HomeMy WebLinkAbout2022-11-08; City Council; ; Zoning Changes to Allow for a Four-Unit Condominium Building and Detached Office Building at 2754 and 2770 Jefferson St. (GPA2021-0004, ZC2021-0003, CT2021-0001, PUD2021-CA Review __RK__
Meeting Date: Nov. 8, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Lauren Yzaguirre, Associate Planner
lauren.yzaguirre@carlsbadca.gov, 442-339-2634
Subject: Zoning Changes to Allow for a Four-Unit Condominium Building and
Detached Office Building at 2754 and 2770 Jefferson St. (GPA2021-0004,
ZC2021-0003, CT2021-0001, PUD2021-0004, PUD2022-0002, SDP2021-
0014, DEV2020-0116)
District: 1
Recommended Actions
1.Adopt a resolution adopting an addendum to the City of Carlsbad General Plan
environmental impact report, State Clearinghouse No. 2011011004 (EIR 13-02) (Exhibit
1), and approving a General Plan amendment to change the land use designation from
R-15, Residential (8-15 du/ac) to R-15/O, Residential/Office (8-15 du/ac) on the 2754
Jefferson Street property (APN 203-201-01-00) (Exhibit 1)
2.Introduce an ordinance approving a zone change to amend the zoning map from
Residential Density-Multiple Zone (RD-M) to Residential-Professional with a Qualified
Overlay Development Zone (R-P-Q) for 2754 Jefferson Street, a 0.16-acre property (APN
203-201-01-00) in Local Facilities Management Zone 1 (Exhibit 2)
3.Adopt a resolution approving a tentative tract map, planned development permit, non-
residential planned development permit and site development plan to allow the
construction of four residential condominium units and a detached office building on
the site (Exhibit 3)
Executive Summary
This is a request to demolish two single-family homes at 2754 and 2770 Jefferson Street, merge
the two lots and construct a three-story, four-unit condominium building, and a one-story
detached commercial office building.
The recommended action is to approve the project, which requires approval of a series of
discretionary development permits: a General Plan amendment, zone change, tentative tract
map, two planned development permits and a site development permit.
Nov. 8, 2022 Item #8 Page 1 of 150
Hold a public hearing and:
The project was reviewed and considered by the Planning Commission and found to be in
compliance with the city’s policies, standards, and processes outlined in the General Plan and
Municipal Code.
The project is before the City Council because the Carlsbad Municipal Code requires City
Council approval of General Plan amendments and zone changes. (Section 21.52.050.A)
Additionally, when a development permit requires a decision by the City Council, then all
concurrently processed development permits must also be considered and approved by the
City Council. (Section 21.54.040.C.3)
Discussion
Site description
The project site consists of two legal lots totaling 0.32 acres, located at 2754 and 2770 Jefferson
Street (Exhibit 4). The first address contains a two-bedroom, one bath single-family home while
the second address contains a three-bedroom, two bath single-family home. The parcels are
relatively flat with personal landscaping largely consisting of varying shrubs and trees. The
project site is bordered on three sides by existing multifamily homes and commercial uses to
the west.
The 2754 Jefferson Street property has a General Plan land use designation of R-15, Residential,
which allows eight-15 dwelling units per acre, and is zoned as Residential Density-Medium (RD-
M), while the 2770 Jefferson Street site has a land use designation of R-15/O,
Residential/Office, allowing 8-15 dwelling units per acre, and is zoned Residential-Professional
(R-P) with a Qualified Development Overlay (Q).
Project Description
The applicant proposes to demolish the existing two single-family homes, merge the two lots
into a single common interest lot, and construct two new detached structures: a four-unit
residential building and an office building.
Residential building
A 9,802-square-foot, three-story, four-unit residential attached condominium building
will be constructed near the northern portion of the property. The floor plans will vary
in size, from 1,905 to 2,076 square feet, with each unit to include three bedrooms,
three-and-one-half bathrooms, an enclosed two-car garage, balconies on the second
and third floors and rear yard areas on the ground floor. These private yards will range
in size from 352 to 860 square feet. A shared driveway from Jefferson Street will
provide access to the complex and two on-site visitor parking spaces will be provided.
The architectural design is characterized as a beach cottage design.
Commercial building
A two-story, 897-square-foot office building will be located near the front of the parcel,
facing Jefferson Street. The building will include three on-site parking spaces located to
the rear. The architectural design is also characterized as a beach cottage design.
The proposed lot would be held in common interest divided between the four residential
condominiums and the single office building. The common areas include, but are not limited to,
the private drive aisle and landscaped areas.
Nov. 8, 2022 Item #8 Page 2 of 150
Grading for the proposed project consists of 202 cubic yards of earth to be cut away, 80 cubic
yards to be filled and 122 cubic yards to be exported. Access to the site will be provided by a
single shared driveway and a drive aisle off Jefferson Street and into the site.
Given the mixed-use nature of the project, two planned development permits and a site
development plan are needed (PUD2021-0004, PUD2022-0002 and SDP2021-0014), as well as
approval of a tentative tract map (CT2021-0001) to create air-space condominium ownership.1
A General Plan amendment and zone change (GPA2021-0004 and ZC2021-0003) are also
required to make the land use designations consistent at both properties, which is necessary to
consolidate the lots and construct the project.
Planning Commission
The Planning Commission considered the proposed project at a public hearing on Aug. 17, 2022.
After questions and discussion, the Planning Commission voted to recommend approval of the
project (5-0-2, Chair Joseph Stine absent, Commissioner Roy Meenes abstaining). A complete
description of the project and staff analysis is included in the Planning Commission staff report
(Exhibit 5). The Planning Commission’s actions and decisions are included in the attached
minutes (Exhibit 7) and resolutions (Exhibits 7-9).
Options
Staff offer the following options for the City Council’s consideration:
1. Approve the proposed project, as recommended by the Planning Commission.
Pros
• Provides consistency of land uses between the two lots to allow the sites to be
consolidated and developed as one lot.
• Allows for the construction of additional housing.
• Increases the neighborhood walkability by providing commercial and residential
uses on one lot.
• Enhances the appearance of Jefferson Street by adding street landscaping and a
new sidewalk.
Cons
• None
2. Remand the project back to the Planning Commission for additional review.
Pros
• The Planning Commission could resolve any issues or concerns the City Council
might have about design or compliance with standards. City Council should
provide clear direction why the project is being remanded and what is expected
from the Planning Commission.
Cons
• Delays the approval of the project.
1 Units in California condominium projects are commonly as “airspace” condominium units. The boundaries of an
airspace condominium unit typically include the unit’s interior, walls, floors, ceilings, windows and doors.
Nov. 8, 2022 Item #8 Page 3 of 150
3. Deny the project
Pros
• None.
Cons
• Inconsistency of land uses between the two lots will not allow the sites to be
consolidated and developed as one lot.
• Project would not be able to be built in its current form and future land use
actions or improvements to the property would be uncertain
The Planning Commission and city staff recommend option 1.
Fiscal Analysis
All required improvements needed to serve this project will be funded by the developer, so
there is no cost to the city from this action.
Next Steps
The City Clerk’s Office will prepare the ordinance for adoption at the next regular City Council
meeting. Once adopted, the City Clerk’s Office will publish the ordinance or a summary of the
ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective
30 days following its adoption.
Environmental Evaluation
In accordance with the California Environmental Quality Act and its guidelines, a program
environmental impact report (State Clearinghouse No. 2011011004, EIR 13-02), was certified as
complete on Sept. 22, 2015, by the City Council for the Comprehensive General Plan Update.
The environmental report evaluated all land development proposed through the application of
policies and regulations, and as logical parts of a long-term plan.
Under CEQA Guidelines Section 15168, the request to construct four residential air-space
condominium units and an office building is within the scope of the of the previously certified
environmental report. All feasible mitigation measures and alternatives developed in the report
adequately address the anticipated adverse effects of the project.
Staff have found that an addendum to the environmental report is appropriate under CEQA
Guidelines Section 15164 because only minor changes and additions to the final environmental
report are necessary to address the project changes and there are no circumstances that call
for the preparation of a subsequent or supplemental environmental report under CEQA
Guidelines sections 15162 and 15163. (Refer to Exhibit 11 for additional support and
justification.)
Public Notification and Outreach
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date. A notice of public
hearing was mailed at least 10 days prior to the hearing date to all property owners within 600
feet of the project site.
The initial public notice of the project was mailed on Dec. 15, 2021, to property owners within
600 feet of the subject property (279 total property owners notified). Additionally, the
proposed project is subject to City Council Policy No. 84, Development Project Public
Nov. 8, 2022 Item #8 Page 4 of 150
Involvement Policy. An outreach meeting was held at the Carlsbad Senior Center on Dec. 28,
2021, during which one adjacent neighboring resident raised concerns regarding the shared
perimeter wall, wanting to ensure that adequate line of sight was maintained for the project’s
driveway. The same resident also inquired about the possibility of undergrounding utilities.
The project applicant and the resident agreed that the applicant would construct a masonry
perimeter wall that would be 42 inches tall within the front yard, and six feet tall within the
sides and rear yards. The applicant told the resident, and staff confirmed, that the proposed
walls and project design meet the required line of sight for vehicular and pedestrian safety.
Also, the overhead wires serving the proposed project would be placed underground. However,
under the municipal code, the existing power poles in front of the project are not required to
be undergrounded or removed, as the half-street section abutting the project site spans less
than 600 feet.
Exhibits
1. City Council resolution - Addendum to the City of Carlsbad General Plan environmental
impact report and General Plan amendment
2. City Council ordinance
3. City Council resolution - Tentative tract map, planned development permit, non-
residential planned development permit and site development plan
4. Location map
5. Aug. 17, 2022, Planning Commission Staff Report (on file in the Office of the City Clerk)
6. Aug. 17, 2022, Planning Commission Minutes
7. Planning Commission Resolution No. 7458
8. Planning Commission Resolution No. 7459
9. Planning Commission Resolution No. 7460
10. Environmental Evaluation – Supplemental
Nov. 8, 2022 Item #8 Page 5 of 150
RESOLUTION NO. 2022-256
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AN ADDENDUM TO THE CITY OF CARLSBAD
GENERAL PLAN EIR STATE CLEARINGHOUSE NO. 2011011004 (EIR 13-02),
AND APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL
PLAN DESIGNATION FROM R-15, RESIDENTIAL TO R-15/O,
RESIDENTIAL/OFFICE ON A PARCEL GENERALLY LOCATED AT 2754
JEFFERSON STREET (APN 203-201-01-00) WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: JEFFERSON MIXED-USE
CASE NO.: GPA 2021-0004 (DEV2020-0116)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Carlsbad Municipal Code, the Planning Commission did, on Aug. 17, 2022, hold a
duly noticed public hearing as prescribed by law to consider an Addendum to the City of Carlsbad
General Plan EIR State Clearinghouse No. 2011011004 (EIR 13-02) and a General Plan Amendment GPA
2021-0004, as referenced in Planning Commission Resolution Nos. 7458, and 7459; and the Planning
Commission adopted Resolution Nos. 7458, and 7459 recommending to the City Council that they be
adopted and approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Addendum to the City of Carlsbad General Plan EIR State Clearinghouse No. 2011011004 (EIR 13-
02)and General Plan Amendment GPA 2021-0004; 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 relating to the Addendum
to the City of Carlsbad General Plan EIR State Clearinghouse No. 2011011004 (EIR 13-02} and General
Plan Amendment GPA 2021-0004.
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.That the recommendation of the Planning Commission for the adoption of an
Addendum to the City of Carlsbad General Plan EIR State Clearinghouse No. 2011011004 {EIR 13-02)
attached hereto as Attachment A; and approval of General Plan Amendment GPA 2021-0004 attached
hereto as Attachment B are adopted and approved, and that the findings of the Planning Commission
Exhibit 1
Nov. 8, 2022 Item #8 Page 6 of 150
contained in Planning Commission Resolution Nos. 7458 and 7459 on file with the City Clerk and
incorporated herein by reference, are the findings and of the City Council. The substantive findings and
determinations are incorporated herein as though fully set forth herein.
3.The General Plan Land Use Map is amended as shown on the maps marked GPA 2022-
0004 dated July 15, 2022, and attached hereto as Attachment B and made a part hereof. The complete
General Plan Land Use Map being amended is on file with the Office of the City Clerk.
4.This action is final 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 following 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 Office of the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of November, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
� FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Nov. 8, 2022 Item #8 Page 7 of 150
Addendum #3 to the Comprehensive General Plan Update
certified Final Environmental Impact Report (EIR, EIR 13-02)
Prepared for:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Contact: Ms. Jessica Evans
Prepared by:
605 Third Street
Encinitas, California 92024
Contact: Sean Kilkenny
AUGUST 2022
Attachment A
Nov. 8, 2022 Item #8 Page 8 of 150
DUDEK
Nov. 8, 2022 Item #8 Page 9 of 150
13583
i January 2022
Table of Contents
SECTION PAGE NO.
ACRONYMS AND ABBREVIATIONS ............................................................................................................................. III
1 INTRODUCTION ............................................................................................................................................. 1
1.1 Project Overview ..................................................................................................................................... 3
1.2 Project Planning Setting ......................................................................................................................... 4
1.3 California Environmental Quality Act Compliance ................................................................................ 6
2 SUMMARY OF FINDINGS ............................................................................................................................... 7
3 CHECKLIST .................................................................................................................................................... 9
3.1 Aesthetics ............................................................................................................................................ 13
3.2 Agriculture and Forestry Resources ................................................................................................... 14
3.3 Air Quality ............................................................................................................................................. 16
3.4 Biological Resources ........................................................................................................................... 18
3.5 Cultural Resources .............................................................................................................................. 20
3.6 Energy .................................................................................................................................................. 23
3.7 Geology and Soils ................................................................................................................................ 25
3.8 Greenhouse Gas Emissions ................................................................................................................ 28
3.9 Hazards and Hazardous Materials ..................................................................................................... 29
3.10 Hydrology and Water Quality ............................................................................................................... 33
3.11 Land Use and Planning ....................................................................................................................... 38
3.12 Mineral Resources .............................................................................................................................. 39
3.13 Noise .................................................................................................................................................... 40
3.14 Population and Housing ...................................................................................................................... 43
3.15 Public Services .................................................................................................................................... 44
3.16 Recreation ............................................................................................................................................ 46
3.17 Transportation .................................................................................................................................... 47
3.18 Tribal Cultural Resources .................................................................................................................... 50
3.19 Utilities and Service Systems .............................................................................................................. 53
3.20 Wildfire ................................................................................................................................................. 57
4 REFERENCES AND PREPARERS.................................................................................................................. 60
4.1 References Cited ................................................................................................................................. 60
4.2 List of Preparers .................................................................................................................................. 60
Nov. 8, 2022 Item #8 Page 10 of 150
ADDENDUM #3 TO THE COMPREHENSIVE GENERAL PLAN UPDATE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT
(EIR, EIR 13-02)
13583
ii January 2022
APPENDICES
A Preliminary Geotechnical Investigation Report
B CAP Checklist
C Stormwater Standards Questionaire (Form E-34)
D Noise Impact Analysis
FIGURES
1 Project Location ................................................................................................................................................ 61
2 Project Site ........................................................................................................................................................ 63
3 General Plan Land Use Designation ................................................................................................................ 65
4 Zoning ................................................................................................................................................................ 67
5 Preliminary Site Plan ......................................................................................................................................... 71
Nov. 8, 2022 Item #8 Page 11 of 150
Acronyms and Abbreviations
Acronym/Abbreviation Definition
AQMP Air Quality Management Plan
BANL Base Ambient Noise Level
BESS Battery Energy Storage System
BMP Best Management Practice
BSU Battery Step Up Transformer
CBC California Building Code
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CFD Community Facilities Districts
CGP Construction General Permit
CNPS California Native Plant Society
CRPR California Rare Plant Rank
DEH Department of Environmental Health
DOC California Department of Conservation
EIR Environmental Impact Report
ESA Environmental Assessment Report
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
GHG greenhouse gas
GPU General Plan Update
HCP Habitat Conservation Plan
LHMP Local Hazard Mitigation Plan
MBTA Migratory Bird Treaty Act
MLD Most Likely Descendant
MRZ Mineral Resource Zone
MS4 Municipal Separate Storm Sewer System
MW megawatt
MWh megawatt-hour
NPDES National Pollutant Discharge Elimination System
PDF Project Design Feature
RWQCB Regional Water Quality Control Board
SR State Route
SRA State Responsibility Area
SWP State Water Project
SWPPP Stormwater Pollution Prevention Plan
TCR tribal cultural resource
USACE U.S. Army Corps of Engineers
UWMP Urban Water Management Plan
VHFHSZ Very High Fire Hazard Severity Zones
VMT vehicle miles traveled
WM Waste Management
WQMP Water Quality Management Plan
Nov. 8, 2022 Item #8 Page 12 of 150
Executive Summary
This Third Addendum to the Final Certified Comprehensive General Plan Update (Addendum #3) has been prepared
by the City of Carlsbad in conformance with the California Environmental Quality Act (CEQA, Public Resources Code
section 21000 et seq.), the regulations promulgated thereunder (CEQA Guidelines, 14 California Code of
Regulations section 15000 et seq.), and the city’s environmental review procedures (Chapter 19.04 of the Carlsbad
Municipal Code) to consist of the following (collectively referred to herein as the “Project”):
1. Zoning and land use change to reconcile split zoning; and
2. Construction of four proposed condominium units and professional office space.
As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council adopted City
Council Resolution No. 2015-242, certifying Environmental Impact Report (EIR 13-02) and adopting Findings of
Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. Addendum
#1 to the Final EIR was prepared for the 2020 Climate Action Plan Update, and was adopted by City Council
Resolution No. 2020-146 on July 14, 2020. Addendum #2 to the Final EIR was prepared for the updated Housing
Element by City Council Resolution No. 2021-073 on August 6, 2021.
Addendum #3 is associated with the Project, which would reconcile split zoning. The population and economic
growth assumptions under the Project are the same as what was utilized for the Comprehensive General Plan
Update. The Project accommodates growth, rather than inducing it. The purpose of this Addendum is to provide
updated information to the Final Certified EIR. Section 15164(a) of the CEQA Guidelines states that “[t]he lead
agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or
additions are necessary but none of the conditions described in Section 15162 calling for preparation of a
subsequent EIR have occurred.”
Section 15162 of the CEQA Guidelines provides that a subsequent EIR is required when (1) substantial changes
are proposed in the project or circumstances that will require major revisions of the prior EIR due to new significant
environmental effects or a substantial increase in the severity of previously identified significant effects; or (2) new
information of substantial importance, which was not known and could not have been known with the exercise of
reasonable diligence at the time the prior EIR was certified, shows that (a) the project will have one or more
significant effects not discussed in the prior EIR, (b) significant effects previously examined will be substantially
more severe than shown in the prior EIR, (c) mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more significant effects of the project but the
project proponents decline to adopt the mitigation measure or alternative, or (d) mitigation measures or
alternatives that are considerably different from those analyzed in the prior EIR would substantially reduce one or
more significant effects on the environment but the project proponents decline to adopt the mitigation measure or
alternative.
As discussed in the following sections, the new information and minor technical modifications are not considered
“significant” pursuant to CEQA. Specifically, Addendum #3 to the Final EIR finds that the impacts resulting from
implementation of the General Plan Update as described in the Final EIR remain the same, aside from the Project’s
proposed modification, and the mitigation measures would remain unchanged and are still valid and enforceable.
