HomeMy WebLinkAbout2026-03-18; Planning Commission; Resolution 7573A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL
DEVELOPMENT PERMIT, HABITAT MANAGEMENT PLAN PERMIT,
HILLSIDE DEVELOPMENT PERMIT, SPECIAL USE PERMIT (FLOODPLAIN),
AND SPECIAL USE PERMIT (EL CAMINO REAL CORRIDOR DEVELOPMENT
STANDARDS) AND A WAIVER OF GENERAL PLAN OPEN SPACE POLICY 4-
P.6 FOR THE CONSTRUCTION OF ROADWAY, BIKEWAY, AND PEDESTRIAN
IMPROVEMENTS ALONG AN APPROXIMATELY 0.80 MILE SEGMENT OF EL
CAMINO REAL FROM ARENAL ROAD TO LA COSTA AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONES 6, 19 AND 23.
CASE NAME: EL CAMINO REAL WIDENING PROJECT, ARENAL ROAD TO
LA COSTA AVE
CASE NO: CDP2022-0030,HMP2022-0004,HDP2022-0001,
SUP2022-0003, SUP2022-0004 (PUB 2021-0012)
WHEREAS, City of Carlsbad, “Developer,” has filed a verified application to propose roadway,
bikeway and pedestrian improvements in the right-of-way of El Camino Real and a portion of adjacent
property identified by Assessor’s Parcel Numbers 216-121-15, 216-121-16, 216-121-19 and 216-580-01,
216-593-10, and 216-590-22 (“the Property”); and
WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No.
2025100975) was prepared in conjunction with said project, reviewed and adopted consistent with the
findings in the Planning Commission Resolution; and
WHEREAS, the IS/MND and Mitigation Monitoring and Reporting Program are incorporated
herein by reference as Attachment “A” of Planning Commission Resolution No. 7572 and on file in the
Carlsbad Planning Division; and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit and
Habitat Management Plan Permit as shown on Exhibits “A” – “DDDDD”dated March 18, 2026, on file in
the Carlsbad Planning Division, CDP2022-0030, HMP2022-0004, HDP2022-0001, SUP2022-0003,
SUP2022-0004 –EL CAMINO REAL WIDENINGPROJECT,ARENAL ROAD TO LA COSTA AVE, as provided in
chapters 21.201, 21.210, 21.95, 21.110 and 21.40 of the Carlsbad Municipal Code; and
PLANNING COMMISSION RESOLUTION NO. 7573
WHEREAS, the Planning Commission did, on March 18, 2026, hold a duly noticed public hearing
as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to CDP2022-0030,
HMP2022-0004, HDP2022-0001, SUP2022-0003, SUP2022-0004.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CDP2022-0030, HMP2022-0004, HDP2022-0001,
SUP2022-0003, SUP2022-0004 AND A WAIVER OF GENERAL PLAN OPEN SPACE POLICY
4-P.6 – EL CAMINO REAL WIDENING PROJECT, ARENAL ROAD TO LA COSTA AVE, based
on the following findings and subject to the following conditions:
Findings:
Coastal Development Permit CDP 2022-0030
1. That the proposed development is in conformance with the Mello II segment and East Batiquitos
Lagoon/Hunt Properties segment of the Certified Local Coastal Program and applicable policies
as the following demonstrates:
a. The project is consistent with Local Coastal Program land use policies, which identify
the project area as either right of way or Open Space (OS).
b. The project will not convert agricultural land or impact agricultural activities.
c. The project is not in an area of known geological instability and impacts to the
floodplain are limited to minor grading that will not exacerbate flooding concerns.
d. The project will not disrupt areas of Environmentally Sensitive Habitat Area (ESHA).
Moreover, indirect impacts to ESHA will be avoided through compliance with the
Habitat Management Plan Adjacency Standards.
e. The project is consistent with the city’s Scenic Corridor Guidelines, will not create a new
source of substantial light or glare and will improve the overall visual quality of the area.
The project features pedestrian overlooks to provide enhanced lagoon-viewing
opportunities, low-profile, “see through” fencing to minimize visual impacts, and will
install five new light posts with lighting that matches the existing mission bell light posts
along El Camino Real.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project will enhance public access and recreation overall with street
improvements benefiting all modes of transportation through improvements such as an
additional vehicular travel lane, additional street lights, a new bus shelter with solar lighting,
curb gutter and sidewalks, and two pedestrian bridges. Further,
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. The site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction. The project will comply with the Habitat
Management Plan, including those conservation standards that apply to properties in the
Coastal Zone.
4. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance)
Habitat Management Plan Permit HMP 2022-0004
5. That the project area is shown in the Habitat Management Plan (HMP) as “development area”
and “existing hardline.” The project would permanently remove 0.201 acre of hardline preserve
area (consisting mostly of coastal sage scrub but also developed land cover) and replace it with
at least 0.201 acre of coastal sage scrub on city-owned Crossings Golf Course property that is
already designated Open Space. As the Habitat Management Plan requires, the replacement
hardline area will be located adjacent to existing hardline (city-owned Crossings Golf Course
property) and placed under long-term management.
Municipal Code Section 21.210.080 A.1 states minor changes to the boundary of proposed
hardline preserve areas or other HMP maps which do not reduce the acreage or quality of
habitat are considered “minor amendments” to the HMP and can be approved by the city with
equivalency findings. The project removal of 0.201 acre of hardline preserve is considered a
Habitat Management Plan Minor Amendment.
Section 21.210.080 A.1 also states the city shall provide written notice of the proposed minor
boundary change to the wildlife agencies (i.e., United States Fish and Wildlife Service and
California Department of Fish and Wildlife), and unless the agencies object within thirty days of
notification, the boundary change will be considered automatically approved.
On March 18, 2025, the city submitted a request to the wildlife agencies for concurrence on the
boundary adjustment through an Equivalency Finding (or Habitat Management Plan Minor
Amendment). As neither agency objected, the boundary adjustment is automatically approved.
6. That authorization to temporarily impact 0.027 acre of southern coastal salt marsh – non-tidal,
.001 acre of coastal brackish marsh, 0.010 acre of nonnative riparian, and 0.001 acre of
disturbed habitat is subject to continuous compliance with all provisions of the HMP.
7. That authorization to permanently impact 0.407 acre of coastal sage scrub is subject to
continuous compliance with all provisions of the HMP.
8. That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures in the Mitigation Monitoring and Reporting Program for CDP2022-0030,
HMP2022-0004, HDP2022-0001, SUP2022-0003, SUP2022-0004 – EL CAMINO REAL WIDENING
PROJECT, ARENAL ROAD TO LA COSTA AVE.
9. That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
10. That all impacts to habitat will be incidental to otherwise lawful activities related to construction
and operation of the CDP2022-0030, HMP2022-0004, HDP2022-0001, SUP2022-0003, SUP2022-
0004 – EL CAMINO REAL WIDENING PROJECT, ARENAL ROAD TO LA COSTA AVE.
11. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the
project has been designed to minimize direct and indirect impacts to sensitive plant and animal
species by:
a. Requiring temporary impacts to vegetation within the existing hardline conservation area
during construction to be implemented consistent with the HMP, as applicable, and
restored to preconstruction conditions after project implementation.
b. Mitigating impacts to coastal sage scrub at a 2:1 ratio, which includes a 1:1 creation or
substantial restoration component to ensure no net loss of the habitat type in the Coastal
Zone.
c. Requiring project implementation to occur outside the breeding season, if feasible
(February 15 through September 15); for the coastal California gnatcatcher, clearing and
grubbing of coastal sage scrub shall not be conducted from March 1 through August 15
d. Implementing current construction best management practices (BMPs) to control indirect
impacts (e.g. dust, erosion) to vegetation communities
e. Revegetating areas of temporary disturbance with native vegetation
f. Adhering to the HMP’s Adjacency Standards, which include landscaping restrictions such
as controlling the use of exotic species by prohibiting use of nonnative, invasive plants
alongside the preserve. Accordingly, the project will not introduce nonnative and invasive
plant species and instead features a native plant palette with Diegan Coastal Sage Scrub,
Southern Coastal Sage Scrub, and Southern Coastal Salt Marsh species. Further, a
biological mitigation measure ensures the introduction of invasive species to the site
will be minimized during construction.
g. Designing pedestrian bridges that span the creek to avoid jurisdictional resources.
h. Installing complete pedestrian facilities on either side of the roadway, creating designated
pathways for recreational use thereby minimizing user generated trails and associated
edge effect impacts in the right-of-way adjacent to Batiquitos Lagoon.
12. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
13. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
14. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space, Conservation, and Recreation Element of the
city’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats.
Hillside Development Permit HDP2022-0001
15. That hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages as shown on the “El Camino Real Hillside
Analysis” that is part of Exhibits “A” – “DDDDD” dated March 18, 2026.
16. That undevelopable areas of the project pursuant to Carlsbad Municipal Code Section 21.53.230,
i.e., slopes over 40%, have been properly identified on the constraints map as shown on the “El
Camino Real Hillside Analysis” that is part of Exhibits “A” – “DDDDD” dated March 18, 2026.
However, the project is not subject to this Municipal Code section as the section identifies lands
that are considered “undevelopable” for residential projects and are excluded from residential
density calculations.
17. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the project preserves the aesthetic qualities of the
existing slope along the west side of El Camino Real by proposing grading that features similar
contouring, gradients and elevations as the existing slope. Furthermore, the project complies
with the applicable policies of the General Plan Land Use and Community Design Element and
the Open Space, Conservation, and Recreation Element.
18. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that the project grading would result in contouring,
gradients and elevations similar to the existing slope along the west side of El Camino Real. The
project complies with the grading volume requirements and no modifications to hillside
standards are sought. Further, project landscaping complies with the city’s Landscape Manual.
19. That the project design and lot configuration minimize disturbance of hillside lands, in that the
project design minimizes grading limits to the greatest extent possible. Further, retaining walls
are proposed near the west pedestrian bridge to minimize impacts to jurisdictional waters and
wetlands.
Special Use Permit SUP2022-0003 (Floodplain)
20. The site is reasonably safe from flooding in that project street improvements, including vehicle
travel lanes, medians, sidewalks, pedestrian bridges, and landscaping are not within floodplain
boundaries. The pedestrian bridge decks would be located above the 100-year water surface
elevation and would be designed to not create water surface elevation increases. The proposed
pedestrian bridges would span the entire width of San Marcos Creek and would not alter or
relocate the existing watercourse.
21. The project has been designed to minimize the flood hazard to the habitable portions of the
structure in that the project does not propose any habitable structures as defined by the
Carlsbad Municipal Code.
22. The proposed project does not create a hazard for adjacent or upstream properties or structures
in that the project will not increase the 100-year water surface elevations and floodplain
boundaries, and velocities remain essentially unchanged upstream and downstream of the
project site. Therefore, no impacts to offsite properties upstream of the project are anticipated.
23. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the project will not increase the 100-year water
surface elevations, and floodplain boundaries and velocities remain essentially unchanged
upstream and downstream of the project site. Therefore, no impacts to offsite properties
upstream of the project are anticipated. Furthermore, this Project has storm drain
improvements that meet and/or exceed the City's drainage standard, which helps with
stormwater conveyance.
24. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-
year frequency in that the project produces no increase in the water surface elevation for the
100-year storm. The pedestrian bridge decks would be located above the 100-year water
surface elevation and would be designed to not create water surface elevation increases. The
proposed pedestrian bridges would span the entire width of San Marcos Creek and would not
alter or relocate the existing watercourse.
25. The proposed project taken together with all the other known, proposed, and anticipated projects
will not increase the water surface elevation of the base flood more than one foot at any point in
that the project will not increase the 100-year water surface elevations and floodplain
boundaries, and velocities remain essentially unchanged upstream and downstream of the
project site.
26. All other required state and federal permits have been or will be obtained as the project is
conditioned to comply with all local, state and federal laws and regulations.
