
I
I I
I
I I
I
I
OS
�Site 1
�
OS OS
I I
\ ieNCINITAS
-- ' �-------------�
I
I
I
I I
I
I
I
I OS
I I
cn I
��z I
- I
0 I
ffi \ OS' I
I
' \
I • --

EXISTING
' • '

PROPOSED

ENCINITAS
General Plan Map Designation Change
Property APN From:

A. 255-012-05-00 R/O5
OS
To:

R-23/O5
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 11 of 12 ends

Dec. 2, 2025
Item #6 Page 132 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B Attachment D
LCPA 2022-0015

HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE

LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT
Section B. 1. (3) (b) of the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program land use plan is amended to read as follows:
(b) Upland (approximately 240 acres) is designated for a combination of Residential (R-15 – 11.5-15 du/ac and R -23 – 19-23 du/ac ), Regional Commercial ( R), and Open Space uses. The maximum height of new development shall be limited to 35 feet consistent with the Carlsbad Municipal Code. Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real. Ap proval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors.

Development of the entire 280 acres of Green Valley shall be pursuant to a Master Plan which is consistent with the uses allowed by the Ca rlsbad General Plan.

Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 6

Page 12 of 12 ends

Dec. 2, 2025
Item #6 Page 133 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B ORDINANCE NO. CS-465

AN ORDI

NANCE 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/ZC 2022-0001/L CPA 2022-0015 (PUB 2022- 0010)
WHERE
AS, 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 7 – City Council Ordinances Nos. CS-465 and CS-466 California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 1 of 37 ends

Dec. 2, 2025
Item #6 Page 134 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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 Inte
nt 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 Sec
tion 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 Inte
nt and Purpose.

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

California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 2 of 37 ends

Dec. 2, 2025
Item #6 Page 135 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

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 t
he 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. Housing
developments that contain a minimum of 20 percent affordability to lower -income house
holds 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.

California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 3 of 37 ends

Dec. 2, 2025
Item #6 Page 136 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

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

21.24.030 Bui
lding 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 Sec
tion 21.24.040 of the Carlsbad Municipal Code is amended to read as follows:

21.24.040 Fro
nt 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 S
ection 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 Sec
tion 21.24.080 of the Carlsbad Municipal Code is amended to read as follows:

21.24.080 Yar
ds—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)
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

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Dec. 2, 2025
Item #6 Page 137 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

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 Tab
le 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 exist
ing 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.

California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

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Dec. 2, 2025
Item #6 Page 138 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B (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 i mplements the R-15 land use designation. (7) Permitted when the R-P zone i mplements 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 th
e 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 California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

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Dec. 2, 2025
Item #6 Page 139 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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 t
he 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)
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 7 of 37 ends

Dec. 2, 2025
Item #6 Page 140 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 8 of 37 ends

Dec. 2, 2025
Item #6 Page 141 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

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Dec. 2, 2025
Item #6 Page 142 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 10 of 37 ends

Dec. 2, 2025
Item #6 Page 143 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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 Se
ction 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 Gr
owth 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 n
ew Section 21.90.200 of the Carlsbad Municipal Code, is added to read as follows:

21.90.200 St
ate 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.

California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 11 of 37 ends

Dec. 2, 2025
Item #6 Page 144 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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)
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 12 of 37 ends

Dec. 2, 2025
Item #6 Page 145 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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

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

EXISTING

PROPOSED
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 13 of 37 ends

Dec. 2, 2025
Item #6 Page 146 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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

EXISTING

PROPOSED
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 14 of 37 ends

Dec. 2, 2025
Item #6 Page 147 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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

EXISTING
!PROPOSED
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 15 of 37 ends

Dec. 2, 2025
Item #6 Page 148 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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
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(J)
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EXISTING

PROPOSED
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 16 of 37 ends

Dec. 2, 2025
Item #6 Page 149 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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