No considerably different mitigation measures or feasible alternatives have been identified. The Addendum to the
Final EIR finds that the previously identified impacts and mitigation measures, as described in the Final EIR, are
still applicable. Therefore, the Final EIR, as certified, remains adequate and complete.
Nov. 8, 2022 Item #8 Page 13 of 150
2 August 2022
All other environmental analysis sections are not contained herein because the original Final EIR for those
environmental areas are still applicable and do not require updated information. CEQA does not require that the
original Final EIR be circulated with the Addendum, but the original Final EIR is available for public review from the
city upon request. Therefore, please refer to the original Final EIR for other environmental topics not contained in
this Addendum.
Nov. 8, 2022 Item #8 Page 14 of 150
3 August 2022
1 Introduction
1.1 Project Overview
The Jefferson Mixed Use: Townhome and Professional Office Project (Project) is located within the City of Carlsbad
(city) on two existing lots on Jefferson Street (2754 and 2770 Jefferson Street; see Figure 1 – Project Location).
Each lot is currently developed with a single-family residence (see Figure 2 – Project Site). The proposed project
involves the demolition of the two existing single-family units and development of four condominium units with a
standalone professional office building. The project would also include a Tentative Tract Map to create one, 0.33-
acre lot for air space condominium units and a Zone Change and General Plan Amendment to allow the proposed
office and residential uses on the same parcel as explained below.
Condominium Units
The four proposed condominium units would range in size from 1,905 square feet to 2,076 square feet in three
stories. Each unit would include a two-car garage, and two additional guest parking spaces would be provided.
Maximum building height would be approximately 34 feet and 11 inches. The architectural style of the condo units
is designed to be contemporary beach cottage.
Professional Office
The standalone professional office would be approximately 683 square feet in size, with an additional 214 square
feet of mezzanine, and a maximum building height of approximately 23 feet and 9 inches. The professional office
would include a total of three parking spaces, in accordance with city requirements. The architectural style is
designed to be compatible with the proposed condominium units.
Zoning and Land Use Designation
To accommodate the development of the proposed condominiums and professional office, the Project would
include a Tentative Tract Map, Zone Change, and General Plan Amendment for land use re-designation to allow for
the construction of four residential air-space condominiums and an office use. The Tentative Tract Map will
consolidate two lots and subdivide the project site for residential air-space and commercial condominiums.
The lot addressed as 2770 Jefferson Street has a land use designation of R-15/O and is zoned R-P-Q, which allows
for an office use with residential uses. 2754 Jefferson Street has a land use designation of R-15 and is zoned RD-
M and allows for multi-family residential uses. To avoid a split zone development, the General Plan Amendment and
Zone Change are proposed to change the land use designation to R—15/O and the zone to R-P-Q to allow both
multi-family residential and office on one lot. The proposed General Plan Amendment and Zone Change would not
increase the density/intensity of development permitted on the project site because the proposed land uses are
located where the existing land use and zoning designations allow for it. More specifically, the proposed office would
occupy the area on 2770 Jefferson Street that currently allows for office uses and residential uses, and the
residential component will span across both lots and allow for multi-family residential uses. Table 1 provides a
breakdown of the existing and proposed zoning and General Plan land use designations for the Project site (see
also Figures 3a, 3b, 4a and 4b).
Nov. 8, 2022 Item #8 Page 15 of 150
4 August 2022
Table 1. Existing and Proposed Zoning and Land Uses
Zoning Land Use Designation
Existing
2754 Jefferson RD-M – Residential Density-
Multiple Zone R-15 – Residential
2770 Jefferson R-P-Q– Residential Professional
Zone R-15/O – Residential/Office
Proposed
Project R-P-Q– Residential Professional Zone R-15/O – Residential/Office
Notes:
RD-M: Residential Density-Multiple Zone
R-P-Q: Residential Professional – Qualified Development Overlay Zone R-15: Residential (15 dwelling units/acre) R-15/O: Residential (15 dwelling units/acre and office)
As shown in Table 1, the existing zoning and land use designations of the Project site allow for residential and office
uses, consistent with the uses proposed by the Project. However, the Project would include office uses where the
project site is designated as R-15 (Residential) and residential units where the project site is designated as R-15/O
(Residential and Office). Therefore, because the existing lots have different zoning as shown in Table 1, the Project
would require a Zone Change and General Plan Amendment to be in compliance with the R-P-Q zone; however, the
project would not increase the intensity or density of development.
Construction
Grading associated with Project construction would result in 202 cubic feet of cut and 80 cubic feet of fill, with 122
cubic feet of export or which would balance on-site through compaction. Construction is anticipated to begin in mid
to late 2022 and take approximately 18 months to complete.
Discretionary Actions
The Project would require the processing and approval of the following:
• General Plan Amendment (GPA 2021-0004)
• Zone Change (ZC 2021-0004)
• Tentative Tract Map (CT 2021-0001)
• Planned Development Permit (PUD 2021-0004)
• Nonresidential Planned Development Permit (PUD 2022-002)
• Site Development Plan (SDP 2021-0014)
1.2 Project Planning Setting
The city is located in the northwestern portion of San Diego County (County) and the Project site is located in the
northwestern portion of the city. Specifically, the Project site is approximately 1,500 feet west of Interstate 5 (I-5),
1,700 feet southeast of Buena Vista Lagoon, and 0.6 mile east of the Pacific Ocean. The Project site encompasses
0.33-acres and is an infill lot that is relatively flat (approximately 56 feet above mean sea level). As an existing infill
site developed with existing single-family residential units, there are no significant or sensitive biological or
Nov. 8, 2022 Item #8 Page 16 of 150
5 August 2022
environmental resources onsite or in the adjacent vicinity. The Project site is also located outside of the city's
Coastal Zone.
Nov. 8, 2022 Item #8 Page 17 of 150
1.3 California Environmental Quality Act Compliance
CEQA Guidelines Sections 15162 through 15164 set forth the criteria for determining the appropriate additional
environmental documentation, if any, to be completed when there is a previously adopted ND or a previously
certified EIR for the project. CEQA Guidelines, Section 15162(a) and 15163 state that when an ND has been
adopted or an EIR certified for a project, no Subsequent or Supplemental EIR or Subsequent Negative Declaration
shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light
of the whole public record, one or more of the following:
1.Substantial changes are proposed in the project which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects.
2.Substantial changes occur with respect to the circumstances under which the project is undertaken which
will require major revisions of the previous EIR or Negative Declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified significant
effects.
3.New information of substantial importance, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative
Declaration was adopted, shows any of the following:
a.The project will have one or more significant effects not discussed in the previous EIR or Negative
Declaration; or
b.Significant effects previously examined will be substantially more severe than shown in the
previously adopted Negative Declaration or previously certified EIR; or
c.Mitigation measures or alternatives previously found not to be feasible would in fact be feasible,
and would substantially reduce one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative; or
d.Mitigation measures or alternatives which are considerably different from those analyzed in the
previous Negative Declaration or EIR would substantially reduce one or more significant effects on
the environment, but the project proponents decline to adopt the mitigation measure or alternative.
CEQA Guidelines, Section 15164(a) states that an Addendum to a previously certified EIR may be prepared if some
changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation
of a Subsequent or Supplemental EIR have occurred.
CEQA Guidelines, Section 15164(b) states that an Addendum to a previously adopted Negative Declaration may be
prepared if only minor technical changes or additions are necessary.
If the factors listed in CEQA Guidelines Sections 15162, 15163, or 15164 have not occurred or are not met, no
changes to the previously certified EIR or previously adopted ND are necessary. See Section 2, Summary of
Findings, for further information.
The Project is consistent with the analysis performed for the city’s General Plan & Climate Action Plan
Final Environmental Impact Report (GP/CAP FEIR) certified in September 2015 (City of Carlsbad 2015a). A
comprehensive environmental evaluation has been completed for the Project as documented in the
attached Checklist. This evaluation concludes that the Project qualifies for an exemption from additional
environmental review because it is both consistent with the land use characteristics established by the city’s
General Plan, as analyzed by the GP/CAP FEIR, and all required findings can be made.
Nov. 8, 2022 Item #8 Page 18 of 150
7 August 2022
2 Summary of Findings
The Project is consistent with the analysis performed for the city’s GP/CAP FEIR certified in September
2015. A comprehensive environmental evaluation has been completed for the Project as documented
throughout Chapter 3 of this document. This evaluation concludes that the Project qualifies for an
exemption from additional environmental review because it is consistent with the development density
and land use characteristics established by the city’s General Plan, as analyzed by the city’s GP/CAP FEIR, and
all required findings can be made.
CEQA: 15162. Subsequent EIRs and Negative Declarations
15162. (a) When an EIR has been certified or a
negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project
unless the lead agency determines, on the basis
of substantial evidence in the light of the whole
record, one or more of the following:
(1) Substantial changes are proposed in the
project which will require major revisions of the
previous EIR or negative declaration due to the
involvement of new significant environmental
effects or a substantial increase in the severity of
previously identified significant effects;
The project does not propose substantial changes
compared to the analysis contained in the GP/CAP
FEIR. While the project would include a Zone
Change and General Plan Amendment, the
underlying uses would be consistent with the
development type and intensity anticipated by the
General Plan. The Project would include a Tentative Tract Map, Zone Change, and General Plan Amendment for land use re-designation to allow for
the construction of four residential air-space
condominiums and an office use. The Tentative
Tract Map will consolidate two lots and subdivide
the project site for residential air-space and
commercial condominiums. To avoid a split zone
development, the General Plan Amendment and
Zone Change are proposed to change the land use
designation to R—15/O and the zone to R-P-Q to
allow both multi-family residential and office on one lot. As explained in Section 3.1, below, such changes would not result in new significant
environmental effects or a substantial increase in
the severity of previously identified significant
effects.
(2) Substantial changes occur with respect to thecircumstances under which the project isundertaken which will require major revisions of
the previous EIR or Negative Declaration due to
the involvement of new significant environmental
effects or a substantial increase in the severity of
previously identified significant effects;
Since adoption of the GP/CAP FEIR, CEQA has been updated to provide for new or revised guidelines related to energy, cultural resources/tribal cultural
resources, transportation, and wildfire. As
described in Section 3, below, the proposed project
would be consistent with the development type and
intensity anticipated by the General Plan and would
not result in new significant environmental effects
or a substantial increase in the severity of
previously identified significant effects.
Or
(3) New information of substantial importance,which was not known and could not have been
Nov. 8, 2022 Item #8 Page 19 of 150
8 August 2022
known with the exercise of reasonable diligence
at the time the previous EIR was certified as
complete or the Negative Declaration was
adopted, shows any of the following:
(A) The project will have one or more significant
effects not discussed in the previous EIR or
negative declaration;
As described below, all project impacts would be
less than significant.
(B) Significant effects previously examined will be substantially more severe than shown in the
previous EIR;
As described below, all project impacts would be less than significant.
(C) Mitigation measures or alternatives previously
found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project
proponents decline to adopt the mitigation
measure or alternative; or
As described below, all project impacts would be
less than significant and no measures that would have previously been considered infeasible are required.
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but
the project proponents decline to adopt the
mitigation measure or alternative.
As described below, all project impacts would be less than significant and no measures that were previously declined to be implemented are required.
Nov. 8, 2022 Item #8 Page 20 of 150
3 Checklist
1. Project title:
Jefferson Mixed Use: Townhome and Professional Office Project
2. Lead agency name and address:
City of Carlsbad,
1635 Faraday Avenue
Carlsbad, California 92008
3. Contact person and phone number:
Ms. Lauren Yzaguirre, (442) 339-2634
4. Project location:
The Project site is located at 2754 and 2770 Jefferson Street, Carlsbad, CA 92008.
5. Project sponsor’s name and address:
Mr. Ed Scarpelli, (760) 685-0947
6. General plan designation:
Northern lot (2754 Jefferson): R-15 (15 du/acre)
Southern lot (2770 Jefferson): R-15/O (15 units/acre and office)
7. Zoning:
Northern lot (2754): RD-M (Residential Density-Multiple)
Southern lot (2770): R-P-Q (Residential Professional Qualified Development Overlay Zone)
8. Description of project. (Describe the whole action involved, including but not limited to later phases of the
project, and any secondary, support, or off-site features necessary for its implementation. Attach additional
sheets if necessary):
The project proposes the demolition of two, existing single-family homes and the construction of four,
attached townhomes and an 897 square foot office space. See Figure 5, Preliminary Site Plan. The project
would include the following components:
• Tentative Tract Map
• General Plan Amendment
• Zone Change
Nov. 8, 2022 Item #8 Page 21 of 150
10 August 2022
• Planned Development Permit
• Nonresidential Planned Development Permit
• Site Development Plan
9. Surrounding land uses and setting (Briefly describe the project’s surroundings):
The Project is surrounded on the north, northeast, and east by multi-family housing; single family homes to
the south, and Jefferson Street and professional/office uses to the west.
10. Other public agencies whose discretionary approval is required (e.g., permits, financing approval, or
participation agreement):
N/A.
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested
consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation
that includes, for example, the determination of significance of impacts to tribal cultural resources,
procedures regarding confidentiality, etc.?
Yes, please refer to Section 3.18.
Nov. 8, 2022 Item #8 Page 22 of 150
11 August 2022
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact
that is a “Potentially Significant Impact,” as indicated by the checklist on the following pages.
Aesthetics Agriculture and
Forestry Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas
Emissions
Hazards and Hazardous
Materials
Hydrology and Water Quality Land Use and
Planning
Mineral Resources
Noise Population and
Housing
Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire Mandatory Findings of
Significance
Nov. 8, 2022 Item #8 Page 23 of 150
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Determination (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless
mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT
REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including
revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature
Date
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3.1 Aesthetics
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to aesthetic resources including: scenic vistas; scenic resources including, but not limited to, trees,
rock outcroppings, or historic buildings within a state scenic highway; existing visual character or quality of
the site and its surroundings; or day or nighttime views in the area?
YES NO
The GP/CAP FEIR concluded impacts to scenic vistas would be less than significant. Scenic vistas in the
city consist of the scenic corridors and views to and from the coastline, open spaces, and hillsides. The
city’s General Plan regulates development of these areas, and contains policies to ensure that opportunities
to enjoy scenic views are either preserved or enhanced. The majority of land uses introduced in the city’s
General Plan and analyzed in the GP/CAP FEIR, including the Project site, focused development in infill
areas to relieve pressure on development of open space and agricultural areas. Future development within
the city would generally result in the intensification of existing urban uses, as well as conversion of vacant
land into urban uses.
The Project site is located on a previously disturbed infill site with two existing single-family residences and
is immediately surrounded by single and multi-family residential and commercial/office uses. There are no
scenic vistas or scenic corridors in the immediate Project vicinity. The Project would be consistent with the
uses, aesthetic, and scale surrounding the Project site. Thus, impacts would be less than significant.
The GP/CAP FEIR concluded there to be no impact related to state scenic highways. The city does not
contain officially designated State Scenic Highways. The closest eligible State Scenic Highway is I-5, located
approximately 1,500 feet east of the Project site (Caltrans 2021). The Project site is an infill site surrounded
by existing development similar to that proposed by the Project (multi-family residential and office uses).
Existing development within the city between the Project site and I-5 disrupts any potential views of the
eligible state scenic highway from the Project site and immediate vicinity. Thus, because the Project site is
not visible from any scenic highway and does not contain scenic resources including trees, rock
outcroppings or historic buildings, no impact to scenic resources within a state scenic highway would occur.
The GP/CAP FEIR concluded impacts to consistency with applicable zoning and other regulations governing
scenic quality would be less than significant. The General Plan directs new development into underutilized
or previously developed areas, where any proposed changes in land use and physical design are intended
to increase visual quality. The General Plan also seeks to ensure that any development or redevelopment
observes design guidelines to ensure visual compatibility with the surrounding environment. Accordingly,
the GP/CAP FEIR determined that because the General Plan recognizes the sensitivity of preserving the
visual character of the existing neighborhoods and open spaces throughout the city, development in
accordance with General Plan land use designations would be unlikely to result in visual degradation of the
city or surroundings (City of Carlsbad 2015a).
The Project site is designated as R-15 (Residential) and R-15/O (Residential and Office) and zoned RD-M
(Residential Density-Multiple Zone) and R-P-Q (Residential Professional – Qualified Development Overlay
Nov. 8, 2022 Item #8 Page 25 of 150
14 August 2022
Zone). The Project would include a Tentative Tract Map, Zone Change, and General Plan Amendment for land
use re-designation to allow for the construction of four residential air-space condominiums and an office use.
The Tentative Tract Map will consolidate two lots and subdivide the project site for residential air-space and
commercial condominiums. To avoid a split zone development, the General Plan Amendment and Zone
Change are proposed to change the land use designation to R—15/O and the zone to R-P-Q to allow both
multi-family residential and office on one lot.. Thus, upon approval of the proposed Zone Change and General
Plan Amendment, the proposed uses would comply with the zoning and land use designations on the Project
site. In addition, upon approval, the Project would be consistent with the city’s Zoning Ordinance and General
Plan and would be visually compatible with surrounding development including the residential and office uses
in the immediate vicinity. The Project would be constructed pursuant to development standards contained in
the Zoning Ordinance, including building setbacks, building heights, lot coverage, land uses, grading, and
parking. Thus, because the Project would not conflict with land use designation and zoning of the site upon
approval, would be consistent with surrounding uses, and would adhere to city’s development standards in
the Zoning Ordinance; impacts would be less than significant.
The GP/CAP FEIR impact to light and glare would be less than significant. Development pursuant to the
General Plan would introduce new sources of light into the city including residential and non-residential
interior and exterior lighting, parking lot lighting, commercial signage lighting, and lamps for streetscape
and public recreational areas. Although all new development pursuant to the General Plan would
incrementally contribute to light pollution throughout the city, new development would take place in or near
developed and urbanized areas, where moderate light and glare already exist. The General Plan includes
polices related to buffering between development and sensitive habitats, and between commercial,
residential, and industrial uses. New development would also be required to comply with the city’s Zoning
Ordinances regulating light and glare and development buffers (City of Carlsbad 2015a).
Through adherence to the applicable city standards, the Project would not generate excessive light or glare.
The Project would introduce new development consistent with the existing development surrounding the
Project site. Lighting associated with the Project would consist of typical residential and commercial lighting,
such as internal lighting and external building lighting for security purposes. Windows included in the Project
could result in some minimal glare. However, such glare would be typical of surrounding uses and would
not be substantial. Lighting on the Project site would also comply with applicable zoning ordinance
development standards. Finally, the Project site is surrounded by existing development, and not subject to
Habitat Management Plan or Local Coastal Program lighting requirements. Therefore, impacts associated
with light and glare would be less than significant.
3.2 Agriculture and Forestry Resources
Since the previous EIR was certified or previous ND was adopted, are there any changes in the project,
changes in circumstances under which the project is undertaken and/or "new information of substantial
importance" that cause one or more effects to agriculture or forestry resources including: conversion of
Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use, conflicts
with existing zoning for agricultural use or Williamson Act contract, or conversion of forest land (as defined
in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section
4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
Nov. 8, 2022 Item #8 Page 26 of 150
15 August 2022
YES NO
The GP/CAP FEIR concluded impacts to Farmland be less than significant.