Special Use Permit SUP2022-0004 (El Camino Real Corridor Development Standards)
27. A special use permit is required for development along El Camino Real as it is subject to the El
Camino Real Corridor Development Standards. The standards’ purpose is to preserve the scenic
qualities and maintain and enhance the appearance of the roadway through design concepts and
development standards. Per the standards, the project section of El Camino Real is part of Area
5, the southernmost section of the corridor extending from Cassia Road to Olivenhain Road at the
Carlsbad/Encinitas boundary. The corridor development standards identify this area as
dominated by the La Costa area and its various uses. Many of the standards discussed in the
regulations pertain to such details as signage, setback from roadway, and building height, which
do not apply to the proposed project. The project would incorporate other design features such
as sidewalks and enhanced landscaping and would not modify the existing identified design theme
of the area. Overall, the project would not conflict with the El Camino Real Corridor Development
Standards.
a. Project roadway widening is consistent with the city's General Plan which
prioritizes the expansion of El Camino Real as a vital arterial street with a goal of
six lanes at full build-out. El Camino Real between Arenal Road and La Costa
Avenue has long been identified for expansion, and the project will bring it in line
with the neighboring cross-sections.
b. The project conforms with the Mello II Segment and the East Batiquitos
Lagoon/Hunt Properties Segment of the Certified Local Coastal Program and all
applicable policies. The proposed project will not change current use or function
or result in incompatibilities with surrounding land use. It will improve public
access in the Coastal Zone as well as public viewing opportunities of the open
space resources adjacent to the proposed project, including Batiquitos Lagoon.
Project impacts to habitat will be mitigated and no permanent impacts to wetlands
and no net loss of habitat in the Coastal Zone will occur. The project will adhere to
the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP
Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid
increased urban runoff, pollutants, and soil erosion. The project complies with
Habitat Management Plan Adjacency Standards, which include landscaping
restrictions and will not introduce nonnative and invasive plant species.
Therefore, the proposed project would comply with policies outlined in the Mello
II and East Batiquitos Lagoon/Hunt Property segments of the Local Coastal
Program.
c. The project is consistent with the intent and purpose of the El Camino Corridor
Development Standards in that it would maintain an easily identifiable
homogenous corridor and would not detract from the existing identified
characteristics of Area 5 of the corridor standards. The proposed project includes
two viewing areas that would provide additional viewing opportunities of the
Batiquitos Lagoon and maintain the roadways characteristic expansive views. The
additional lane and added pedestrian facilities along the corridor would be similar
in appearance and structure to the existing facilities. Median tree planting with
Brisbane Box will be consistent with the corridor standards as well as existing
median tree planting in adjacent El Camino Real medians. Proposed architectural
treatments will also be compatible with existing aesthetics, and include a rock face
texture, which would preserve the existing design theme (Old California/Hispanic)
described in these standards. Fill slopes will not exceed 10 feet from the original
grade. The proposed project will not conflict with grading, building height, median,
or other requirements in the El Camino Corridor Development Standards.
d. The Project will not adversely affect the scenic, historical, or cultural qualities of
the property. The Project does not include street furniture, but it will improve an
existing uncovered bus stop with a modern, solar-lit shelter consistent with North
County Transit District standards, two pedestrian overlooks and low profile, “see
through” fencing. Additionally, the five new street light posts added will match the
existing mission bell light posts along El Camino Real.
General Plan Open Space Policy 4-P.6
28. General Plan Open Space Policy 4-P.6 states the following regarding boundary adjustment to an
open space area shown on the General Plan Land Use Map:
Require that adjustment of the boundaries of any open space area shown on the Land Use Map
be allowed only if all of the following criteria are met:
a. The proposed open space area is equal to or greater than the area depicted on the Land Use
Map.
b. The proposed open space area is of environmental quality equal to or greater than that
depicted on the Land Use Map.
c. The proposed open space is contiguous or within close proximity to open space shown on the
Land Use Map.
The City Council may also adjust the boundary of any open space area shown on the Land Use Map
if it finds that the adjustment is necessary to mitigate a sensitive environmental area that is
impacted by development, provided the open space boundary modification preserves open space
at a 2 to 1 ratio and is within close proximity to the original area of open space.
Additionally, the City Council may exempt public rights-of-way from the open space boundary
adjustment requirements. However, environmental analysis shall be performed for all proposed
public right-of-way improvements, and if determined that there are significant adverse impacts to
the value of the open space system, those impacts shall be mitigated.
The adjustment of open space boundaries shall not result in the exchange of environmentally
constrained lands that are designated open space on the Land Use Map for lands that are not
environmentally constrained.