PROPOSED
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 17 of 37 ends

Dec. 2, 2025
Item #6 Page 150 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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
()
"
e . (t
~
0 z
% a
t>
0 ;o
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es
P-0

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

PROPOSED
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 18 of 37 ends

Dec. 2, 2025
Item #6 Page 151 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B ORDINANCE NO. CS-466

AN ORDINA

NCE 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: AMEND 2023-0008/ AMEND 2023 -0009/AMEND 2023 - 0010/AMEND 2023- 0011/AMEND 2023- 0012/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 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
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 19 of 37 ends

Dec. 2, 2025
Item #6 Page 152 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B WHEREAS the Planning Commission adopted Planning Commission Resolution 7499 reco
mmending 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 Ai rport 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.

EFFECTI
VE 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 California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 20 of 37 ends

Dec. 2, 2025
Item #6 Page 153 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B 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)
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 21 of 37 ends

Dec. 2, 2025
Item #6 Page 154 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

42. Green Valley Master Plan Figure I-5 is amended to read as follows:

Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 22 of 37 ends

Dec. 2, 2025
Item #6 Page 155 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

43. Green Valley Master Plan Figure I-6 is amended to read as follows:

Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 23 of 37 ends

Dec. 2, 2025
Item #6 Page 156 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

44. Green Valley Master Plan Table I-1 is amended to read as follows:

45. The “Planning Area 2” subsection of Green Valley Master Plan Section I.C is amended to read as follows:

Planning Area 2 - Retail Center & R-23 (Residential 19 – 23 du/ac) The Planning Area 2 is located in the south part of the disturbed portion of Green Valley, west of Planning Area 1. There are approximately 18.3 NDA (net developable acres) designated for commercial uses on the southeast side of Calle Barcelona, and approximately 4 NDA designated for residential uses (19 -23 du/ac) on the west side of Calle Barcelona. The planning area extends from the residential area north of Calle Barcelona to the southerly property boundary. Planning Area 2 consists of a retail center and residential area. A total of up to 300,000 square feet of commercial development may be allowed in Planning Area 2 , subject to approval of a Site Development Plan. Approximately 76 dwelling units may be permitted, subject to a site development plan or planned development permit.

Included in LCPA
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 24 of 37 ends

Dec. 2, 2025
Item #6 Page 157 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

46. Green Valley Master Plan Section II.B is amended to read as follows:

B. GENERAL PLAN
A General Plan is a regulatory instrument by which the general type, location, and intensity of land use is established within a city or county in order to ensure the best possible environment for the citizens and workers in that area. The project site is designated in the Carlsbad General Plan land Use Element and land Use Map as Regional Commercial (R), R-15 (Residential 11.5-15 du/ac), R-23 (Residential 19-23 du/ac), and Open Space (OS) (see Figure 11-1).

The R-15 and R-23 residential designations provide for residential development at a density of 11.5-15 (R-15) and 19-23 (R-23) dwelling units per developable acre. R-15 and R-23 residential areas are typically characterized by condominium or apartment developments.

The project site is bordered on two sides by Circulation Element Roads. El Camino Real, which serves as the project's eastern boundary, is designated as a prime arterial, which at ultimate buildout is intended to have six travel lanes and a median divider within a 1 26 -foot right-of way. la Costa Avenue to the north is designated as a major arterial in the vicinity of the project site. A major arterial has four travel lanes and a median divider within a 102-foot right of-way. Driveway access from private property to prime arterials and major arterials is prohibited.

An extension of Leucadia Boulevard from Sidonia Street to El Camino Real is also indicated on the Carlsbad General Plan map, even though it is within the City of Encinitas. This roadway, to be located imm ediately south of Green Valley, will connect to El Camino Real at Olivenhain Road. Leucadia Boulevard is listed as a major arterial in both the Encinitas and Carlsbad General Plans with an ultimate width of four lanes.