According to the California Department of Conservation California Important Farmland Finder, the Project site
is designated as Urban and Built-Up Land (DOC 2018). The Project site is also designated and zoned for
residential and office uses and is surrounded by existing residential and commercial/office uses. The Project
would include a Tentative Tract Map, Zone Change, and General Plan Amendment for land use re-designation
to allow for the construction of four residential air-space condominiums and an office use. The Tentative Tract
Map will consolidate two lots and subdivide the project site for residential air-space and commercial
condominiums. To avoid a split zone development, the General Plan Amendment and Zone Change are
proposed to change the land use designation to R—15/O and the zone to R-P-Q to allow both multi-family
residential and office on one lot. However, it is noted that the proposed uses are consistent with the intensity
and density allowed under the existing zoning and land use designations of the Project site. Thus, because
the Project would not convert agricultural land and is consistent with the designated land use and zoning of
the site, no impact would occur.
The GP/CAP FEIR concluded impacts related to conflicts with existing agricultural zoning or Williamson Act
contracts would be less than significant. The only Williamson Act contract within the city is located at the
Flower Fields property and the General Plan does not include any new land uses that would affect the status
of the Flower Fields Williamson Act contract.
The Project site is designated and zoned for residential and office uses and currently contains existing
single-family residences. The Project site is also surrounded by existing residential and commercial uses
and there are no agriculturally zoned lands in the project vicinity. Therefore, the Project would not conflict
with existing zoning for agricultural use or a Williamson Act contract and no impact would occur.
The GP/CAP FEIR concluded no impact would occur to forest land, timberland, or timberland production.
There are no properties within the city that are zoned for forest land, timberland, or timberland production
(City of Carlsbad 2019).
The GP/CAP FEIR also concluded no impact would occur due to the loss or conversion of forest land. There
are no forest lands within the city (City of Carlsbad 2019).
No forestland timberland, or timberland production exists within the city, including the Project site;
therefore, no impact would occur.
The GP/CAP FEIR concluded this impact related to changes to the existing environmental which could result
in the conversion of Farmland to non-agricultural uses would be less than significant.
The Project site is designated and zoned for residential and office uses and the Project proposes
development of four condominiums, a professional office, and associated parking consistent with the
existing zoning and land use designations. Therefore, the Project would not result in the conversion of any
farmland to non-agricultural use or forest land to non-forest use. Therefore, no impact would occur.
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16 August 2022
3.3 Air Quality
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to air quality including: conflicts with or obstruction of implementation of the San Diego Regional Air
Quality Strategy or applicable portions of the State Implementation Plan (SIP); violation of any air quality
standard or substantial contribution to an existing or projected air quality violation; a cumulatively
considerable net increase of any criteria pollutant for which the project region is non-attainment under an
applicable federal or state ambient air quality standard; exposure of sensitive receptors to substantial
pollutant concentrations; or creation of objectionable odors affecting a substantial number of people?
YES NO
The GP/CAP FEIR concluded impacts to conflicts or obstruction of implementation of the applicable air
quality plans would be less than significant. The San Diego Air Pollution Control District (SDAPCD) and San
Diego Association of Governments (SANDAG) are responsible for developing and implementing the clean
air plan for attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) and
California Ambient Air Quality Standards (CAAQS) in the San Diego Air Basin (SDAB). The San Diego County
Regional Air Quality Strategy (RAQS) relies on information from California Air Resources Board (CARB) and
SANDAG, including mobile and area source emissions, as well as information regarding projected growth
in San Diego County and the cities in the county, to project future emissions and then determine from that
the strategies necessary for the reduction of emissions through regulatory controls. CARB mobile source
emission projections and SANDAG growth projections are based on population, vehicle trends, and land
use plans developed by San Diego County and the cities in the county as part of the development of their
general plans (City of Carlsbad 2015a).
If a project proposes development that is greater than that anticipated in the local general plan and
SANDAG’s growth projections, the project might be in conflict with the RAQS and may contribute to a
potentially significant cumulative impact on air quality. The proposed project would be consistent with the
zoning and land use designation of the site. Therefore, the proposed project would not conflict with
SANDAG’s growth projections or the RAQS, and the project would not conflict with or obstruct
implementation of the applicable air quality plan. Impacts would be less than significant.
A comparison between the project and the GP/CAP FEIR analysis was conducted to determine whether the
project’s construction and operation would result in a cumulatively considerable net increase in emissions
of criteria air pollutants for which the SDAB is designated as nonattainment under NAAQS or CAAQS
compared to the previous CEQA analysis.
Construction
The Project would include a Tentative Tract Map, Zone Change, and General Plan Amendment for land use
re-designation to allow for the construction of four residential air-space condominiums and an office use. The
Tentative Tract Map will consolidate two lots and subdivide the project site for residential air-space and
commercial condominiums. To avoid a split zone development, the General Plan Amendment and Zone
Change are proposed to change the land use designation to R—15/O and the zone to R-P-Q to allow both
Nov. 8, 2022 Item #8 Page 28 of 150
17 August 2022
multi-family residential and office on one lot. However, it is noted that the proposed uses are consistent with
the intensity and density allowed under the existing zoning and land use designations of the Project site.
Therefore, the construction emissions associated with grading, building construction, architectural coating,
and asphalt paving are determined to be adequately addressed in the GP/CAP EIR. Furthermore, it is
anticipated that equipment and vehicle emissions would decrease compared to emissions evaluated in the
GP/CAP FEIR due to more stringent standards for in-use off-road equipment and heavy-duty trucks, as well
as fleet turnover replacing older equipment and vehicles in later years. The project would be subject to
SDAPCD Rule 55, Fugitive Dust Control, which requires the project take steps to restrict visible emissions
of fugitive dust beyond the property line. Compliance with Rule 55 would limit fugitive dust (PM10 and PM2.5)
generated during grading and construction activities. The project would also be subject to SDAPCD Rule
67.0.1 – Architectural Coatings, which establishes maximum VOC contents of 50 and 100 grams per liter
for flat and non-flat coatings, respectively. Accordingly, due to the project’s consistency with zoning and
land use designation of the site, as well as implementation of more stringent requirements associated with
construction, the project would not result in a cumulatively considerable net increase of any criteria
pollutant during construction.
Operations
As discussed above, the Project would include a Tentative Tract Map, Zone Change, and General Plan
Amendment for land use re-designation to allow for the construction of four residential air-space
condominiums and an office use. The Tentative Tract Map will consolidate two lots and subdivide the project
site for residential air-space and commercial condominiums. To avoid a split zone development, the General
Plan Amendment and Zone Change are proposed to change the land use designation to R—15/O and the
zone to R-P-Q to allow both multi-family residential and office on one lot.. However, it is noted that the
proposed uses are consistent with the intensity and density allowed under the existing zoning and land use
designations of the Project site. Therefore, the operational emissions associated with project operation are
addressed in the GP/CAP EIR. The project would result in 45 average daily trips (ADT), and the existing
single-family homes generate 20 ADT, therefore, the proposed project would generate the addition of
approximately 25 ADT (net) at the project site, which is considered to be a minimal amount and would not
result in requirement of a TDM plan or measures as explained in Section 3.17, below. Furthermore, it is
anticipated that vehicle emissions would decrease compared to emissions assumed in the GP/CAP FEIR
due to increased vehicle emission control technologies, more stringent standards specifically for heavy-
duty trucks, and fleet turnover replacing older vehicles. In addition, energy emissions associated with the
project are anticipated to decrease compared to emissions associated with the older residential structures
currently present at the project site, due to increased building efficiency, availability of technology, and
more stringent building codes. Accordingly, due to reduced emissions associated with mobile sources
(vehicle trips), area, and energy sources (building operation), the project would not generate additional
pollutant emissions or create an additional impact not previously addressed in the GP/CAP FEIR. Impacts
would be less than significant.
The GP/CAP FEIR concluded impacts to sensitive receptors from substantial pollutant concentrations would
be less than significant because construction of projects pursuant to the General Plan would be short-term
and diesel exhaust particulate matter emissions from off-road construction equipment and trucks would
be controlled through compliance with airborne toxic control measures (ATCMs) adopted by CARB (City of
Carlsbad 2015a). Sensitive receptors are those individuals more susceptible to the effects of air pollution
than the population at large. People most likely to be affected by air pollution include children, older people,
and people with cardiovascular and chronic respiratory diseases. Sensitive receptors include residences,
Nov. 8, 2022 Item #8 Page 29 of 150
18 August 2022
schools, playgrounds, childcare centers, athletic facilities, long-term healthcare facilities, rehabilitation
centers, convalescent centers, and retirement homes.
Construction activities associated with the Project would result in temporary sources of on-site fugitive dust
and construction equipment emissions. The nearest sensitive receptors are the multi-family and single-
family residences located directly adjacent to the northern and southern boundaries of the Project site,
respectively. Construction activities would be those typical of building construction, and would not require
the extensive use of heavy-duty construction equipment, which is subject to a CARB Airborne Toxics Control
Measure (ATCM) for in-use diesel construction equipment to reduce diesel particulate emissions. While the
Project could expose these adjacent sensitive receptors to pollutant concentrations from construction
activities, construction would be temporary and would be required to comply with CARB adopted ATCMs to
reduce air emissions from mobile and stationary sources. Therefore, through compliance with existing
regulations, the project would not expose sensitive receptors to substantial pollutant concentrations and
impacts would be less than significant.
The GP/CAP FEIR concluded odor impacts would be less than significant. Odors would be potentially
generated from vehicles and equipment exhaust emissions during construction of the Project. Potential
odors produced during construction would be attributable to concentrations of unburned hydrocarbons
from tailpipes of construction equipment and asphalt pavement application. Such odors would disperse
rapidly from the Project site and generally occur at magnitudes that would not affect substantial numbers
of people. Therefore, impacts associated with odors during construction would be less than significant.
Land uses and industrial operations associated with odor complaints include agricultural uses, wastewater
treatment plants, food-processing plants, chemical plants, composting operations, refineries, landfills,
dairies, and fiberglass molding facilities (City of Carlsbad 2015a). The Project would include four
condominiums and a professional office which would not create any new sources of odor during operation.
Therefore, Project operations would result in an odor impact that would be less than significant.
3.4 Biological Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to biological resources including: adverse effects on any sensitive natural community (including
riparian habitat) or species identified as a candidate, sensitive, or special status species in a local or
regional plan, policy, or regulation, or by the California Department of Fish and Wildlife or U.S. Fish and
Wildlife Service; adverse effects to federally protected wetlands as defined by Section 404 of the Clean
Water Act; interference with the movement of any native resident or migratory fish or wildlife species or
with wildlife corridors, or impeding the use of native wildlife nursery sites; and/or conflicts with the
provisions of any adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other
approved local, regional or state habitat conservation plan, policies or ordinances?
YES NO
As discussed in the GP/CAP FEIR, direct impacts to special-status species could result from the conversion
of habitat either temporarily, as a result of grading, excavation, and construction activities, or permanently
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from the ongoing operation and/or maintenance of a project or plan. Indirect impacts could result from
elevated dust or noise levels or increased sediment loads in runoff from construction activities. Indirect
impacts could also result from permanent alterations to hydrology upstream of habitats supporting
sensitive species, including increased runoff, sedimentation, or pollutant loads, and increased human
activity. However, most new development expected to occur pursuant to the General Plan would be within
existing developed areas.
Jurisdictional wetlands and waters occur within the city primarily in the vicinity of the Batiquitos, Agua
Hedionda, and Buena Vista lagoons with other wetland habitats occurring along creeks and drainages.
Vernal pools occur in several scattered locations throughout the city on marine terraces. As such,
development on or adjacent to these areas could potentially affect these resources either directly through
fill or indirectly through the alteration of the hydrologic regime. However, if jurisdictional resources are
determined to be potentially impacted by a project, all such future development projects would require
Clean Water Act Section 404/401 Permits from the U.S. Army Corps of Engineers (ACOE) and Regional
Water Quality Control Board (RWQCB), respectively, and a 1600-Series Streambed Alteration Agreement
with the California Department of Fish and Wildlife (CDFW). Future projects potentially affecting
jurisdictional wetlands and waters would comply with the United States Fish and Wildlife Service (USFWS),
CDFW, and ACOE “no net loss” policy and would require mitigation, including wetland creation and
restoration/enhancement. Finally, the city’s HMP is supplemented by the city’s Guidelines for Riparian and
Wetland Buffers, which provides buffer design recommendations and identifies allowable uses and land
use restrictions for riparian/wetland buffer zones. The guidelines also include minimization and mitigation
measures designed to protect riparian and wetland habitats from pre-construction and construction
activities. Therefore, implementation of the General Plan Open Space, Conservation, and Recreation
Element goals and policies, and compliance with the measures listed in the Guidelines for Wetland and
Riparian Buffers, and with applicable federal, state, and local regulations was determined to reduce
impacts to federally protected wetland to below a level of significance (City of Carlsbad 2015a).
Under existing conditions, the Project site is currently developed with two single-family residences and does
not contain any candidate, sensitive, or special status species or habitat areas which would support such
species. Further, the Project site is surrounded by existing development in all directions and no natural
habitat areas exist in the Project vicinity. The Project site and surrounding area is also designated as
Urban/Disturbed land within the HMP (City of Carlsbad 2004). As such, redevelopment of the Project site
would result in less than significant impacts to candidate, sensitive, and special-status species.
The GP/CAP FEIR concluded impacts to conflicts with local policies and ordinances protecting biological
resources would be less than significant. The city has developed a set of guidelines to aid in the
implementation of the HMP. These include the Guidelines for Biological Studies, Guidelines for Preserve
Management, Guidelines for Habitat Creation and Restoration, and Guidelines for Riparian and Wetland
Buffers. The General Plan was developed to promote consistency with other city plans and ordinances
that provide policy direction for the preservation of biological resources in the city. Therefore,
implementation of the General Plan Open Space, Conservation, and Recreation Element goals and
policies was determined to ensure consistency with the HMP guidelines, resulting in a less than
significant impact (City of Carlsbad 2015a).
The Project site and surrounding area is designated as Urban/Disturbed land within the HMP (City of
Carlsbad 2004). While the Project site contains some trees scattered around the property, which may be
removed during construction of the Project, the city does not have a tree preservation policy for trees on
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private property. Consistent with the GP/CAP FEIR, the Project would not conflict with local policies or
ordinances related to biological resources. Therefore, impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to conflicts with the provisions of an adopted Habitat
Conservation Plan, NCCP or other approval habits conservation plan would be less than significant. The city
implements the HMP, which serves as the city’s subarea plan under the MHCP. All future development
projects pursuant to the HMP are required to comply the conditions of the HMP. Therefore, implementation
of the General Plan Open Space, Conservation, and Recreation Element goals and policies was determined
to ensure that impacts related to conflicts with the adopted HMP would be less than significant (City of
Carlsbad 2015a).
The Project site is developed with two single-family residences and is not identified as a conservation area
within the HMP. Further, the Project site and surrounding area is designated as Urban/Disturbed land within
the HMP (City of Carlsbad 2004). As such, redevelopment of the Project site would not result in conflicts
with the provisions of the HMP and impacts would be less than significant.
3.5 Cultural Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to cultural resources including: causing a change in the significance of a historical or archaeological
resource as defined in State CEQA Guidelines Section 15064.5; destroying a unique paleontological
resource or site or unique geologic feature; and/or disturbing any human remains, including those interred
outside of formal cemeteries?
YES NO
The GP/CAP FEIR concluded a total of five properties within the city were potentially eligible for nomination
to the National Register of Historic Places (NRHP) and seven properties were identified as potential
California Historical Landmarks. The General Plan includes goals and policies to minimize or avoid impacts
to historical resources by requiring the protection and preservation of such resources. Additionally, historic
resources within the city are subject to the city’s Historic Preservation Ordinance (Municipal Code Title 22),
which includes criteria for including resources in the city’s historic resources inventory, historic site and
landmark designation procedures, and historic district designation procedures. The City of Carlsbad Tribal,
Cultural, and Paleontological Resources Guidelines are also in place to help protect historic resources
within the city (City of Carlsbad 2017). Therefore, any development pursuant to the General Plan would be
required to comply with the city’s Historic Preservation Ordinance, Tribal, Cultural, and Paleontological
Resources Guidelines, and applicable General Plan goals and polices to ensure impacts would be less than
significant (City of Carlsbad 2015a).
The Project site is currently developed with two single-family residences. Although implementation of the
Project would result in demolition of the existing on-site residences. An assessment of these residences
was performed to determine their eligibility for listing as historic resources. The historic architecture survey
indicated that the two structures are standard 2-x-4-inch wood-frame houses set on reinforced concrete
foundations. Background research and survey work indicate that neither property is eligible on local, state,
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or federal registries. (Appendix A, Loveless Linton, Inc, April 2021) Therefore, the Project would not cause
a substantial adverse change in the significance of a historical resource pursuant to §15064.5 and no
impact would occur.
The GP/CAP FEIR concluded impacts to archaeological resources would be less than significant
Approximately 480 prehistoric sites were recorded in the city during the 1990 Cultural Resources Survey;
therefore, there is potential for archaeological sites to be found within Carlsbad due to the existence of
previously identified sites. More specifically, future development projects pursuant to the General Plan may
involve grading, excavation, or other ground-disturbing activities, which could disturb or damage unknown
archaeological resources. However, the General Plan includes goals and policies to minimize or avoid
impacts to archaeological resources by requiring the protection and preservation of such resources.
Additionally, the city’s Tribal, Cultural, and Paleontological Resources Guidelines are also in place to help
protect archeological resources within the city (City of Carlsbad 2017). Therefore, any development
pursuant to the General Plan would be required to comply with the city’s Tribal, Cultural, and Paleontological
Resources Guidelines and applicable General Plan goals and polices to ensure impacts would be less than
significant (City of Carlsbad 2015a).
Under existing conditions, the Project site is currently developed with two single-family residences. No areas
on the Project site contain undisturbed land. A pedestrian survey of the project site did not reveal any
cultural resources (Loveless Linton, Inc April 2021) Therefore, the likelihood that intact archeological
resources exist on the Project site is low due to previous site disturbance. The city’s Tribal, Cultural, and
Paleontological Resources Guidelines also identify fully developed areas of the city as having low
archeological resource sensitivity. Nonetheless, as recommended in Appendix A, due to the lack of
subsurface testing, it is recommended to have a qualified Archaeological Principal managing the project
and a qualified archaeological monitor present. Per the City of Carlsbad Tribal, Cultural and Paleontological
Guidelines (Carlsbad, 2017), the project shall implement Standard Treatment 5 for construction
monitoring, which requires the following:
Standard Treatment 5: Construction Monitoring
Monitoring by a qualified professional archaeologist, Native American monitor, and/or tribal representative
shall only be used after reasonable and good-faith efforts, as determined by the City and through
consultation, have been made to identify eligible cultural resources or significant tribal cultural resources
prior to project approval. Monitoring can also be used to ensure avoidance of eligible cultural resources or
significant tribal resources during ground-disturbing activities. Monitoring is appropriate in the following
circumstances (and shall follow the requirements and provisions of Section 8.2.2.4 when tribal cultural
resources are involved):
• when buried archaeological or known or potential tribal cultural resources are likely in the vicinity,
but their specific location is unknown;
• when ground-disturbing activities will come within 100 feet of a recorded non-tribal eligible cultural
resource;
• When within, or within close proximity to, a known or potential TCR;
• when installing or verifying the placement and integrity of temporary exclusionary (orange barrier
or silk) fencing around resources that must be avoided; and/or
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• when “pioneering” (breaking ground for) temporary/preliminary access roads for geotechnical
trenching or boring.
Monitoring is considered a last resort to minimizing or mitigating adverse effects and is not the default
treatment for all projects. Any monitoring required must be justified and balanced by a reporting schedule.
