HomeMy WebLinkAboutEA 2021-0014; CARLSBAD BOULEVARDAT ENCINAS CREEK CMP REPLACEMENT PROJECT - CIP 6607; Admin Decision LetterMemorandum
May 5, 2021
To:
From:
Jason Evans, Associate Engineer
Christina M. Bustamante, Associate Planner
Eric Lardy, Principal Planner
{cityot
Carlsbad
8FILE COPY
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Re: EA 2021-0014 (PUB 2021-0007)-Carlsbad Boulevard at Encinas Creek CMP
Replacement Project-CIP 6607
Thank you for submitting an Early Assessment for replacement and improvements to an existing
corrugated metal pipe storm drain system with. reinforced concrete pipe system on both sides of
northbound Carlsbad Boulevard near Encinas Creek. The project would collect road runoff and convey it
downslope on the east side of the boulevard and toward the creek.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of an Early Assessment is to provide you with direction and comments on the overall concept
of your project. This Early Assessment does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans. policies •. and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal. new plans. policies. and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
Land Use Consistency
1. Carlsbad Boulevard at Encinas Creek, near APN 2140101400
The project area is entirely within existing right of way, as such it is not within a zone or General
Plan designation. It also does not have a Local Coastal Plan la_nd use designation, but it is within
the Coastal Zone. The project is near Oust west of) a parcel with an Open Space zone and General
Plan land use designation that encompasses the adjacent portion of Encinas Creek. It is south of
the Solarmar Homeowners Association and within the South Beach neighborhood.
Discretionary Permits
1. Repair and maintenance of city facilities is sometimes exempt from a Coastal Development Permit
pursuant to the Coastal Commission's 1978 "Repair, maintenance and utility hook-up exclusions
from permit requirements" guidelines, which are available at,
( https :// docu m ents.coa sta I .ca .gov/ assets/lega I/ excl usions-1978. pdf), and Municipal Code
Section 21.201.070. However, based on the guidelines and the city's code, staff believes the
proposed replacement project will require a CDP issued by the Planning Commission for the
following reasons:
Community Development Department
Planning Division
1635 Farad~y Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
a. Pursuant to CMC Section 21.201.070, "any repair or maintenance to facilities or structures
or work located ... within 20 feet of coastal waters or streams" that includes the presence
of mechanized equipment or construction materials and placement of materials such as
rip-rap require a Coastal Development Permit. A staff report involving the extension of
culverts on the Coastal Commission's website gives some insight as to what a "coastal
stream" could be: "No wetland plants or soils indicators are present at these culverts and
these areas are not Coastal Act wetlands, but as they are ephemeral drainage courses
that convey water during and after storm events, they do qualify as coastal streams under
Coastal Act Section 30231." The report is available at
https://documents.coastal.ca .gov/reports/2012/8/FSa-8-2012.pdf; see page 7.
b. Section I of the guidelines indicates a CDP is not required for repair or maintenance
activities that do not add to, enlarge, or expand the subject facility. However, the proposal
would install facilities that currently do not exist and in locations where they currently do
not exist. These facilities include a new pipe under Carlsbad Boulevard, a new pipe
extending east of the road and beyond the existing pipe, and a new storm drain headwall
and dissipater at the end of the new pipe.
c. Installation of minor drainage facilities for preservation of the roadway or adjacent
properties is exempt from a CDP, but not if it involves fill or excavation outside the
roadway prism (see Section II.A. of the Guidelines). The new pipe east of the boulevard
would be installed via excavation of a new trench.
d. The project has a valuation of at least $60,000, which means it is not eligible for a minor
(staff-approved) CDP based on CMC 21.201.080 C.
2. The site is not located within or adjacent to a Habitat Management Plan boundary, and the project
would disturb only ornamental vegetation, according to a March 3, 2021, Biological Resources
Summary Letter prepared by LSA. Therefore, an HMP permit will not be required, unless there is
a disturbance of environmental resources such as impacts to wildlife or native vegetation. The
city's Habitat Management Plan is available at
https:ljwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD-27193
3. It appears the project would be constructed on a gradient of at least 15 percent and a height of
more than 15-feet. While these are thresholds that can trigger a requirement for a Hillside
Development Permit, the project is exempt from an HDP according to CMC Section 21.95.040 A.3,
the development (trenching, utility construction and backfilling) of underground utility systems.
However, based on Section 21.95.040 B., the project must still comply with Section 21.95.140 and
the city's hillside development guidelines.
Environmental Review and Studies
1. The project proposes repair of an existing deteriorated or damaged public structure to meet
current standards of public health and safety and involves negligible expansion of the existing use.
Therefore, this project qualifies for a categorical exemption per CEQA guidelines Section 15301
(d)-"Existing Facilities" and none of the exceptions described in CEQA guidelines Section 15300.2
apply to this project. This exemption is only applicable if there are no significant impacts to
environmental resources such as vegetation or wildlife.
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2. The Biological Resources Summary Letter notes the gnatcatcher has a moderate potential to occur
near the project. If construction is contemplated during the bird breeding season (generally March
to September), please consultant a biologist for any necessary construction restrictions.
All necessary application forms and submittal requirements are available at the Planning counter located
in the Faraday Building at 1635 Faraday Avenue or online at http://www.carlsbadca.gov. You may also
access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown;
select Department Listing; select Planning Home Page. Please review all information carefully before
submitting.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Christina Bustamante, at ext. 4644.
CB:mf
c: Don Neu, City Planner
Scott Donnell, Senior Planner
Christina Bustamante, Associate Planner
Tim Carroll, Senior Engineer
HPRM/File Copy
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