This project is a public right-of-way improvement and, pursuant to the policy, is requesting an
exemption from the City Council for the open space boundary adjustment findings. To
accommodate the project, a total of 0.44 acre (19,225 square feet) of land designated Open
Space on the General Plan Land Use Map would be converted to public right-of-way. The
acreage that would be converted consists of a strip parallel and adjacent to the west side of El
Camino Real needed for street widening and improvements. The other area is on the east side
of the street adjacent to San Marcos Creek, where an adjustment is needed to accommodate
the proposed pedestrian bridge on this side of El Camino Real.
A detailed project environmental analysis was conducted. The project would not have
significant adverse impacts on the value of the open space system for the following reasons:
a. Project improvements would remove 0.201 acre of Habitat Management Plan existing
hardline preserve area, which is part of the open space system; however, there would
be no loss in the function or area of the hardline preserve as it would be replaced by
equivalent acreage on city-owned Crossings Golf Course property that is already
designated Open Space. As the Habitat Management Plan requires, the replacement
hardline area will be located adjacent to existing hardline preserve (city-owned
Crossings Golf Course property) and placed under long-term management.
b. Project mitigation would ensure consistency with the Habitat Management Plan and
the Local Coastal Program, including no net loss of sensitive habitat (coastal sage scrub)
in the Coastal Zone. The no net loss requirement for impacts to coastal sage scrub will
be met at the city-owned Crossings Golf Course property, which will include at least 1:1
coastal sage scrub in the form of creation or substantial restoration.
c. Project improvements would revegetate areas of temporary disturbance with native
vegetation and adhering to the HMPs’ adjacency standards
d. Project improvements would bring value to the city’s open space system by installing
complete pedestrian facilities on either side of the roadway, creating designated
pathways for recreational use and thereby minimizing user generated trails and
associated edge effect impacts in the right-of-way adjacent to Batiquitos Lagoon open
space.
e. Project overlooks proposed on the west side of El Camino Real would increase
enjoyment of Batiquitos Lagoon and its surrounding open space.
Therefore, the project meets the requirements for the City Council to exempt this project from
Open Space Policy 4-P.6.
General
29. The project, as conditioned herein, is in conformance with the General Plan, including its goals
and policies, as demonstrated below:
e. The project implements Land Use and Community Design Element Policy 2-P.48
(“Enhance walkability on a citywide scale by installing benches and transit shelters and
adding landscaping, wayfinding signage, public art, and pedestrian-scaled lighting.
Consider ways to improve rail and freeway overpass/underpass areas, with lighting,
sidewalk improvements and public art”) in that it improves an existing bus stop and the
access to it, enhances the project area with landscaping, provides sidewalks and
pedestrian bridges enabling continuous pedestrian access on both side of El Camino
Real between Arenal Road and La Costa Avenue, provides pedestrian viewing areas, and
features new street and pedestrian bridge lighting.
f. The project implements Mobility Element Goal 3-G.1 (“Keep Carlsbad moving with
livable streets that provide a safe, balanced, cost-effective, multi-modal transportation
system (vehicles, pedestrians, bikes, transit), accommodating the mobility needs of all
community members, including children, the elderly and the disabled”) in that project
would provide improvements to support pedestrian and bicycle transport for all
community members, including new street lighting, sidewalks and bicycle lanes.
Proposed facilities would be designed in accordance with applicable city standards and
to comply with Americans with Disabilities Act requirements and would improve a bus
stop and the access to it.
g. The project implements Mobility Element Policy 3-P.25 (“Implement the projects
recommended in the pedestrian, trails, and bicycle master plans through the city’s
capital improvement program, private development conditions and other appropriate
mechanisms”) in that it implements sidewalk improvements along the west side of El
Camino Real to enable a continuous pedestrian path between Arenal Road to La Costa
Avenue.
h. The project implements Open Space, Conservation, and Recreation Element Goal 4-G.3
(“Protect environmentally sensitive lands, wildlife habitats, and rate, threatened or
endangered plant and animal communities”) in that the project avoids and minimizes
impacts to sensitive habitat to the extent feasible; further, impacts to all sensitive
habitat and species would be fully mitigated with implementation of project-specific
biological measures.
i. The project implements Sustainability Element Goal 9-G.2 (“Undertake initiatives to
enhance sustainability by reducing the community’s GHG emissions and fostering green
development patterns—including buildings, sites, and landscapes”) by providing
uniform and complete bicycle and pedestrian access along the west side of El Camino
Real from Arenal Road to La Costa Avenue, all of which would reduce reliance on
motorized vehicles and in turn reduce regional greenhouse gas emissions.