Should the City determine that monitoring is not an appropriate mitigation, then the City, with permission
from the landowner, may extend an opportunity to members of the public or consulting parties to visit the
project during construction on a volunteer basis, provided that the visitors receive safety training and sign
liability release waivers. The City shall not have the authority to grant property access to private property
over the objections of the landowner
This recommendation is consistent with General Plan Policy 7-P.8 and 7-p.9, which state:
7-P.8 During construction of specific development projects, require monitoring of grading,
ground-disturbing, and other major earthmoving activities in previously undisturbed areas
or in areas with known archaeological or paleontological resources by a qualified
professional, as well as a tribal monitor during activities in areas with cultural resources of
interest to local Native American tribes. Both the qualified professional and tribal monitor
shall observe grading, ground-disturbing, and other earth-moving activities.
7-P.9 Ensure that treatment of any cultural resources discovered during site grading complies
with the City of Carlsbad Cultural Resource Guidelines. Determination of the significance
of the cultural resource(s) and development and implementation of any data recovery
program shall be conducted in consultation with interested Native American tribes. All
Native American human remains and associated grave goods shall be returned to their
most likely descendent and repatriated. The final disposition of artifacts not directly
associated with Native American graves shall be negotiated during consultation with
interested tribes; if the artifact is not accepted by Native American tribes, it shall be offered
to an institution staffed by qualified professionals, as may be determined by the City
Planner. Artifacts include material recovered from all phases of work, including the initial
survey, testing, indexing, data recovery, and monitoring
Therefore, with compliance with the General Plan, implementation of the Project would not cause a
substantial adverse change in the significance of an archaeological resource pursuant to §15064.5.
Impacts would be less than significant.
Human remains, particularly those interred outside formal cemeteries, could be disturbed during grading,
excavation, or other ground-disturbing activities associated with future development pursuant to the
General Plan. However, Health and Safety Code Section 7050.5 includes specific provisions for the
protection of human remains in the event of discovery.
Under existing conditions, the Project site is currently developed with two single-family residences. No areas
on the Project site contain undisturbed land. Therefore, the likelihood that human remains exist on the
Project site is low due to previous site disturbance. Moreover, the city’s Tribal, Cultural, and Paleontological
Resources Guidelines also identify fully developed areas of the city as having low archeological resource
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sensitivity. Therefore, implementation of the Project would not result in disturbance of any human remains,
including those interred outside of dedicated cemeteries. Impacts would be less than significant.
Further, Health and Safety Code § 7050.5, CEQA Guidelines § 15064.5(e), and PRC § 5097.98 mandate
the regulatory process to be followed in the unlikely event of an accidental discovery of any human remains
in a location other than a dedicated cemetery. Specifically, the process is as follows:
The San Diego County Coroner must be notified within 24 hours of the discovery of potentially
human remains. The Coroner must then determine within two working days of being notified if the
remains are subject to his or her authority. If the Coroner recognizes the remains to be Native
American, he or she must contact the NAHC by phone within 24 hours. The NAHC then designates
a Most Likely Descendant (MLD) with respect to the human remains within 48 hours of notification.
The MLD will then have the opportunity to recommend to the Project proponent means for treating
or disposing, with appropriate dignity, the human remains and associated grave goods within 24
hours of notification.
Although unlikely, there is the possibility of human remains being discovered during ground disturbing
activities on the Project site. Project compliance with Health and Safety Code § 7050.5, CEQA Guidelines
§ 15064.5(e), and PRC § 5097.98 would ensure potential impacts to human remains would not result in
any peculiar or site-specific impacts than were already identified in the GP/CAP FEIR.
3.6 Energy
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to energy including: resulting in potentially significant environmental impact due to wasteful,
inefficient, or unnecessary consumption of energy resources, during project construction or operation,
and/or conflicts with or obstruct a state or local plan for renewable energy or energy efficiency?
YES NO
The GP/CAP FEIR concluded impacts due to wasteful, inefficient, or unnecessary energy consumption
would be less than significant. Development pursuant to the General Plan would increase future energy
consumption within the city, resulting in additional demand for electricity and natural gas supply and
services. The General Plan contains policies to ensure energy efficient designs in new development and
encourage energy efficiency upgrades in existing development, both of which would minimize wasteful,
inefficient energy consumption. Further, all projects are required to comply with existing California Building
Code (CBC), include Title 24 which ensures new structures achieve ever-increasing energy efficiency
standards. Therefore, required compliance with Title 24 energy performance standards and General Plan
energy conservation policies was determined to ensure less than significant impacts in the GP/CAP FEIR
(City of Carlsbad 2015a).
Construction
During construction, temporary electric power use would be required for as-necessary lighting and electronic
equipment. Fuels for construction would primarily consist of diesel and gasoline, which would be consumed
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throughout construction of the Project by construction equipment and vehicles traveling to and from the Project
site. Due to the relatively small size of the Project and temporary nature of construction, energy used during
construction would be minimal in comparison to regional energy consumption. Additionally, the Project would be
required to CARB’s ATCMs to reduce air emissions as discussed above in Section 3.3, Air Quality. Compliance
with CARB’s ATCMs would also reduce energy usage such as through limits on idling time. Finally, the
construction of the project is considered previously accounted for in the GP/CAP FEIR because the uses
are consistent with the underlying land use designation and zoning. Therefore, the Project would not result
in the wasteful, inefficient, or unnecessary consumption of energy resources during construction. Impacts
would be less than significant.
Operation
During operation, the Project would require electricity for multiple purposes including, but not limited to,
building heating and cooling, lighting, appliances, refrigeration, electronics, and other uses associated with
the Project’s land uses. Natural gas would not be used. Petroleum used during Project operation would
primarily consist of Project residents, employees, and customers traveling to and from the Project site.
Although the Project would utilize energy during project operation, the project would be designed to maximize
energy performance and would comply with Title 24 energy performance standards. More specifically, the
proposed project would comply with efficiency standards regarding roofing, ceilings, and insulation; comply
with wet appliance energy efficiency standards; utilize low-pollutant emitting exterior and interior finish
materials, such as adhesives, sealants, caulks, paints and coatings, carpet systems, and composite wood
products; and comply with energy efficiency requirements for dry appliances and lighting. Additionally,
regarding petroleum, over the lifetime of the Project, the fuel efficiency of the vehicles being used by the
residents, employees, and customers is expected to increase. As such, the amount of petroleum consumed
as a result of vehicular trips to and from the Project site during operation would decrease over time. Finally,
the Project site is currently developed with two single-family residences which utilize energy on the Project
site. Therefore, redevelopment of the Project site would result in less net energy usage than development on
a vacant lot. Implementation of the Project would not result in the wasteful, inefficient, or unnecessary
consumption of energy resources during operation. Impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to conflicts with state or local plans for renewable energy or
energy efficiency would be less than significant. As discussed in the GP/CAP FEIR, all future development
pursuant to the General Plan would be required to comply with the latest California Building Code (CBC)
requirements, including CBC Energy Efficiency Standards, as well as all federal, state, and local rules and
regulations pertaining to energy consumption and conservation. The General Plan also includes goals and
policies which emphasize citywide energy reduction strategies. Therefore, through implementation of the
city’s General Plan policies, and concurrent implementation of the city’s Climate Action Plan (CAP), the
GP/CAP FEIR determined the General Plan would assist the city in meeting energy reduction goals and GHG
emission reduction targets resulting in a less than significant impact related to conflicts with state or local
plans for renewable energy or energy efficiency (City of Carlsbad 2015a).
The Project would comply with Title 24 of the California Code of Regulations, which contains energy
efficiency standards for residential and non-residential buildings based on a state mandate to reduce
California’s energy demand. Specifically, Title 24 addresses a number of energy efficiency measures that
impact energy used for lighting, water heating, heating, and air conditioning, including the energy impact of
the building envelope such as windows, doors, skylights, wall/floor/ceiling assemblies, attics, and roofs.
Part 6 of Title 24 specifically establishes energy efficiency standards for residential and non-residential
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buildings constructed in the State of California in order to reduce energy demand and consumption. The
Project would comply with Title 24, Part 6, per state regulations. In addition, Title 24, Part 11, contains
mandatory energy measures that are applicable to the Project under the CALGreen Code.
The Project would result in an increased demand for electricity, and petroleum. In accordance with Title 24
mandatory compliance, the Project would comply with efficiency standards regarding roofing, ceilings, and
insulation; comply with wet appliance energy efficiency standards; utilize low-pollutant emitting exterior and
interior finish materials, such as adhesives, sealants, caulks, paints and coatings, carpet systems, and
composite wood products; and comply with energy efficiency requirements for dry appliances and lighting.
Compliance with all of these mandatory measures would decrease the consumption of electricity and
petroleum. Because the Project would comply with Title 24, no conflict with existing energy standards and
regulations would occur. Impacts would be less than significant.
3.7 Geology and Soils
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that result in one or
more effects from geology and soils including: exposure of people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault,
seismic-related ground failure, including liquefaction, strong seismic ground shaking, or landslides; result
in substantial soil erosion or the loss of topsoil; produce unstable geological conditions that will result in
adverse impacts resulting from landslides, lateral spreading, subsidence, liquefaction or collapse; being
located on expansive soil creating substantial risks to life or property; and/or having soils incapable of
adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers
are not available for the disposal of wastewater.
YES NO
A preliminary geotechnical investigation was prepared for the proposed project by GeoSoils Inc. in
December 2020 and has been incorporated as Appendix B of this document. The results of the preliminary
geotechnical investigation have been incorporated into the analysis below.
Seismic activity is to be expected in Southern California. However, the city is not listed as being affected by
an Alquist-Priolo Earthquake Fault Zone (City of Carlsbad 2015a). As the Project site is located within the
city, implementation of the Project would result in no impact related to rupture of a known earthquake fault,
as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map.
Although the Project site and city are not listed as being affected by an Alquist-Priolo Earthquake Fault
Zone, the potential for seismic ground shaking still exists as the city is located within a seismically active
region. The nearest known faults are the Rose Canyon and Newport-Inglewood faults, located approximately
3.8 miles west and approximately 4 miles northwest of the city’s western boundary, respectively (City of
Carlsbad 2015a). Per the preliminary geotechnical investigation, the project site is subject to moderate to
strong ground shaking should an earthquake occur along any of a number of the regional, Holocene-active
fault systems. However, future development pursuant to the General Plan would be required to comply with
the city’s Building Codes and Regulations (Municipal Code Title 18) and the most recent building design
standards of the CBC, which require all structures to be designed and constructed to resist the effects of
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earthquake motions. In addition, the project would be required to comply with the recommendations
outlined in the preliminary geotechnical investigation, such as foundation design requirements and
retaining wall design parameters, which would ensure impacts associated with seismic ground shaking
would be less than significant.
The GP/CAP FEIR concluded impacts due to seismic related ground failure including liquefaction would be
less than significant. As discussed therein, while some areas of the city have a higher risk of liquefaction
due to the presence of hydric soils or soils that are often saturated or characteristic of wetlands, most of
the city has a low liquefaction risk. For all future development pursuant to the General Plan, and particularly
development in areas with higher liquefaction risk, new buildings would be constructed in compliance with
the city’s Building Codes and Regulations, the CBC, and the General Plan policies to reduce risk of seismic-
related ground failure, including from liquefaction. According to the GP/CAP FEIR, the Project site is not
located within a potential liquefaction hazard area (City of Carlsbad 2015a). The Project would also be
required to comply with the city’s Building Codes and Regulations, the CBC, General Plan policies, and the
recommendations of the preliminary geotechnical investigation, to reduce risk of seismic related ground
failure, including from liquefaction. Therefore, impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to landslides would be less than significant. As discussed therein,
landslide risk is determined by steep slopes that have 25 percent or greater incline, soil series data, and
soil-slip susceptibility. The city does not include any areas identified as being susceptible to landslides and
the overall risk of landslides is low. The Project site and surrounding area are relatively flat (i.e., slopes far
below 25%) and not located near any hills, the susceptibility of the proposed project to significant landslide
events is considered low. In addition, the Project would also be required to comply with the city’s Building
Codes and Regulations, the CBC, General Plan policies, and the recommendations of the preliminary
geotechnical investigation, which would also reduce risks associated with landslides. Therefore, no impact
due to landslides would occur.
The GP/CAP FEIR concluded impacts due to substantial soil erosion or the loss of topsoil would be less than
significant. As discussed therein, the city has the potential for erosion from water, wind, and
agricultural/development tillage, as well as coastal erosion from storms and rising sea-levels. However,
future development pursuant to the General Plan would be required to comply with the city’s Grading
Ordinance (Municipal Code Chapter 15.16), which establishes minimum requirements for grading,
including the requirement to obtain a grading permit. The grading permit requires a stormwater
maintenance program, construction stormwater pollution prevention plan (SWPPP), and other such
documentation and information as may be necessary to demonstrate that the grading work will be carried
out in substantial compliance with all city codes and standards, and the requirements of the city’s
Landscape Manual. The city also has a designated Coastal Resource Protection Overlay Zone where
additional protection efforts are necessary. Through compliance with city regulations, codes, and
ordinances, impacts related to soil erosion or the loss of topsoil were determined to be less than significant
(City of Carlsbad 2015a).
The Project site is located on disturbed land that is currently developed with two single-family residences
and is not located within the city’s Coastal Zone (City of Carlsbad 2019). Soil erosion and/or the loss of
topsoil would be likely to occur when soil is exposed during construction activities. Wind and water are the
two main methods of erosion, and human activities that remove vegetation or otherwise disturb soil are
the biggest influence on erosion potential. Per the preliminary geotechnical investigation, soils present at
the project site are considered erosive. However, the proposed project would be required to comply with
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the recommendations outlined in the preliminary geotechnical investigation, which includes temporary
erosion control measures and design of site drainage to eliminate the potential of concentrated flows along
the ground surface (Appendix B). Further, the Project would be required to obtain a grading permit, and
comply with subsequent grading requirements, which would reduce soil erosion during construction. The
Project would require submittal of a SWPPP for review and approval by city staff. The SWPPP describes the
erosion and sediment control Best Management Practices (BMPs) to be used during the construction
phase. Thus, impacts would be less than significant.
The GP/CAP FEIR concluded impacts to geologic units being unstable would be less than significant. As
discussed therein, the city does not include any areas identified as being susceptible to landslides, and the
overall risk of landslides is low. Subsidence risk is also low in the County due to the prevalence of granitic
soils. Although some areas of the city have higher risk of liquefaction, liquefaction risk is considered low in
most of the city. Future development pursuant to the General Plan would be required to comply with the
city’s Grading Ordinance, which requires a geotechnical investigation as part of the grading permit
application process that would identify potential hazards and provide recommendations consistent with
city standards (City of Carlsbad 2015a).
The Project site and surrounding area are relatively flat and not located near any hills. Thus, per the
preliminary geotechnical investigation, potential landslide impacts are considered low. Additionally, the
Project site is not located in a potential liquefaction hazard area as identified by the GP/CAP FEIR (City of
Carlsbad 2015a) and the preliminary geotechnical investigation indicated that potential for liquefaction on-
site is relatively low. The Project site is also not located in an area of subsidence risk.
Consistent with the determination in the GP/CAP FEIR, the Project would be required to obtain a grading
permit, which requires a geotechnical investigation as part of the grading permit application process that
would identify potential hazards and provide recommendations consistent with city standards. Per the
preliminary geotechnical investigation, undocumented artificial fill is present on-site. In addition, perched
groundwater was encountered on-site, which could result in geotechnical hazards. However, the proposed
project would be required to comply with the recommendations outlined in the preliminary geotechnical
investigation to address potential soil hazards associated with artificial fill and perched groundwater on-
site. More specifically, artificial fill would be removed to expose the underlying weathered old paralic
deposits, and then be reused as compacted fills in accordance with the recommendations of the
geotechnical investigation. To address potential issues associated with perched groundwater,
recommendations in the geotechnical investigation include installation of concrete cut-off barriers or
vertically installed impermeable membranes along the perimeter of the project’s driveway; placement of a
subgrade enhancement geotextile (SEG) atop the driveway subgrade; increased fill compaction to 95
percent of the laboratory standard (per ASTM D 1557); deepening footings to extend at least 1 foot below
the pavement subgrade; and implementation of low permeability concrete is in the construction of the
building foundations and slab-on-grade floor. Therefore, compliance with grading permit requirements and
the recommendations outlined in the preliminary geotechnical investigation would ensure impacts would
be less than significant.
The GP/CAP FEIR concluded impacts due to expansive soils would be less than significant. As discussed
therein, most of the soils in the city have low shrink-swell potential. However, future projects pursuant to
the General Plan may be located on expansive soils. Compliance with the city’s Grading Ordinance, which
requires a geotechnical investigation as part of the grading permit application process that would identify
potential hazards and provide recommendations consistent with city standards, was determined to ensure
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impacts associated with expansive soils would be less than significant (City of Carlsbad 2015a). Consistent
with the determination of the GP/CAP FEIR, the Project would be required to comply with the city’s Grading
Ordinance, and subsequent grading permit requirements, which would reduce risks to life and property
associated with expansive soils. Additionally, the Project would be required to comply with the CBC including
Title 24. Therefore, impacts would be less than significant.
Finally, the Project would connect to the existing sewer system and does not propose use of septic tanks.
Therefore, no impact due to the use of septic tanks or alternative wastewater disposal systems would occur.
The GP/CAP FEIR concluded impacts to paleontological resources would be less than significant. As
discussed therein, geologic formations in the city are primarily the Lusardi Formation of the Cretaceous Age
as well as the Santiago Formation and Del Mar Formation of the Tertiary Age that overlie the Lusardi
Formation. These formations are known to produce significant fossils or have the potential to contain
fossils. Therefore, future development pursuant to the General Plan could result in direct or indirect impacts
to paleontological resources, and specifically during grading, excavation, and ground-disturbing activities.
However, the majority of development anticipated pursuant to the General Plan, such as the proposed
project, would involve redevelopment of or new development within existing developed areas. Compliance
with the General Plan policies would minimize or avoid impacts to paleontological resources, in addition to
subsequent measures to be implemented as applicable (City of Carlsbad 2015a).
Under existing conditions, the Project site is currently developed with two single-family residences. No areas
on the Project site contain undisturbed land. Therefore, the likelihood that intact paleontological resources
exist on the Project site is low due to previous site disturbance. Further, the project includes a total of
approximately 200 cubic yards of cut, which is a small amount of excavation and not likely to encounter
depths that were not disturbed by previous grading and development activity. Nonetheless, as
recommended in Appendix A, due to the lack of paleontological evaluation within the high sensitivity area,
it is recommended to consult with and conduct a record search with the San Diego Natural History Museum
prior to all earth-moving activities within the project area. This recommendation is consistent with General
Plan Policy 7-P.8, which states:
7-P.8 During construction of specific development projects, require monitoring of grading,
ground-disturbing, and other major earthmoving activities in previously undisturbed areas
or in areas with known archaeological or paleontological resources by a qualified
professional, as well as a tribal monitor during activities in areas with cultural resources of
interest to local Native American tribes. Both the qualified professional and tribal monitor
shall observe grading, ground-disturbing, and other earth-moving activities.
Therefore, with compliance with the General Plan Policy 7-P.8, implementation of the Project would not
directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Impacts
would be less than significant.
3.8 Greenhouse Gas Emissions
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that result in one or
more new significant effects or a substantial increase in the severity of previously identified significant
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effects associated with greenhouse gas emissions or compliance with applicable plans, policies or
regulations adopted for the purpose of reducing greenhouse gas emissions?