El Camino Real is designated as a Co mmunity Theme Corridor in the Scenic Highways Element of the Carlsbad General Plan. Scenic corridors are those roadways which have been identified as having significant scenic or historical value. It is the intent of the Element ultimately protect and en hance identified scenic areas by the use of Specific Plans or overlay ordinances which may regulate site design, building massing and heights, landscaping, signage, etc.

Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

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Dec. 2, 2025
Item #6 Page 158 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

47. Green Valley Master Plan Figure II-1 is amended to read as follows:

1. Figure II-1 is amended as follows:

Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 26 of 37 ends

Dec. 2, 2025
Item #6 Page 159 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

48. The “Residential” land uses subsection of Green Valley Master Plan Section II.F is amended to read as follows:

Residential
Approximately 4 net developable acres in Planning Area 2 are designated for multi-family residential uses at a density of 19 – 23 dwelling units per acre, which may include condominiums or apartments. Approximately 55.8 net developable acres in Planning Area 3 are designated for residential uses at a density of 11.5 – 15 dwelling units per acre, which may include single-family detached, townhomes, garden or patio residential units. Planning Area 2 is located west of the retail center and Planning area 3 is located to the west of Street “A” and north of the retail center.

49. At the end of Green Valley Master Plan Section II.F, the following paragraph is added to read as follows:

To implement the 2021-2029 Housing Element Program 1.1, the development program was revised in 2024 to add residential use (approximately 76 units) at a density of 19-23 dwelling units per acre on a portion of Planning Area 2.

50. Green Valley Master Plan Table II-2 is amended to read as follows:

Included in LCPA
Included in LCPA
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 27 of 37 ends

Dec. 2, 2025
Item #6 Page 160 of 172
Docusign Envelope ID: 6E8492A2-BED0-4541-926B-F062F9B0B53B

51. The “Residential Land Use” and “Affordable Housing” subsections of Green Valley Master Plan Section II.H are amended to read as follows:

Residential Land Use- Based on the General Plan residential density ranges for R-15 (11.5 – 15 du/ac) and R-23 (19 – 23 du/ac), the estimated potential number of dwelling units for the residential areas is shown on Table 11 -2, exclusive of any future density bonus under state law and/or chapter 21.86 of the Carlsbad Municipal Code.

Affordable Housing - The City of Carlsbad requires that all master plans and specific plans with residential units provide a minimum number of dwelling units affordable by lower -income households. The lnclusionary Housing section of the Carlsbad Municipal Code (Chapter 21.85) requires a minimum of 15% of all approved dwelling units be low-income housing. For those developments which provide 10 or more low-income units, at least 10% of those units should have three or more bedrooms. Therefore, as an example, if a total of 400 residential units is approved in Planning Area 3, 15% of those, or 60 residential units, are required to be available to low-income households. In addition, of those 60 low-income units, 10% of those, or 6 units, should have three or more bedrooms. ("Low income" is defined as those households whose gross income is more than 50% but does not exceed 80% of the median income for San Diego County.) Based on a housing agreement to be approved by the City of Carlsbad, there is a possibility of providing the affordable housing off-site if all the criteria are met.

On the residentially designated portion of Planning Area 2, residential development (rental or for-sale) shall enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20% of the total housing units on the site of the residential development as affordable to lower income households at 80% or below the San Diego County Area Median Income. This affordable housing requirement may also be satisfied by the following alternatives (at the sole discretion of the City of Carlsbad and following completi on of an alternate public benefit analysis):
• At least 15% of the total housing units shall be affordable to low -income households and an additional 10% shall be affor dable to moderate-income households; or • At least 15% of the total housing units shall be affordable to very low -income households.

52. The “General Plan” subsection of Green Valley Master Plan Section VI-B is amended to read as follows:

General Plan: OS
Included in LCPA
Included in LCPA
California Coastal Commission
LCP-6-CAR-24-0013-1
Exhibit 7

Page 28 of 37 ends

Carlsbad City CouncilDecember 2, 2025

Carlsbad City Council
December 2, 2025