30. The project is consistent with the city’s Sustainable Mobility Plan in that it improves pedestrian
and bicycle facilities which in turn promotes multi-modal transportation means along this
segment of roadway.
31. The project’s bikeway and pedestrian improvements provide opportunities for alternative
transportation, thus reducing reliance on automobiles and associated petroleum-based energy
resources and supporting policies and goals set forth in the Climate Action Plan.
32. The project is consistent with the Aviara Master Plan in that the minor, temporary
encroachments into the plan area (via temporary construction easements for grading) comply
with Open Space Zone standards, maintain a naturalized setting, are passive uses, and comply
with city grading requirements.
33. The project complies with the La Costa Resort and Spa Master Plan and the applicable standards
of Planning Area 7 of the master plan. The project is consistent with the planning area’s
designation of the project area for open space purposes. Further, while Planning Area 7
establishes design criteria and regulations to maximize views to and from Batiquitos Lagoon,
the project does not conflict with this criterion due to its use of open fencing and its location in
an isolated corner of the resort crossed by power lines and away from all resort attractions.
34. The project complies with La Costa Master Plan provisions requiring street lighting efficiency,
minimal grading consistent with city requirements, protection of Batiquitos Lagoon and natural
resources.
35. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plans for Zones 6, 19 and 23, and all other city public policies and ordinances.
36. The project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to commencement of
construction.
1. Approval is granted for CDP2022-0030, HMP2022-0004, HDP2022-0001, SUP2022-0003,
SUP2022-0004 – EL CAMINO REAL WIDENING PROJECT, ARENAL ROAD TO LA COSTA AVE as
shown on Exhibit 5 of the staff report for full-size Exhibits “A” – “DDDDD”, dated March 18, 2026,
and on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city’s approval of this CDP2022-0030, HMP2022-
0004, HDP2022-0001, SUP2022-0003, SUP2022-0004.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the CDP2022-0030, HMP2022-0004, HDP2022-0001, SUP2022-0003, SUP2022-
0004 documents, as necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to this
approval.
4. This approval shall become null and void if commencement of construction activities has not
begun for this project within 36 months from the date of project approval.
5. Developer shall obtain all required permits and approvals for all necessary right of way
acquisitions and temporary construction easements prior to commencement of construction.
6. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
7. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
8. Developer shall implement, or cause the implementation of, the CDP2022-0030, HMP2022-0004,
HDP2022-0001, SUP2022-0003, SUP2022-0004 – EL CAMINO REAL WIDENING PROJECT, ARENAL
ROAD TO LA COSTA AVE Mitigation Monitoring and Reporting Program provided as part of
Attachment “A” of Planning Commission Resolution No. 7572.
9. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly,
from (a) city’s approval and issuance of this CDP2022-0030, HMP2022-0004, HDP2022-0001,
SUP2022-0003, SUP2022-0004, (b) city’s approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the city’s approval is not validated.
10. Prior to submittal of the building plans, improvement plans, grading plans, whichever occurs first,
Developer shall submit to the City Planner, a 24" x 36" copy of the improvement plans reflecting
the conditions approved by the final decision-making body. The copy shall be submitted to the
City Planner, reviewed and, if found acceptable, signed by the city's project planner and project
engineer. If no changes were required, the approved exhibits shall fulfill this condition.
10. This project shall comply with all conditions and mitigation measures which are required as part
of the Local Facilities Management Plans for Zones 6, 19 and 23 and any amendments made to
the plans prior to the commencement of construction activities.
11. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued CDP2022-0030, HMP2022-0004, HDP2022-0001, SUP2022-
0003, SUP2022-0004 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of approval
as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
NOTICE TO DEVELOPER
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on March 18, 2026, by the following vote, to wit:
AYES: Hubinger, Merz, Fitzgerald, Burrows, Meenes
NAYES: Lafferty, Foster
ABSENT: No ne.
ABSTAIN: No ne.
_____
ROY MEENES, Chairperson
Carlsbad Planning Commission
ATTEST:
____________________________________
ERIC LARDY,
Assistant Director of Community Development