YES NO
The GP/CAP FEIR concluded impacts due to the generation of greenhouse gas emissions that may have a
significant effect on the environment would be less than significant. The city prepared its CAP in September
2015, which was subsequently revised and updated in May 2020. city
A CAP Consistency Checklist was prepared for the proposed project by Rincon Consultants, Inc in January
2021 and incorporated as Appendix C of this document. Per the CAP Consistency Checklist, the proposed
project would be consistent with the city’s CAP, through implementation of features such as light emitting
diode (LED) lighting in outdoor areas; not exceeding 90 percent of the energy budget per Title 24, Part 6,
Energy Budget for the Standard Design Building; implementation of on-site photovoltaic systems; use of
steel framing for the non-residential component of the project; installation of water heating systems that
meet the criteria outlined in city Ordinances CS-348 and CS-347 and Sections 150.1(c)8A and 120.11 of
the California Energy Code; installation of an electric vehicle charging system (Level II) in each residential
garage and one electric vehicle charging system (Level II) for employee parking (Appendix C). Therefore,
impacts would be less than significant.
The GP/CAP FEIR concluded impacts to conflicts with applicable plans, policies or regulations adopted for
reducing GHG emissions would be less than significant. Through implementation of city policies as
delineated in the proposed General Plan, and implementation of the CAP, the proposed General Plan would
support the 2009 San Diego RES renewable energy goals and the CARB passenger vehicle GHG emissions
reduction targets through measures that would reduce vehicle miles traveled (VMT) throughout the city.
Additionally, CARB’s LCFS, which aims to reduce the carbon intensity of the life-cycle of gasoline and diesel
fuels by 10 percent by 2020, would further assist in meeting energy reduction goals and GHG emission
reduction targets.
As discussed above, the proposed project would be consistent with the city’s CAP. In addition, the project
would be consistent with the zoning and land use designation of the project site. Therefore, GHG emissions
associated with the project have been accounted for in existing documents, including the city’s CAP. Lastly,
the project would comply with all applicable regulations to the extent required by law and would implement
General Plan policies aimed towards reducing GHG emission. Therefore, the project would not generate
conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
GHGs. Impacts would be less than significant.
3.9 Hazards and Hazardous Materials
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that result in one or
more effects from hazards and hazardous materials including: creation of a significant hazard to the public
or the environment through the routine transport, storage, use, or disposal of hazardous materials or
wastes; creation of a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials into the environment;
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production of hazardous emissions or handling hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school; location on a site which is included on a
list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 creating a
hazard to the public or the environment; location within an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport; within the vicinity of a private
airstrip resulting in a safety hazard for people residing or working in the project area; impair implementation
of or physically interfere with an adopted emergency response plan or emergency evacuation plan; and/or
exposure of people or structures to a significant risk of loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
YES NO
The GP/CAP FEIR concluded impacts due to the routine transport, use, or disposal of hazardous materials
would be less than significant. Future development pursuant to the General Plan would potentially include
land uses that would require the routine use, transport, and disposal of hazardous materials and waste
within the city. Future construction activities associated with development pursuant to the General Plan
may also generate hazardous materials and waste, such as fuels and oils from construction equipment and
vehicles. However, the transport, storage, use, and disposal of hazardous materials and wastes is
extensively regulated by federal, state, and local policies, which provide a high level of protection to the
public. Regulations associated with using, transporting, or disposing of hazardous materials include
Resource Conversion and Recovery Act (RCRA), the Emergency Planning and Community Right-to-Know Act,
the Hazardous Materials Transportation Act, California Health and Safety Code, CCR Title 22, CCR Title 27,
SB 1889, and the Consolidated Fire Code. The city continues to maintain permitting requirements, as
administered by the County of San Diego’s DEH requirements, for all land uses that handle, store, or
generate hazardous waste. Compliance with General Plan policies and federal and state regulations was
determined to ensure impacts associated with the routine use, transport, and disposal of hazardous
materials would be less than significant (City of Carlsbad 2015a).
The Project would involve demolition of the two existing single-family residences onsite and development
of four condominiums, a professional office, and associated parking. Construction of the Project would
involve the transport of commonly used hazardous substances, such as gasoline, diesel fuel, lubricating
oil, grease, and solvents. However, as previously described, hazardous materials are highly regulated in
California, including the methods by which they are transported, used, and stored. All such uses of these
substances would be subject to applicable and required regulatory controls. Additionally, construction is
temporary and use of these materials would cease upon completion. The use of these materials for their
intended purpose would not pose a significant risk to the public or environment. Therefore, impacts would
be less than significant during construction.
During Project operation, the transport, use, or disposal of hazardous materials would be limited to consumer
products such as household cleaning products, landscaping chemicals and fertilizers, and other substances
associated with household and office uses, similar to the existing land uses. However, as previously described,
hazardous materials are highly regulated in California, including the methods by which they are transported,
used, and stored. All such uses of these substances would be subject to applicable and required regulatory
controls. Additionally, transport, use, and disposal of consumer product by future project occupants would
not create a significant hazard to the public or the environment as these are regularly used and typically
obtained in small quantities. Therefore, impacts would be less than significant.
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The GP/CAP FEIR concluded impacts due to upset or accident conditions involving the release of hazardous
materials into the environment would be less than significant. As discussed therein, future development
pursuant to the General Plan could involve the use, transportation, disposal, and storage of hazardous
materials in the city. Accordingly, accident conditions involving the release of hazardous materials into the
environment could occur. However, the County DEH, Hazardous Material Division is the designated Certified
Unified Program Agency (CUPA) for the County. With proper implementation of CUPA programs, in
conjunction with other state and federal regulations, impacts of reasonably foreseeable accidents and/or
upset conditions involving the release of hazardous materials were determined to be less than significant
(City of Carlsbad 2015a).
Construction of the Project would result in the transport of commonly used hazardous substances, such as
gasoline, diesel fuel, lubricating oil, grease, and solvents. However, hazardous materials are highly
regulated in California, including the methods by which they are transported, used, and stored. Compliance
with applicable regulations would reduce potential for reasonably foreseeable upset and accident of such
hazardous substances during construction. Additionally, construction is temporary and use of these
materials would cease upon completion.
Once Project construction is complete, the transport, use, or disposal of hazardous materials would be
limited to consumer products such as household cleaning products, landscaping chemicals and fertilizers,
and other substances associated with household and office uses. Furthermore, all hazardous materials
would be transported and handled in accordance with all federal, state, and local laws regulating the
management and use of hazardous materials, reducing the potential for reasonably foreseeable upset and
accident of such hazardous substances during construction. Additionally, potential upset and accident
conditions from consumer products used by future project occupants would not create a significant hazard
to the public or the environment as these are regularly used products and typically obtained in small
quantities. Therefore, impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to emissions or handling of hazardous materials within one
quarter mile of an existing or proposed school would be less than significant. As discussed therein, future
development could result in the handling of hazardous materials or generation of hazardous emissions
within one-quarter mile of an existing or proposed school. However, individual users of hazardous materials
would continue to be regulated by local disclosure, permitting, and notification requirements of the
“Disclosure of Hazardous Materials” program consistent with all federal, state, and local laws. Additionally,
the General Plan encourages compatibility of adjacent land uses, which would limit the ability for users of
substantial amounts of hazardous materials, such as industrial uses, from operating near a school (City of
Carlsbad 2015a). The Project site is located approximately 0.45 miles southwest of the nearest school
(Buena Vista Elementary School). Therefore, the Project would not emit hazardous emissions or handle
hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of a school.
Impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to projects included on the Cortese list that could create a
significant hazards to the public or the environment would be less than significant. As discussed therein,
there are a number of sites in the city that are included on a list of hazardous material sites compiled
pursuant to Government Code Section 65962.5 or that need further investigation. However, the General
Plan contains policies designed to lessen the impact of sites contaminated with hazardous materials.
Therefore, implementation of General Plan policies was determined to ensure the impact of posing a
significant hazard to the public or environment through a project’s location on a site included on a list of
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hazardous material sites compiled pursuant to Government Code Section 65962.5 would be less than
significant. The Project site is not contained on any lists compiled pursuant to Section 65962.5 or on the
California DTSC (EnviroStor) and State Water Resources Control Board (SWRCB) (GeoTracker) databases
for contaminated sites (DTSC 2021; SWRCB 2021). Therefore, no impact would occur.
The GP/CAP FEIR concluded impacts due to project located within an airport land use plan or within two
miles of a public airport would be less than significant. As discussed in the GP/CAP FEIR, the General Plan
guides future development to be consistent with the land use compatibility policies of the McClellan-
Palomar Airport Land Use Compatibility Plan (ALUCP). The city also requires review of all proposed
development projects within the Airport Influence Area (AIA) to ensure consistency with the ALUCP (City of
Carlsbad 2015a). The Project site is located approximately 4.25 miles northwest of the McClellan-Palomar
Airport and is not within the AIA. Therefore, the Project would not result in a safety hazard or excessive noise
for people residing or working in the Project area and no impact would occur.
The GP/CAP FEIR concluded impacts to emergency response and evacuation plans would be less than
significant. As discussed therein, the city has adopted the City of Carlsbad Emergency Operations Plan
(EOP) prepared in conjunction with the Unified San Diego County Emergency Services Organization.
Although future development pursuant to the General Plan could affect implementation of the city’s EOP,
implementation of General Plan policies and required compliance with the city’s EOP was determined to
ensure impacts would be less than significant (City of Carlsbad 2015a).
The Project would result in development of 4 condominiums, a professional office, and associated parking
on an infill site. During Project construction, a temporary, slight increase in traffic on roadways surrounding
the Project site may occur due to increased truck loads or the transport of construction equipment to and
from the Project site during demolition of the existing single-family residences and construction of the
Project. However, all construction activities including staging would occur in accordance with city
requirements, which would ensure that adequate emergency access to the Project site in the event of an
emergency or evacuation order would be provided during construction of the Project. Additionally, as
discussed in Section 3.17, the Project would result in the net addition of 25 average daily trips (ADT) during
Project operation, which is minimal and would not be expected to interfere with emergency response or
evacuation. This anticipated increase is consistent with the General Plan. Therefore, the Project would not
impair implementation of or physically interfere with an adopted emergency response or emergency
evacuation plan, including the city’s EOP. Impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to exposure of people and structures to wildland fires would be
less than significant. Due to natural vegetation areas located within and adjacent to the city, the city is a
medium fire hazard area for wildland fires which threaten both developed and undeveloped property,
primarily in the eastern portion of the city. However, much of the new development pursuant to the General
Plan would replace existing structures built before modern building codes for fire safety and building
systems were in place. Thus, projected buildout would replace older facilities with newer facilities that would
comply with modern building code requirements, including Chapter 9 (Fire Protection Systems) of the
California Building Code, which requires such improvements as fire sprinkler systems and fire alarms. In
addition, urban wildland fire risk will be reduced through the adoption of the Uniform Fire Code
implemented by the city, which states all portions of a building shall be within 150 feet of a serviceable fire
access road. In addition, the Carlsbad Fire Department provides adequate service to city residents in the
event of fire hazards in wildlands and urban areas. Lastly, General Plan Policies 6-P.33 and 6-P.35 would
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reduce potential impacts associated with the risk of loss, injury, or death involving wildland fires (City of
Carlsbad 2015).
The Project site is not located within a fire hazard severity zone. A “moderate” threat fire hazard severity
zone is located approximately 700 feet north of the Project site (City of Carlsbad 2015a). Nonetheless, due
to distance of this area and intervening development, the Project would not expose people or structures to
a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands. In addition, the Project would be
required to comply with existing regulations, such as the Uniform Fire Code and the California Building
Code, to prevent the spread of wildfire, and would implement General Plan Policies 6-P.33 and 6-P.35,
directed to reduce impacts associated with wildfire. Therefore, the Project would not expose people or
structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.
Impacts would be less than significant.
3.10 Hydrology and Water Quality
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to hydrology and water quality including: violation of any waste discharge requirements; an increase
in any listed pollutant to an impaired water body listed under section 303(d) of the Clean Water Act; cause
or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or
degradation of beneficial uses; substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local
groundwater table level; substantially alter the existing drainage pattern of the site or area in a manner
which would result in substantial erosion, siltation or flooding on- or off-site; create or contribute runoff
water which would exceed the capacity of existing or planned storm water drainage systems; provide
substantial additional sources of polluted runoff; place housing or other structures which would impede or
redirect flood flows within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard delineation map, including County Floodplain Maps; expose
people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a
result of the failure of a levee or dam; and/or inundation by seiche, tsunami, or mudflow?
YES NO
The GP/CAP FEIR concluded that impacts to surface or ground water quality would be less than significant.
Water quality standards and waste discharge requirements set out in Municipal Permit Order No. Order R9-
2015-0100 (MS4 Permit), National Pollutant Discharge Elimination System (NPDES) Permit No.
CAS0109266, issued by the San Diego Regional Water Quality Control Board (RWQCB). As NPDES Permit
CAS0100266 is based on the federal Clean Water Act, the Porter–Cologne Water Quality Control Act
(Division 7 of the Water Code, commencing with Section 13000), applicable state and federal regulations,
all applicable provisions of statewide water quality control plans and policies adopted by the State Water
Resources Control Board (SWRCB), the Water Quality Control Plan for the San Diego Basin adopted by the
RWQCB, the California Toxics Rule, the SIP , and NPDES compliance would ensure compliance with other
applicable plans and regulations pertaining to water quality. The General Plan would allow for additional
development within the city that would increase the amount of impervious surfaces and could therefore
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increase the amount of runoff and associated pollutants during both construction and operation. However,
the city’s Stormwater Pollution Prevention Plan (SWPPP) Manual, included as Volume 4 of the city’s
Engineering Standards, requires every construction activity within the city that has the potential to
negatively affect water quality to prepare a construction (SWPPP). The SWPPP requirements ensure
compliance with the City of Carlsbad Stormwater Ordinance and the Municipal Permit. Projects that would
result in the disturbance of one acre or more of land or would create more than 5,000 square feet of
impervious surfaces are subject to the post-construction priority development project requirements in the
city’s SWPPP Manual and must prepare a storm water management plan in conformance with city
standards. Projects that are limited to trenching and resurfacing associated with utility work that do not
disturb more than one acre are subject to the post-construction standard storm water requirements.
Standard storm water requirements are located in Volume 4 and Volume 5 of the city’s Engineering
Standards. The SWPPP accommodates the requirements of the city’s NPDES Permit, thereby ensuring
NPDES compliance.
In addition, the GP/CAP FEIR determined that the General Plan incorporates various goals and policies
pertaining to water quality and promote the protection of the city’s natural water bodies, prevent water
pollution from agricultural run-off and other sources, ensure preparation and implementation of applicable
water quality plans, require incorporation of BMPs, and otherwise ensure compliance with the city’s NPDES
Permit and other related regulations. These goals and policies include Goal 4-G-12, Policy 5-P.56, 4-P.57, 4-
P.58, 4-P.59, 4-P.60, 4-P.61, 4-P.62, 4-P.63, 4-P.64. Overall, the GP/CAP FEIR concluded that the General
Plan policies would promote improved water quality in the city and continued compliance with federal, state,
and local water quality regulations, and would ensure that water quality is protected to the maximum extent
practicable. Therefore, implementation of the General Plan and the city’s SWPPP ensures that impacts to
hydrology and water quality are less than significant (City of Carlsbad 2015).
The proposed project would result in disturbance of approximately 0.32 acres, including creating 0.16 acres
of new impervious surface. The city’s Engineering Standards requires every construction activity within the
city that has the potential to negatively affect water quality to prepare a construction SWPPP. Therefore,
the proposed project would be required to prepare a SWPPP prior to construction and comply with the
SWPPP requirements to ensure construction runoff was property treated.
Projects that do not disturb more than one acre are subject to the post-construction standard storm water
requirements. In addition, projects must meet, at a minimum, standard storm water requirements,
including LID requirements. To address post-development pollutants that may be generated from the
proposed projects, Form E-34, Stormwater Standards Questionnaire and E-36, Standard Project
Requirement Checklist were prepared for the proposed, which incorporates Permanent Storm Water Best
Management Practices (BMPs) into the project design per the City of Carlsbad BMP Design Manual. The E-
34 Stormwater Standards Questionnaire and E-36 Standard Project Requirement Checklist have been
incorporated as Appendix D.
Per the E-34 Stormwater Standards Questionnaire, the proposed project is a standard project and is subject
to Standard Project subject to Trash Capture Requirements and must comply with Trash Capture
Requirements of the Carlsbad BMP Design Manual, and would also be required to incorporate LID
strategies. The project would implement the following LID strategies per Form E-36:
• Sidewalk and walkways would direct runoff to pervious areas
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• Parking areas/lots, driveways and patios/decks/courtyards would be constructed of permeable
materials,
• Rooftops would install BMPs to direct runoff to impervious areas
• Sustainable landscaping would be installed; and
• Trash and refuse storage would have overhead covering and wind protection
The proposed project would be required to comply with all existing regulations related to water quality,
including NPDES Permit No. CAS0109266. Lastly, the proposed project would comply with existing General
Plan policies, including Goal 4-G-12, Policy 5-P.56, 4-P.57, 4-P.58, 4-P.59, 4-P.60, 4-P.61, 4-P.62, 4-P.63,
4-P.64, implemented to promote water quality. Therefore, the project would not violate any water quality
standards or waste discharge requirements or otherwise substantially degrade surface or ground water
quality. Impacts would be less than significant.
The GP/CAP EIR concluded impacts to groundwater would be less than significant. The only groundwater
basin located within the city is the Batiquitos Lagoon Valley Groundwater Basin. The groundwater in this basin
is not considered a good source of irrigation or municipal use due to the high content of chloride, sulfate, and
total dissolved solids. The primary purveyor of water for the city is the Carlsbad Municipal Water District
(CMWD), which currently does not utilize any local groundwater or surface water supplies to serve the city.
The city’s Storm Water Standards Manual contains numerous goals and policies to prevent stormwater
pollution that could affect groundwater quality. In addition, various General Plan policies, including 9-P.5
and 9-P.6, would help to reduce water usage and future demands for groundwater. Overall, impacts on
groundwater associated with the General Plan were determined to be less than significant (City of
Carlsbad 2015).
The Project would not propose groundwater extraction during construction or operational activities. Because
the proposed would be consistent with the zoning and General Plan land use designation of the project site,
the project has been accounted for in the projected growth of the city and as such would not result in a
significant increase of water of groundwater use in the city. In addition, the proposed project would result in
redevelopment of the project site, and therefore would not introduce a substantial increase in impervious
surfaces, that could result in significant impacts to groundwater recharge. Additionally, the project would
adhere to General Plan goals and policies that are aligned with sustainable groundwater management, as
well as existing regulations, such as the city’s SWPPP, to prevent stormwater pollution that could affect
groundwater quality. Therefore, the project would not substantially decrease groundwater supplies or interfere
substantially with groundwater recharge such that the project may impede sustainable groundwater
management of the basin. Impacts would be less than significant.
The GP/CAP EIR concluded impacts due to the alteration of existing drainage patterns that would either result
in substantial erosion or siltation, or a substantial increase in the rate or amount of runoff would be less than
significant. Increases to impervious surfaces, such as roofs, patios, driveways, and parking areas would lead to
increased stormwater flow. An increase in runoff volumes could result in hydromodification effects to the creek
systems within the city, which occur when rainfall runoff is increased from impervious areas above the natural
rainfall rate that would otherwise occur. However, any development that would occur under the General Plan
would be subject to the erosion and runoff control provisions contained in the city’s SWPPP, Jurisdictional
Runoff Management Plan (JRMP) and the city’s Grading and Drainage Ordinances. Specific development
occurring during buildout of the General Plan would also comply with flood damage prevention measures
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contained in Chapter 21.110 of the city’s Municipal Code. These measures restrict development in areas
of special flood hazards and control erosion, which would in turn limit and control the alteration of existing
drainage patterns. Adherence to local regulations would ensure that, in the course of development under
the General Plan, watercourses and drainage patterns would not be altered in a manner that would
significantly increase the rate or amount of either runoff or erosion, thereby causing on- or off-site flooding.
In addition, the General Plan goals and policies, including 4-P.56, 4-P.57, and 4-P.63, are intended to
preserve natural watercourses or naturalized drainage channels, and to ensure future development
incorporates BMPs to reduce runoff from a site. For these reasons, erosion and siltation impacts associated
with the General Plan would be less than significant (City of Carlsbad 2015).
The proposed project would be subject to existing regulations, including the erosion and runoff control
provisions contained in the city’s SWPPP, JRMP, the city’s Grading and Drainage Ordinances, and flood
damage prevention measures contained in Chapter 21.110 of the city’s Municipal Code. In addition, the
project would include redevelopment of the project site, which is surrounded by development an all sides;
as such, the development of the Project would not cause a significant change to surface bodies of water in
a manner that could cause siltation or erosion, thereby causing on- or off-site flooding. Upon completion of
construction, the project would result in a slight increase of impervious areas on-site; thus, the project
would reduce potential erosion or siltation from occurring on the site. In addition, the proposed project
would be required to comply with the recommendations outlined in the preliminary geotechnical
investigation, which includes temporary erosion control measures and design of site drainage to eliminate
the potential of concentrated flows along the ground surface (Appendix B). Lastly, the project would
implement General Plan goals and policies, including 4-P.56, 4-P.57, and 4-P.63, which are intended to
preserve natural watercourses or naturalized drainage channels, and to ensure future development
incorporates BMPs to reduce runoff from a site. Therefore, the project would not substantially alter the
existing drainage pattern of the site or area, including through the alteration of the course of a stream or
river or through the addition of impervious surfaces, in a manner which would result in substantial erosion
or siltation on or off site. Impacts would be less than significant.
The GP/CAP EIR concluded impacts due to runoff which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff would be less than
significant. Future development/redevelopment allowed under the General Plan could impact the existing
drainage system. Increases to impervious surfaces, such as roofs, patios, driveways, and parking areas would
lead to increased stormwater flow. However, the City of Carlsbad’s Grading and Drainage Ordinances and
SWPPP Manual ensure compliance with NPDES permit requirements, as well as with applicable state and
federal laws. Additionally, every construction activity within the city that has the potential to negatively affect
water quality must prepare a construction SWPPP. The SWPPP requirements in the SWPPP Manual ensure
compliance with the Carlsbad Grading and Drainage Ordinance. Projects that would result in the disturbance of
one acre or more of land or would create more than 5,000 square feet of impervious surfaces are subject to the
post-construction priority development project requirements in the city’s SWPPP Manual and must prepare a
SWPPP. Projects that are limited to trenching and resurfacing associated with utility work that do not disturb
more than one acre are subject to the post-construction standard storm water requirements.
Furthermore, the proposed General Plan, which would guide development in the city over the next 20 years,
contains goals and policies pertaining to water quality, including Goal 4-G.12 and Policies 4-P.48 and 4-P.56,
through 4-P.63. The proposed goals and policies promote the protection of the city’s natural water bodies,
prevent water pollution from agricultural run-off and other sources, ensure preparation and implementation
of applicable water quality plans, require incorporation of BMPs, and otherwise ensure compliance with the
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city’s NPDES Permit and other related regulations. Overall, the proposed General Plan goals and policies
would promote improved water quality in the city and continued compliance with federal, state, and local
water quality regulations, and would ensure that water quality is protected to the maximum extent practicable.
Compliance with the city’s current regulations and the General Plan policies such as Goal 4-G.12 and Policies
4-P.48 and 4-P.56, through 4-P.63 would ensure that the runoff as a result of future development under the
General Plan would not exceed the capacity of existing or planned storm drain systems or generate substantial
pollutant runoff. Therefore, impacts would be less than significant (City of Carlsbad 2015).
During construction, the proposed project would be required to prepare a SWPPP to ensure the project does
not negatively affect water quality. In addition, the project would result in a slight increase of impervious areas
on-site. However, the proposed project would be required to implement BMPs and LID requirements in order
to reduce the volume of runoff from impervious surfaces and increase the amount of natural filtration of
pollutants from storm water occurring on site. All runoff generated by the project would discharge into the
city’s storm drain system. Lastly, the project would implement General Plan goals and policies, to ensure the
Project would not exceed the capacity of drainage systems or provide substantial additional sources of
polluted runoff. Therefore, through compliance with existing regulations, the project would not create or
contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff. Impacts would be less than significant.
The GP/CAP EIR concluded impacts due to impeding or redirecting flood flows would be less than
significant. The city requires a special use permit for any development proposed in areas of special flood
hazards and areas of flood-related erosion hazards (Municipal Code Chapter 21.110). The Floodplain
Management Regulations restrict or prohibit land uses considered unsafe in a floodplain. Developments
that are not subject to the Floodplain Management Regulations are also reviewed by the City of Carlsbad
Land Development Engineering Division for flooding potential. Proposed grading and drainage
improvements are analyzed to ensure that drainage is not diverted from its natural drainage basin to
another basin that was not designed to take that additional flow. In addition, General Plan goal and policies
such as Goal 6-G.1 and Policies 6-P.4 through 6-P.11 would further reduce any potential impacts
associated with structures located within flood hazard areas. Therefore, compliance with the city’s
regulations regarding building within flood hazard areas and General Plan policies, would ensure that flood
impacts associated with the General Plan would be less than significant (City of Carlsbad 2015).
As shown in Figure 3.8-1 of the GP/CAP EIR, the proposed project would not be located within a 100-year
floodway or floodplain of a 500-year floodplain (City of Carlsbad 2015). In addition, as discussed above,
the project has been reviewed by the City of Carlsbad Land Development Engineering Division for flooding
potential. Therefore, the project would not impede or redirect flood flows, and impacts would be less than
significant.
The GP/CAP EIR concluded impacts due to the release of pollutants due to project inundation in flood
hazard, tsunami and seiche zones would be less than significant. Figure 3.8-1 of the GP/CAP EIR, show
Federal Emergency Management Agency (FEMA)-designated 100-year and 500-year flood hazard zones
within the city (City of Carlsbad 2015). The city requires a special use permit for any development proposed
in areas of special flood hazards and areas of flood-related erosion hazards (Municipal Code Chapter
21.110). Developments that are not subject to the Floodplain Management Regulations are also reviewed
by the City of Carlsbad Land Development Engineering Division for flooding potential. As shown in Figure
3.8-3 or the GP/CAP EIR, the only areas identified within the city as having risk for tsunami run-up are the
immediate vicinity of the Buena Vista, Agua Hedionda, and Batiquitos Lagoons. Seiches are defined as
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wave-like oscillatory movements in enclosed or semi-enclosed bodies of water such as lakes of reservoirs.
Potential effects from seiches include flooding damage and related hazards in surrounding areas from
spilling or sloshing waves, as well as increased pressure on containment structures. The County of San
Diego maps zones of high risk for dam inundation throughout the county. The high-risk areas are located
east of the Agua Hedionda and Batiquitos Lagoons (City of Carlsbad 2015).
Per Figure 3.8-3 of the city’s GP/CAP EIR, the project would not be located within a tsunami projected runup
zone (City of Carlsbad 2015). In addition, the project is not located east of the Agua Hedionda and Batiquitos
Lagoons and is not adjacent to the ocean. Therefore, potential for seiche is not considered high in the vicinity
of the project site. Therefore, the project is not located in flood hazard, tsunami, or seiche zones, and would
not the risk release of pollutants due to project inundation. Impacts would be less than significant.
Since the adoption of the GP/CAP FEIR in 2015, the CEQA Guidelines Appendix G Environment Checklist
was updated to include conflict with or obstruct implementation of a water quality control plan or
sustainable groundwater management plan as an additional threshold to be analyzed. Therefore, this
threshold was not previously explicitly analyzed in the GP/CAP FEIR. However, the GP/CAP EIR determined
impacts associated with water quality and groundwater management be less than significant (see
Thresholds a and b, above, respectively).
The proposed project would comply with all applicable provisions of statewide water quality control plans
and policies adopted by the SWRCB, the Water Quality Control Plan for the San Diego Basin adopted by the
RWQCB, the California Toxics Rule, the SIP, and NPDES compliance would ensure compliance with other
applicable plans and regulations pertaining to water quality. In addition, the only groundwater basin within
the city is the Batiquitos Lagoon Valley Groundwater Basin. The groundwater in this basin is not considered
a good source of irrigation or municipal use due to the high content of chloride, sulfate, and total dissolved
solids. The Batiquitos Lagoon Valley Groundwater Basin is considered a very low priority basin and therefore
implementation of a or sustainable groundwater management plan is not required (Department of Water
Resources 2019).
3.11 Land Use and Planning
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to land use and planning including: physically dividing an established community; and/or conflicts
with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project
adopted for the purpose of avoiding or mitigating an environmental effect?
YES NO
The GP/CAP FEIR concluded there to be no impact due to the physical division of an establish community.
Implementation of the General Plan was determined to improve connectivity within and between existing
neighborhoods and provide more linkages within the city and the region (City of Carlsbad 2015a).
The Project would result in development of 4 condominiums, a professional office, and associated parking
on an infill site within an established community as contemplated by the General Plan. While the project
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would include a General Plan Amendment and Zone Change, these actions would not result in development
that would be inconsistent with the underlying planned and permitted uses, would not introduce different
uses to an area, and would not divide the community. Impacts would be less than significant.
The GP/CAP FEIR determined no impact to result from the division of an established community. As the
Project would have no impact for the reasons detailed above, the Project would be consistent with the
analysis provided within the GP/CAP FEIR because it would not result in project-specific peculiar impacts
not identified within the GP/CAP FEIR.
The GP/CAP FEIR concluded impacts due to conflicts with land use plans, policies, or regulations adopted
for the purpose of avoiding or mitigating an environmental effect would be less than significant. As
discussed in the GP/CAP FEIR, the General Plan was determined not to conflict with any other agencies’
applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an
environmental effect, and the preparation of amendments to other city policies and regulations where
required was incorporated into the General Plan (City of Carlsbad 2015a).
The Project site is designated as R-15 (Residential) and R-15/O (Residential and Office) and zoned RD-M
(Residential Density-Multiple Zone) and R-P-Q (Residential Professional – Qualified Development Overlay
Zone). The proposed uses would comply with the existing zoning and land use designations on the Project
site; however, the Project would include a Tentative Tract Map, Zone Change, and General Plan Amendment
for land use re-designation to allow for the construction of four residential air-space condominiums and an
office use. The Tentative Tract Map will consolidate two lots and subdivide the project site for residential
air-space and commercial condominiums. To avoid a split zone development, the General Plan Amendment
and Zone Change are proposed to change the land use designation to R—15/O and the zone to R-P-Q to
allow both multi-family residential and office on one lot. However, it is noted that the proposed uses are
consistent with the intensity and density allowed under the existing zoning and land use designations of the
Project site. Upon approval, the Project would be consistent with the city’s Zoning Ordinance and General
Plan and would be compatible with surrounding development including the residential and office uses in
the immediate vicinity. The Project would be constructed pursuant to development standards contained in
the Zoning Ordinance, including building setbacks, building heights, lot coverage, land uses, grading, and
parking. Finally, as discussed throughout this Checklist, the Project would not result in any significant and
unavoidable environmental impacts. Thus, because the Project would not result in any environmental
impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or
mitigating an environmental effect, impacts would be less than significant.
3.12 Mineral Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to mineral resources including: the loss of availability of a known mineral resource that would be of
value to the region and the residents of the state; and/or loss of locally-important mineral resource recovery
site delineated on a local general plan, specific plan or other land use plan?
YES NO
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The GP/CAP FEIR concluded there to be no impacts due to the loss of availability of a known mineral
resource that would be of value to the region and residents of the state or the loss of availability of a locally
important mineral resource recovery site delineated on a local general plan, specific plan, or other land use
plan. As discussed therein, no mineral resources of economic value to the region and the residents of the
state have been identified in the city. Additionally, the city has not been delineated as a locally important
mineral recovery site (City of Carlsbad 2015a). The Project would result in development of 4 condominiums,
a professional office, and associated parking on an infill site within the city. No impact would occur.
3.13 Noise
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that result in one or
more effects from noise including: exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance, or applicable standards of other
agencies; exposure of persons to or generation of excessive groundborne vibration or groundborne noise
levels; a substantial permanent increase in ambient noise levels in the project vicinity above levels existing
without the project; a substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project; for projects located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a public airport or public use airport, or for
projects within the vicinity of a private airstrip, would the project expose people residing or working in the
project area to excessive noise levels?
YES NO
The GP/CAP FEIR concluded impacts due substantial temporary or permanent increase in ambient noise
levels would be less than significant. As discussed therein, noise sources associated with implementation of
the General Plan include temporary construction noise mainly generated by on-site construction equipment
and the transportation of equipment, materials, and workers to and from construction sites, and permanent
noise associated with traffic from new development and increased land use intensity. Regarding temporary
construction noise, the GP/CAP FEIR, concluded compliance with the city’s Noise Ordinance and General Plan
Noise Element goals and policies would reduce noise levels from construction traffic and activities to less
than significant levels. Additionally, future development pursuant to the General Plan would undergo
environmental review for individual projects, where additional mitigation would be implemented as required
to maintain less than significant noise levels from construction (City of Carlsbad 2015a).
Construction
The city’s Noise Ordinance exempts noise sources associated with construction activities from 7:00 a.m.
to 6:00 p.m., Monday through Friday, and from 8:00 a.m. to 6:00 p.m. on Saturdays. Typical noise
limitations apply on Sundays and federal holidays. In accordance with the city’s Noise Ordinance,
construction of the Project would occur during the permissible hours, and the amount and type of
construction would be consistent with the amount of construction anticipated in the General Plan.
Therefore, noise associated with construction of the Project would be less than significant.
Operation
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Regarding permanent noise from traffic and increased land use intensity, additional traffic noise would vary
depending on a combination of factors such as variations in daily traffic volumes, shielding provided by
existing and proposed structures, intervening ground properties and meteorological conditions. However,
similarly to temporary construction noise, noise associated with future traffic and development pursuant to
the General Plan would also be required to comply with the city’s Noise Ordinance and General Plan Noise
Element goals and policies to maintain less than significant noise levels. Specifically, the Noise Element’s
Land Use and Noise Compatibility Policies encourage development of compatible land uses and requires
the use of project design techniques such as increasing setbacks and using non-sensitive buildings to
shield noise-sensitive outdoor spaces from noise (City of Carlsbad 2015a).
Outdoor Spaces
During Project operation, the Project would be required to comply with the city’s noise regulations, which
require exterior noise levels of 65 CNEL or less at outdoor use areas of mixed-use developments and interior
noise levels of 45 CNEL or les in residential space. As determined in the Acoustical Analysis Report for
Townhouse Duplexes and Professional Office Mixed Use, December 2020, prepared by Eilar Associates,
Inc. (Appendix E), all private outdoor use areas would have noise impacts of 65 CNEL or less, in compliance
with the city’s noise standards. Additionally, worst-case traffic noise impacts were calculated at building
facades and were found to range from 46 CNEL at the east facade of the commercial building to 65 CNEL
at the west facade of Unit 1 (Appendix E). Therefore, noise levels at outdoor spaces would meet city noise
standards and impacts would be less than significant.
Interior Residential Spaces
Within dwelling unit interiors, calculations show that worst-case traffic noise levels at the west and south
facades of Unit 1 exceed 60 CNEL; therefore, interior noise levels may exceed 45 CNEL with windows open
at Unit 1. Façade noise impacts at Units 2, 3, and 4 are not expected to exceed 60 CNEL however, and
therefore they are expected to meet the 45 CNEL limit. Accordingly, only Unit 1 was further analyzed in
Appendix E. The exterior wall is proposed to be constructed of stucco over plywood sheathing over 2x6
wood-studs, with a single layer of gypsum board on the interior. This assembly was evaluated for the interior
noise analysis conducted in all rooms within Unit 1. With the proposed exterior wall and exterior windows
and glass doors with a minimum STC rating of 25 in place, interior noise levels were determined to remain
below 45 CNEL in all rooms within Unit 1 with windows and exterior doors closed. However, noise levels
would exceed 45 CNEL with windows open. Accordingly, mechanical ventilation is proposed for all habitable
spaces within Unit 1. In instances where interior habitable space is exposed to noise levels greater than 45
CNEL with all windows and patio doors in the open position, appropriate means of air circulation and
provision of fresh air must be present to allow windows to remain closed for extended intervals of time so
that acceptable levels of noise can be maintained on the interior. With the proposed exterior wall assembly,
exterior glazing with an STC rating of 25, and mechanical ventilation in Unit 1, all interior residential space
is expected to comply with City of Carlsbad and State of California noise requirements. Units 2, 3, and 4
are expected to meet interior noise limits with typical construction methods, and therefore, no specific
project design features are required for interior noise control in these units (Appendix E). Impacts would be
less than significant.
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Interior Professional Office
CALGreen requires that nonresidential structures that are exposed to greater than 65 dBA during any hour
of operation must control interior noise levels to be 50 dBA or less. Contemporary exterior building
construction is expected to achieve at least 15 decibels of exterior-to-interior noise attenuation with
windows open. As a result, exterior noise levels of more than 65 dBA can result in interior conditions that
fail to meet the 50 dBA requirement for nonresidential space. As calculated in Appendix E, noise impacts
at non-residential building facades are not anticipated to exceed 65 CNEL. Therefore, all non-residential
spaces on-site are expected to comply with the state’s interior noise regulations of 50 CNEL or less with
typical building construction, and therefore, no special design features are required for non-residential
spaces (Appendix E). Impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to the generation of excessive groundborne vibration would be
less than significant. As discussed therein, sources of groundborne vibration and noise associated with
implementation of the General Plan include construction activities, heavy vehicles traveling on roadways
and trains on nearby sensitive land uses, and operation of heavy equipment associated with certain
industrial operations. However, construction of development pursuant to the General Plan would be
required to comply with noise limitations specified in the city’s Noise Ordinance. Additionally, sensitive land
uses are not anticipated to be sited within distances susceptible to significant vibration from heavy vehicles
traveling on roadways (i.e. primarily freeways) and railroads. The city’s Municipal Code (Planned Industrial
Zone, Chapter 21.34.090, Performance Standards) also contains requirements for limitations on the
operation of heavy vibration-causing equipment. Accordingly, construction and operation of future
development pursuant to the General Plan was determined to result in a less than significant impact upon
compliance with the city’s Municipal Code (City of Carlsbad 2015a).
The Project could result in temporary groundborne vibration and/or noise during construction activities.
However, heavy machinery associated with more conventional construction activities (such as bulldozers,
heavy trucks, etc) typically produces negligible levels of groundborne vibration beyond a distance of
approximately 25 feet. Additionally, as described above, the city’s Noise Ordinance exempts noise
associated with construction activities from 7:00 a.m. to 6:00 p.m., Monday through Friday, and from 8:00
a.m. to 6:00 p.m. on Saturdays. In accordance with the city’s Noise Ordinance, construction of the Project
would occur during the permissible hours. Further, the project includes a limited amount of earthwork, and
due to the smaller size of the project site (approximately 1/3 of an acre), smaller construction equipment
would be anticipated to be employed. Therefore, groundborne vibration and noise associated with
construction of the Project would be less than significant. Operation of the Project would not result in any
ongoing activities that would induce groundborne vibration or noise. Therefore, no groundborne vibration
or noise impacts would occur during operation.
The GP/CAP FEIR concluded impacts to projects located within the vicinity or a private airstrip or airport
land use plan would be less than significant. McClellan-Palomar Airport ALUCP includes development
policies regarding the compatibility of development areas and exposure to noise. Additionally, the General
Plan Noise Element includes goals and policies to encourage development of compatible land uses within
the AIA as depicted in the ALUCP. Therefore, compliance with the city’s General Plan Noise Element and
the ALUCP was determined to ensure less than significant impacts (City of Carlsbad 2015a).
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The Project site is located approximately 4.25 miles northwest of the McClellan-Palomar Airport and is not
within the AIA. Therefore, the Project would not expose people residing or working in the project area to
excessive noise levels and no impact would occur.
3.14 Population and Housing
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that result in one or
more effects to population and housing including displacing substantial numbers of existing housing or
people, necessitating the construction of replacement housing elsewhere?
YES NO
The GP/CAP FEIR concluded impacts due to unplanned growth would be less than significant. As discussed
therein, buildout of the General Plan would increase the city’s buildout from the existing 46,382 dwelling
units to approximately 54,599 dwelling units for a total buildout population of approximately 135,000. The
city’s share of the county population is expected to increase slightly, from 3.4 percent in 2013 to 3.6
percent in 2035. The estimated population growth resulting from the General Plan was determined to be
consistent with or below the growth assumptions of the city’s Growth Management Plan (City of Carlsbad
2015a).
Since adoption of the General Plan, the City Council adopted the Housing Element Update in May 2021.
The Housing Element provides for opportunities for the city to provide more housing in compliance with the
city’s latest Regional Housing Needs Assessment (RHNA) allocation. The Housing Element Update also
comports with recent revisions in state law providing for the production or more housing, including
compliance with SB 330 which limits local agencies ability to restrict housing development.
The Project would result in the development of four condominiums and a professional office at intensities
that are consistent with the plan intensities under the General Plan. Moreover, the Project site currently
contains two single-family residences so the net increase of the project would amount to two condominium
units or 5.2 persons (based on 2.61 persons per housing as identified in the May 2021 Housing Element
Update). Therefore, the net housing and population inducement amount to less than on the Project site
would be negligible. Impacts would be less than significant.
The GP/CAP FEIR concluded there to be no impact due to displacement of a substantial number of people
or housing. As discussed therein, implementation of the General Plan would not directly displace any
housing units, businesses, or people. Redevelopment of existing uses would likely occur; however, such
development would take place over time and development pursuant to the General Plan would facilitate
anticipated growth within the city (City of Carlsbad 2015a).
The Project would involve demolition of the two existing single-family residences on the Project site and
development of four condominiums. Due to the relatively small scale of the proposed development, the
Project would not result in the displacement of a substantial number of existing people or housing. Rather,
the Project would redevelop the Project site to include more housing than existing conditions. Impacts
would be less than significant.
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3.15 Public Services
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that result in one or
more substantial adverse physical impacts associated with the provision of new or physically altered
governmental facilities or the need for new or physically altered governmental facilities, the construction of
which could cause significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the following public services: fire protection,
police protection, schools, parks, or other public facilities?
YES NO
The GP/CAP FEIR concluded impact to fire service to be less than significant. Fire stations 1 and 2 were
determined to need remodeling or reconstruction. Station 3 was already planned to be relocated to the
Robertson Ranch Master Plan area. Although these stations were identified as needing upgrades, the
GP/CAP FEIR determined that renovation or relocation of existing facilities would cause a minimal increase
to the city’s built footprint and would not result in significant effects on the environment. Additionally,
policies contained in the General Plan serve to keep service demand increases to a minimum and new
development would occur in areas already well-served by fire protection services. Accordingly, impacts were
determined to be less than significant (City of Carlsbad 2015a). Since adoption of the 2015 General Plan,
the planned relocation of Station 3 was completed.
The Project would result in development of four condominiums and a professional office, which would
require fire protection services. However, the Fire Department already serves the Project site as two existing
single-family residences exist on-site. The closest Fire Station is Station 1, located approximately 0.4 mile
east of the Project site. Redevelopment of the project site would increase the land use intensity of the site,
which may slightly increase demand for fire protection services. However, the Project site is already located
in a well-served area and would not significantly increase demand for fire services to the extent that new
facilities would be required to maintain acceptable service ratios, response times, or other performance
objectives. Finally, the Project would be required to pay development impact fees in accordance with the
city’s most recently adopted Master Fee Schedule. Therefore, impacts would be less than significant.
The GP/CAP FEIR concluded impacts to police protection would be less than significant. As discussed
therein, in order to accommodate increases in demand from population growth, the city’s Police
Department expects the need to grow. The Police Department has been considering relocating some or all
of its services within the Public Safety and Service Center or to other facilities in order to meet the space
needs of additional staff and equipment. Relocating services to and from this space or nearby facilities
would not necessitate new construction, and therefore would have minimal effects on the environment.
However, it was also considered to expand the Public Safety and Service Center, which would require new
construction. The General Plan contains policies which serve to mitigate any increases in demand for police
services and any physical alterations of the Public Safety and Service Center would have limited impact on
the city’s built environment. Ultimately, the GP/CAP FEIR concluded that compliance with existing building
and construction codes, as well as General Plan policies, would ensure impacts are less than significant
(City of Carlsbad 2015a).
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The Project would result in development of four condominiums and a professional office, which would
require police protection services. However, the Police Department already serves the Project site as two
existing single-family residences exist on-site. Redevelopment of the project site would increase the land
use intensity of the site, which may slightly increase demand for police protection services. However, the
Project site is already located in a well-served area and would not significantly increase demand for police
services to the extent that new facilities would be required to maintain acceptable service ratios, response
times, or other performance objectives. Finally, the Project would be required to pay development impact
fees in accordance with the city’s most recently adopted Master Fee Schedule. Therefore, impacts would
be less than significant.
The GPU EIR concluded impacts to schools would be less than significant. As discussed therein, the city’s
student population is expected to remain relatively stable or decline in three of the four school districts
serving the city. Although development pursuant to the General Plan would result in additional students
from new housing units, ongoing demographic trends are causing reductions in the population of school-
aged children in the city. Projected changes in enrollment and capacity based on buildout of the General
Plan were also determined to be adequately served by existing school capacity.
The Project would result in development of four condominiums and a professional office, which may induce
new student populations within the city. However, due to the relatively small scale of the Project, in addition
to the GP/CAP FEIR’s determination that student populations in the city would be served by existing school
capacity, any potential students generated by the Project would be minimal and would be served by existing
schools within the Carlsbad Unified School District (CUSD). Additionally, the Project would be required to
pay developer fees in accordance with the CUSD’s most recently adopted fee rates. Therefore, impacts
would be less than significant.
For the GP/CAP FEIR analysis on parks see Section 3.16(a) below. In summary, given the existing park
facilities and planned parkland within the city, and General Plan policies that support the city’s Growth
Management Plan, a surplus of parkland was anticipated to accommodate the buildout population of the
General Plan without any resulting deterioration of existing parks. Impacts to parks and recreation facilities
were determined to be less than significant (City of Carlsbad 2015a).
The Project would generate population growth on the site as discussed in Section 3.14 above. However,
the net population increase from demolition of the existing two single-family residences and construction
of four condominiums and a professional office would be minimal. As determined in the GP/CAP FEIR, a
surplus of parkland was also anticipated to accommodate development pursuant to the General Plan.
Additionally, the Project would be required to pay development impact fees in accordance with the city’s
most recently adopted Master Fee Schedule. Therefore, impacts would be less than significant.
The GP/CAP FEIR concluded impacts to other public facilities would be less than significant. An increase in
population from the new addition of two new condominium units will cause a nominal increase in demand
for public services, including libraries. Buildout of the General Plan is anticipated by the GP/CAP FEIR to
result in a deficit in library space, though the deficit is expected to occur gradually over the planning horizon.
If new or expanded library facilities are planned and constructed in the future, such a project would have
to demonstrate compliance with CEQA, and would be subject to building and construction codes that would
ensure construction activities have minimal effects on the environment. Additionally, as discussed in the
GP/CAP FEIR, the city would have a surplus of administrative space at buildout of the General Plan for other
public facilities. Should additional space become necessary, these needs could be met through the leasing
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or purchase of existing space rather than through new construction. Finally, the General Plan includes
policies that promote ongoing development of library facilities and complement the Growth Management
Plan in such a way that new residential development could not be permitted unless adequate services and
facilities were guaranteed. Such policies include charging impact fees on new development to fund the
future construction of public facilities. Accordingly, impacts were determined to be less than significant (City
of Carlsbad 2015a).
The Project would generate population growth on the site as discussed in Section 3.14 above. However,
the net population increase from demolition of the existing two single-family residences and construction
of four condominiums and a professional office would be minimal. Therefore, population induced by the
Project would not result in the need for new or physically altered governmental facilities, including library
facilities and other public facilities. Impacts would be less than significant.
3.16 Recreation
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that result in an
increase in the use of existing neighborhood and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or be accelerated; or that include recreational
facilities or require the construction or expansion of recreational facilities which might have an adverse
physical effect on the environment?
YES NO
The GP/CAP FEIR concluded impacts due to deterioration of recreational facilities due to increase use
would be less than significant. Development associated with future land uses consistent with the General
Plan would increase population in the form of new residents in the city. These new residents are expected
to use park and recreational facilities, and this additional use may result in greater demands on parks and
recreational facilities in the city such that deterioration of these facilities could occur or be accelerated.
Applying the city’s current park standard of 3.0 acres per 1,000 population in each city quadrant, projected
demand for parkland at buildout would be an additional 393.5 acres citywide. Meanwhile, development of
planned parks under the General Plan would increase the city’s parkland by 443.9 acres, resulting in a
surplus distributed among all four of the city’s quadrants. Therefore, park provision under the General Plan
would be more than sufficient to accommodate demand from future residents and impacts were
determined to be less than significant (City of Carlsbad 2015a).
The Project would result in minor population growth on the site. The net population increase from demolition
of the existing two single-family residences and construction of four condominiums and a professional
office would be minimal. As determined in the GP/CAP FEIR, a surplus of parkland was also anticipated to
accommodate development pursuant to the General Plan. Additionally, the Project would be required to
pay development impact fees in accordance with the city’s most recently adopted Master Fee Schedule,
including park fees. Therefore, impacts would be less than significant.
The GP/CAP FEIR concluded impacts due to the construction or expansion of recreation facilities would be
less than significant. At buildout of the General Plan, the city would have a surplus in parkland to
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accommodate anticipated increased population. The General Plan also contains policies that complement
the facilities performance standards established by the citywide Facilities and Improvements Plan and
ensure the continued maintenance of park quality. General Plan policies directly reference the Growth
Management Plan park standard, and describe specific implementation guidelines for achieving it. The
policies also require that new and existing parks are assessed for their abilities to meet the recreational
needs of nearby residents in terms of amenities and accessibility. They also seek to ensure that new parks
are developed or existing parks are improved concurrently with any development that would generate an
increase in park users in the vicinity (City of Carlsbad 2015a). Finally, future development of parks and
recreation facilities in the city would be required to comply with building and construction codes, and
undergo environmental review as required.
The Project would include development of four condominiums and a professional office and would not
include any recreational facilities. Additionally, as previously described, the city would have a surplus of
parkland at buildout of the General Plan. Therefore, the Project would not require the construction of new
or expanded recreational facilities. Finally, the Project would be required to pay development impact fees
in accordance with the city’s most recently adopted Master Fee Schedule, including park fees. Therefore,
impacts would be less than significant.
3.17 Transportation
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause effects to
transportation/traffic including whether the project would result in: conflicts with a program, plan,
ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian
facilities; conflicts or inconsistency with CEQA Guidelines section 15064.3, subdivision (b); substantial
increase in hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment); and/or inadequate emergency access?
YES NO
The GP/CAP EIR concluded this impact to be significant and unavoidable. In summary, the General Plan
would improve pedestrian, bicycle, and transit infrastructure and would implement goals and policies that
would further reduce impacts to those facilities. The General Plan is not inconsistent with nor does it conflict
with any policies, plans, or programs regarding public transit, roadway, bicycle, or pedestrian facilities or
the performance or safety of those facilities (City of Carlsbad 2015).
The project site is currently developed with a single-family rental residence. The project involves the
demolition of the existing two existing single-family rental units and development of four condominium units
with a standalone professional office building. Therefore, the amount of vehicle trips generated as a result
of the Project would be negligible and would not result in a significant increase of trips at the project site
that would result in a conflict with a program, plan, ordinance, or policy addressing the circulation system,
including transit, roadway, bicycle, and pedestrian facilities. Additionally, the project would be consistent
with the General Plan’s adopted goals and policies. Consistent with development pursuant to the General
Plan, the Project would not conflict with any policies, plans, or programs regarding public transit, roadway,
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bicycle, golf cart network, or pedestrian facilities or the performance or safety of those facilities. Impacts
would not occur.
Since the time of adoption of the GP/CAP EIR, state law has required that transportation impacts be based
on vehicle miles traveled (VMT) instead of LOS. In 2013, the California Legislature adopted Senate Bill 743
(SB 743), which amended CEQA to require transportation impacts to be determined using a threshold that
balances congestion management with greenhouse gas reductions by measuring vehicle miles traveled (VMT)
and directed the Office of Planning and Research (OPR) to revise the CEQA Guidelines to reflect this change.1
The resulting CEQA Guideline section setting VMT as the transportation significance metric requires the
change to be implemented by July 1, 2020.2 In January 2019, California’s Natural Resources Agency
finalized updates to the CEQA Guidelines including the incorporation of the SB 743 modifications. The
changes were approved by the Office of Administrative Law and are now in effect. As such, as of July 1,
2020, LOS can no longer be the basis for determining an environmental effect under CEQA, and the analysis
of impacts to transportation is now based on VMTs.
Per the SANDAG Not So Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region,
condominium projects (or any multi-family project of 6 to 20 dwelling unit per acre) is anticipated to
generate approximately 8 ADT per dwelling unit. Therefore, the four proposed units would generate 32 ADT.
Single-tenant office use is anticipated to generate approximately 14 ADT per 1,000 square feet of office
use (SANDAG 2002). Using the 14 ADT per 1,000 square foot of office trip generation, a total of 13 ADT is
expected from the office use.
Combined, the proposed project would generate approximately 45 ADT (32 ADT from the residential uses
and 13 ADT from the office use). The two existing single-family homes would generate 20 ADT (10 trips per
home); therefore, the net increase is 25 ADT.
TDM requirements for new developments vary by development type and the expected average daily employee
trips (see Table 2-1 TDM Plan Applicability). All developments that meet the threshold of 110 employee ADT
are required to submit a TDM plan using the TDM Plan template for the respective tier (TDM Plan Templates
for Non-Residential Projects) and are subject to the same monitoring and reporting schedule described in
section 2.7. The proposed project would generate a total of 45 ADT, which is below the Screening Criteria of
110 ADT. Therefore, the proposed project is screened out from additional VMT analysis under Section 3.2.1.
Small Projects, under the City’s VMT Guidelines. Therefore, the proposed project would be exempt from a TDM
plan (City of Carlsbad 2019). As such, because vehicle trips generated by the Project would be negligible, the
Project would not conflict with CEQA Guidelines section 15064.3, subdivision (b). Thus, impacts would be less
than significant.
1 Public Resources Code Section 21099(b)(2) provides that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion shall not be considered a significant impact on the environment pursuant to this division.”
2 CEQA Guidelines section 15064.3(b)(1), (b)(4), and (c) provide that “Vehicle miles traveled exceeding an applicable threshold of
significance may indicate a significant impact. . . . A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled. . . . Beginning on July 1, 2020, the provisions
of this section shall apply statewide
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As the Project would have less than significant impacts for the reasons detailed above, the Project would
be consistent with the analysis provided within the GP/CAP EIR because it would not increase impacts
identified within the GP/CAP EIR and would not result in project-specific peculiar impacts not identified in
the GP/CAP EIR.
The GP/CAP EIR concluded this impact to be less than significant. Per the GP/CAP EIR, various policies,
including policy 3-P.10, 3-P.12, 3-P.13, and 3-P.16, have been implemented into the proposed General
Plan in order to ensure that design hazards would not occur and that impacts would be less than significant.
Policies identified in the GP that support the reduction of hazards or incompatible uses include, but are not
limited to: design new streets, and explore funding opportunities for existing streets, to minimize traffic
volumes and/or speed, as appropriate, within residential neighborhoods without compromising
connectivity for emergency first responders, bicycles, and pedestrians consistent with the city’s Carlsbad
Active Transportation Strategies (Policy 3-P.12); consider innovative design and program solutions to
improve the mobility, efficiency, connectivity, and safety of the transportation system. Innovative design
solutions include, but are not limited to, traffic calming devices, roundabouts, traffic circles, curb
extensions, separated bicycle infrastructure, pedestrian scramble intersections, high visibility pedestrian
treatments and infrastructure, and traffic signal coordination (Policy 3-P.13); engage Caltrans, the Public
Utilities Commission, transit agencies, the Coastal Commission, and railroad agency(s) regarding
opportunities for improved connections within the city (Policy 3-P.16). Therefore, with compliance with
existing laws, rules and regulations, the Project, pursuant to the GP, would not substantially increase
hazards due to a geometric design feature or incompatible uses (City of Carlsbad 2015).
Access to the Project site would be provided via Jefferson Street. The Project does not include any
substantial changes to the geometry of streets or intersections. Additionally, the Project would adhere to
the aforementioned policies of the GP and would comply with existing laws, rules and regulations.
Therefore, impacts associated with hazardous design features would be less than significant.
The GP/CAP EIR concluded this impact to emergency response be less than significant. Per the GP/CAP
EIR, emergency accessibility typically is assessed at a project-level. Implementation of the following
proposed Policies identified in the GP that support the reduction of potential impacts associated with
emergency access include, but are not limited: design new streets, and explore funding opportunities for
existing streets, to minimize traffic volumes and/or speed, as appropriate, within residential neighborhoods
without compromising connectivity for emergency first responders, bicycles, and pedestrians consistent
with the city’s Carlsbad Active Transportation Strategies (Policy 3-P.12); encourage physical planning and
community design practices that deter crime and promote safety (Policy 6-P.29); maintain close
coordination between planned improvements to the circulation system within the city and the location of
fire stations to assure adequate levels of service and response times to all areas of the community (6-
P.30); and enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection
standards for all existing and proposed structures (Policy 6-P.33) (City of Carlsbad 2015).
As discussed above, access to the Project site would be provided via Jefferson Street. The Project driveways
would be designed and constructed according to city standards under the direction of a licensed and
qualified engineer. The Project site would be accessible to emergency responders during construction and
operation of the Project. Additionally, the Project would adhere to GP policies and implementation actions
related to emergency access. Finally, the net increase of approximately 25 ADT would not result in traffic
generation that may impede emergency access. Therefore, impacts would be less than significant.
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3.18 Tribal Cultural Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause one or more
effects to tribal cultural resources including: causing a change in the significance of a tribal cultural
resource as defined in Public Resource Code §21074?
YES NO
Since the adoption of the GP/CAP FEIR in 2015, the CEQA Guidelines Appendix G Environment Checklist
was updated to include tribal cultural resources as an additional resource area to be analyzed. Therefore,
tribal cultural resources were not previously explicitly analyzed in the GP/CAP FEIR. Cultural resources were
already evaluated within the Cultural Resources section of the GP/CAP FEIR. The GP/CAP FEIR determined
that development of the GP/CAP would result in less than significant impacts associated with the cultural
resources (see Section 3.5, above).
Tribal cultural resources include “sites, features, places, cultural landscapes, sacred places, and objects with
cultural value to a California Native American tribe that are eligible for inclusion in the California Register of
Historical Resources or included in a local register of historical resources.” Lead agencies have discretion to
determine, based on substantial evidence, whether a resource qualifies as a tribal cultural resource.
As described in Section 3.5, above, under existing conditions, the Project site is currently developed with
two single-family residences. No areas on the Project site contain undisturbed land. Furthermore, the
project only proposes a limited amount of cut, approximately 200 cubic yards. Therefore, the likelihood that
intact archeological resources exist on the Project site is low due to previous site disturbance. Nonetheless,
there is potential for other archaeological sites to be found within Carlsbad due to the existence of
previously identified sites throughout the city.
Accordingly, a request was made to the Native American Heritage Committee (NAHC) on March 5, 2021, to
conduct a search of the Sacred Lands File (SLF) to determine if any sacred sites or landforms were recorded
within the vicinity of the parcel (Appendix A). The NAHC indicated that the SLF search was positive for the
project area and recommended that the La Jolla Band of Luiseño Indians and the San Luis Rey Band of
Mission Indians be contacted in addition to twenty eight recommended contacts (see Appendix A). Letters
were drafted and emailed to the NAHC recommended Native American tribal representatives, hard-copy
letters were mailed to each contact and follow-up emails and phone calls were made. The following
information was collected regarding this project.
Viejas Band of Mission Indians stated that the project area may contain sacred sites to the Kumeyaay
people and requested these sacred sites be avoided with adequate buffer zones. Additionally, Viejas
requested, as appropriate, that all NEPA/CEQA/NAGPRA laws be followed, and that Viejas should be
contacted immediately if there are any changes to the project description or inadvertent discoveries.
Rincon Band of Luiseno Indians stated that they have specific concerns that the project may impact tangible
Tribal Cultural Resources (TCRs), Traditional Cultural Landscapes (TCLs), and potential Traditional Cultural
Properties (TCPs). The Rincon Band recommended conducting an archaeological/cultural resources study,
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to include an archeological record search and complete intensive survey of the property. Additionally, they
ask for a professional Tribal monitor from the Rincon Band to accompany the archaeologist during the
survey.
The city also reached out to the Tribes to conduct AB 52 consultation. The Rincon Band requested to
consult directly with the lead agency regarding project impacts to cultural resources, and agreed with the
proposed mitigation measures, and found that the mitigation measures satisfied Rincon Band’s concerns.
Further, the San Luis Rey Band also requested consultation with the city regarding the project and reviewed
the proposed mitigation measures and found that mitigation measures satisfy the San Luis Rey Band’s
concerns.
As anticipated by the General Plan/CAP FEIR, future development projects pursuant to the General Plan
may involve grading, excavation, or other ground-disturbing activities, which could disturb or damage
unknown archaeological resources. However, the General Plan includes goals and policies to minimize or
avoid impacts to archaeological resources by requiring the protection and preservation of such resources.
Additionally, the city’s Tribal, Cultural, and Paleontological Resources Guidelines are also in place to help
protect archeological resources within the city (City of Carlsbad 2017). Therefore, any development
pursuant to the General Plan would be required to comply with the city’s Tribal, Cultural, and Paleontological
Resources Guidelines and applicable General Plan goals and polices to ensure impacts would be less than
significant (City of Carlsbad 2015a).
Accordingly, a project-specific Historical and Archaeological Inventory Report was prepared for the proposed
project (Appendix A). The following measure was recommended regarding Tribal Cultural Resources:
Due to the interest and concerns form the local Native American community, it is recommended to further
consult with interested tribal representatives, which should include, but is not limited to, sharing project
construction plans and timelines, further consulting on specific concerns, and hiring a qualified local tribal
representative for Native American Monitoring. The proposed project would implement Section 8.2.2.4,
Tribal Monitoring, from the City’s Tribal, Cultural and Paleontological Guidelines which provides for the
following:
Prior to the commencement of any ground-disturbing activities, including but not limited to exploratory
geotechnical investigations/borings for contractor bidding purposes, the project developer shall enter into
a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal
Monitoring Agreement, with the SLRBMI or other Luiseño tribe. This agreement will contain provisions to
address the proper treatment of any tribal cultural resources and/or Luiseño Native American human
remains inadvertently discovered during the course of the project. The agreement will outline the roles and
powers of the Luiseño Native American monitors and the archaeologist, and may include the following
provisions. In some cases, the language below may be modified in consultation with SLRBMI if special
conditions warrant.
1. A Luiseño Native American monitor shall be present during all ground disturbing activities.
Ground disturbing activities may include, but are not be limited to, archaeological studies,
geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and
other infrastructure, and grading activities.
2. Any and all uncovered artifacts of Luiseño Native American cultural importance shall be returned
to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable,
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and not be curated, unless ordered to do so by a federal agency or a court of competent
jurisdiction.
3. The Luiseño Native American monitor shall be present at the project’s preconstruction meeting to
consult with grading and excavation contractors concerning excavation schedules and safety
issues, as well as to consult with the archaeologist PI concerning the proposed archaeologist
techniques and/or strategies for the project.
4. Luiseño Native American monitors and archaeological monitors shall have joint authority to
temporarily divert and/or halt construction activities. If tribal cultural resources are discovered
during construction, all earth-moving activity within and around the immediate discovery area
must be diverted until the Luiseño Native American monitor and the archaeologist can assess the
nature and significance of the find.
5. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered
during ground-disturbing activities for this project, the San Luis Rey Band of Mission Indians shall
be notified and consulted regarding the respectful and dignified treatment of those resources.
Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred
method of preservation for archaeological and tribal cultural resources. If, however, the Applicant
is able to demonstrate that avoidance of a significant and/or unique cultural resource is
infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the
San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of
any such recovery plan.
6. When tribal cultural resources are discovered during the project, if the archaeologist collects such
resources, a Luiseño Native American monitor must be present during any testing or cataloging of
those resources. If the archaeologist does not collect the tribal cultural resources that are
unearthed during the ground disturbing activities, the Luiseño Native American monitor may, at
their discretion, collect said resources and provide them to the San Luis Rey Band of Mission
Indians for dignified and respectful treatment in accordance with their cultural and spiritual
traditions.
7. If suspected Native American human remains are encountered, California Health and Safety Code
Section 7050.5(b) states that no further disturbance shall occur until the San Diego County
Medical Examiner has made the necessary findings as to origin. Further, pursuant to California
Public Resources Code Section 5097.98(b) remains shall be left in place and free from
disturbance until a final decision as to the treatment and disposition has been made. Suspected
Native American remains shall be examined in the field and kept in a secure location at the site.
A Luiseño Native American monitor shall be present during the examination of the remains. If the
San Diego County Medical Examiner determines the remains to be Native American, the Native
American Heritage Commission (NAHC) must be contacted by the Medical Examiner within 24
hours. The NAHC must then immediately notify the “Most Likely Descendant” about the discovery.
The Most Likely Descendant shall then make recommendations within 48 hours, and engage in
consultation concerning treatment of remains as provided in Public Resources Code 5097.98.
8. In the event that fill material is imported into the project area, the fill shall be clean of tribal
cultural resources and documented as such. Commercial sources of fill material are already
permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or
exported from areas within the project site, then that fill material shall be analyzed and confirmed
by an archeologist and Luiseño Native American monitor that such fill material does not contain
tribal cultural resources.
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9. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources
without the written permission of the SLRBMI.
10. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if
appropriate, which describes the results, analysis and conclusions of the monitoring program
shall be submitted by the archaeologist, along with the Luiseño Native American monitor’s notes
and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality
as an exception to the Public Records Act and will not be available for public distribution.
Such measures are consistent with the following General Plan policies:
7-P.8 During construction of specific development projects, require monitoring of grading,
ground-disturbing, and other major earthmoving activities in previously undisturbed areas
or in areas with known archaeological or paleontological resources by a qualified
professional, as well as a tribal monitor during activities in areas with cultural resources of
interest to local Native American tribes. Both the qualified professional and tribal monitor
shall observe grading, ground-disturbing, and other earth-moving activities.
7-P.9 Ensure that treatment of any cultural resources discovered during site grading complies
with the City of Carlsbad Cultural Resource Guidelines. Determination of the significance
of the cultural resource(s) and development and implementation of any data recovery
program shall be conducted in consultation with interested Native American tribes. All
Native American human remains and associated grave goods shall be returned to their
most likely descendent and repatriated. The final disposition of artifacts not directly
associated with Native American graves shall be negotiated during consultation with
interested tribes; if the artifact is not accepted by Native American tribes, it shall be offered
to an institution staffed by qualified professionals, as may be determined by the City
Planner. Artifacts include material recovered from all phases of work, including the initial
survey, testing, indexing, data recovery, and monitoring
7-P.10 Require consultation with the appropriate organizations and individuals (e.g., Information
Centers of the California Historical Resources Information Systems [CHRIS], the Native
American Heritage Commission [NAHC], and Native American groups and individuals) to
minimize potential impacts to cultural resources that may occur as a result of a proposed
project.
7-P.11 Prior to occupancy of any buildings, a cultural resource monitoring report identifying all
materials recovered shall be submitted to the City Planner.
Therefore, with compliance with the General Plan, implementation of the Project would not cause a
substantial adverse change in the significance of a Tribal Cultural Resource. Impacts would be less than
significant.
3.19 Utilities and Service Systems
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under
which the project is undertaken and/or "new information of substantial importance" that cause effects to
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utilities and service systems including: exceedance of wastewater treatment requirements of the applicable
Regional Water Quality Control Board; require or result in the construction of new water or wastewater
treatment facilities, new storm water drainage facilities or expansion of existing facilities, the construction
of which could cause significant environmental effects; require new or expanded entitlements to water
supplies or new water resources to serve the project; result in a determination by the wastewater treatment
provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing commitments; be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste disposal needs; and/or noncompliance with federal,
state, and local statutes and regulations related to solid waste?
YES NO
Wastewater Facilities
The GP/CAP EIR finds that future growth envisioned by the city would result in less than significant impacts
to wastewater facilities. Three wastewater districts provide sewer services to the city’s planning area:
Carlsbad Wastewater Division (CWWD), Leucadia Wastewater District (LWWD), and Vallecitos Water District
(VWD) (City of Carlsbad 2015). The proposed project site is located within CWWD’s service area.
Wastewater generated within the CWWD’s sewer service area is treated at the EWPCF. Carlsbad’s current
ownership capacity for treatment at the Encina Water Pollution Control Facility (EWPCF) is 9.24 million
gallons per day (mgd) (average flow). The 2012 Sewer Master Plan projected future 2035 wastewater flows
to be approximately 10.0 mgd, based on growth estimates prior to the proposed General Plan. The city has
requested an additional 1.02 mgd for a total of 10.26 mgd, which is currently pending. Buildout under the
proposed General Plan would result in additional wastewater that would need to be treated at the EWPCF.
The proposed General Plan would allow for additional growth beyond the CWWD growth projections. Current
regulations require compliance with water quality standards and would not allow development without
adequate utility capacity, including water or wastewater treatment capacity. Future development projects
allowed under the proposed General Plan would be reviewed by the city and the applicable water and
wastewater providers to determine that sufficient capacity exists to serve the development (City of Carlsbad
2015). In addition, the city’s Sewer System Management Plan has been updated in 2019 updated to reflect
the proposed General Plan growth projections (City of Carlsbad 2019). Lastly, the proposed General Plan
contains goals and policies that promote sustainability and reduce impacts associated with construction of
new facilities by limiting the need for additional water supplies. More specifically, Goals 2-G.22 and 2-G.23,
and Policies 2-P.8, and 2-P.55 through 2-P.58, P-G.4, and 9-P.3 through 9-P.7, reduce impacts related to
the construction of water and wastewater treatment facilities. As discussed in Section 1.1, above, the
proposed project would include a Tentative Tract Map, Zone Change, and General Plan Amendment for
land use re-designation to allow for the construction of four residential air-space condominiums and an
office use. The Tentative Tract Map will consolidate two lots and subdivide the project site for residential
air-space and commercial condominiums. To avoid a split zone development, the General Plan Amendment
and Zone Change are proposed to change the land use designation to R—15/O and the zone to R-P-Q to
allow both multi-family residential and office on one lot. Therefore, the proposed project has already been
accounted for in future planning documents and the amount of wastewater required for both the construction
phase and the operations phase would not require any expansion of existing wastewater facilities.
Therefore, the proposed project would not result in additional adverse physical effects associated with
wastewater facilities beyond those already identified in other sections of this environmental analysis.
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Water Facilities
The GP/CAP EIR finds that future growth envisioned by the city would result in less than significant impacts
to water facilities. Three water districts provide water service within Carlsbad: Carlsbad Municipal Water
District (CMWD), Olivenhain Municipal Water District (OMWD), and Vallecitos Water District (VWD). The
CMWD provides water service to the project site (CMWD 2021). The majority of the future growth generated
by the proposed General Plan would be located within the CMWD service area. The city has identified efforts
to conserve water, increase use of recycled water, and continue to consider new alternative sources of
water. The proposed General Plan would require an update to the CMWD Water Master Plan (City of
Carlsbad 2015). CMWD’s Potable Water Master Plan was updated in 2019 to correspond with the new
General Plan (CMWD 2019). As discussed above, the proposed project would include a Tentative Tract
Map, Zone Change, and General Plan Amendment for land use re-designation to allow for the construction
of four residential air-space condominiums and an office use. The Tentative Tract Map will consolidate two
lots and subdivide the project site for residential air-space and commercial condominiums. To avoid a split
zone development, the General Plan Amendment and Zone Change are proposed to change the land use
designation to R—15/O and the zone to R-P-Q to allow both multi-family residential and office on one lot.
Therefore, the proposed project has already been accounted for in future planning documents and the amount
of wastewater required for both the construction phase and the operations phase would not require any
expansion of existing wastewater facilities. In addition, as discussed above, the proposed General Plan
contains goals and policies that promote sustainability and reduce impacts associated with construction of
new facilities by limiting the need for additional water supplies. More specifically, Goals 2-G.22 and 2-G.23,
and Policies 2-P.8, and 2-P.55 through 2-P.58, P-G.4, and 9-P.3 through 9-P.7, reduce impacts related to
the construction of water and wastewater treatment facilities. Therefore, the proposed project would not
result in additional adverse physical effects associated with water facilities beyond those already identified
in other sections of this environmental analysis.
Electric Power Facilities
The GP/CAP EIR finds that, despite the overall increase in future energy use associated with the General
plan, the state’s current and future energy code and the proposed General Plan policies would ensure
energy efficient designs in new development and encourage energy efficiency upgrades in existing
development. The project site is already served by existing electric power and would not result in relocation
or construction of new or expanded electric facilities. Therefore, the proposed project would not result in
additional adverse physical effects associated with electric facilities beyond those already identified in
other sections of this environmental analysis.
Natural Gas
The project site would not use natural gas and therefore, would not result in relocation or construction of
new or expanded natural gas facilities. Therefore, the proposed project would not result in additional
adverse physical effects associated with natural gas facilities beyond those already identified in other
sections of this environmental analysis.
Telecommunication Facilities
Under existing conditions, the Project site is developed with two existing residences. Therefore, the project
site is already served by existing telecommunication facilities and would not result in relocation or
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construction of new or expanded telecommunication facilities. Therefore, the proposed project would not
result in additional adverse physical effects associated with telecommunication facilities beyond those
already identified in other sections of this environmental analysis.
Water Supply
The GP/CAP EIR concluded impacts to water supply would be less than significant. As described above, the
proposed project is located within CMWD’s service area. According to the 2010 WMP, CMWD expects to
have adequate water supply available to meet the projected demand within their jurisdictions to 2035, due
to future projects and/or meeting SB X7-7 water conservation goals. These improvements may include the
need to utilize local groundwater and surface water supplies. CMWD updated their UWMP in June 2021.
Per the 2021 UWMP, CMWD’s projected supplies in normal, single-dry years, and multiple-dry years (CMWD
2021). In addition, the proposed General Plan goals and policies are intended to ensure that future
development occurs according to the city’s Growth Management Plan and is coordinated with availability
of public facilities, including water supply.
As discussed above, the Project would include a Tentative Tract Map, Zone Change, and General Plan
Amendment for land use re-designation to allow for the construction of four residential air-space
condominiums and an office use. The Tentative Tract Map will consolidate two lots and subdivide the
project site for residential air-space and commercial condominiums. To avoid a split zone development, the
General Plan Amendment and Zone Change are proposed to change the land use designation to R—15/O
and the zone to R-P-Q to allow both multi-family residential and office on one lot. Therefore, the proposed
project has already been accounted for in future planning documents, as it relates to water supply.
Therefore, impacts would be less than significant.
Wastewater
The GP/CAP EIR concluded impact related to wastewater treatment capacity would be less than significant.
The city’s current ownership capacity for treatment at the EWPCF is 9.24 mgd (average flow). The 2012
Sewer Master Plan projected future 2035 wastewater flows to be approximately 10.0 mgd, based on growth
estimates prior to the proposed General Plan. The city has requested an additional 1.02 mgd for a total of
10.26 mgd, which is currently pending. The proposed General Plan includes goals and policies that would
help reduce impacts, including Goals 2-G.22 and 2-G.23, and Policies 2-P.8, 2-P.56 through 2-P.59, 9-P.10,
and 9-P.11. The proposed project would be consistent with the existing zoning and land use designations of
the project site currently allow for residential and office uses, consistent with the uses proposed by the project.
Therefore, the proposed project has already been accounted for in future planning documents and the amount
of wastewater required for both the construction phase and the operations phase would not result in a
significant increase in wastewater treatment beyond the provider’s existing commitments. Under existing
conditions, the Project site is developed with two existing residences. Therefore, the project site is already
served by existing wastewater treatment facilities. Therefore, the Project would not result in significant
increase of wastewater services at the site and would not impact any wastewater treatment provider.
Solid Waste
The GP/CAP EIR concluded impacts related to generating solid waste in excess of the capacity of local
infrastructure would be less than significant. The city provides solid waste hauling services via a contract
with Waste Management of North County. Solid waste is collected by Waste Management and transported
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to the Sycamore Canyon and Otay landfills for disposal. Assembly Bill (AB) 939 requires local governments
to divert 50 percent of their community’s solid waste, and the recent goal that has been set by CalRecycle
of 75 percent recycling, composting, or source reduction of solid waste by 2020.
The proposed project would be consistent with the existing zoning and land use designations of the project
site currently allow for residential and office uses, consistent with the uses proposed by the project.
Therefore, the proposed project has already been accounted for in future planning documents and the
amount of solid waste generated by the proposed project. Additionally, with adherence to the appliable
waste management plans and regulations set by the state and local jurisdiction, as well as compliance with
General Plan goals and policies related to solid waste disposal, impacts to solid waste generated by the
project would be less than significant.
The GP/CAP EIR concluded impacts to compliance with reduction strategies and regulations related to solid
waste be less than significant. Development of future land uses, as designated in the proposed General
Plan would be required to comply with federal, state, and local statutes and regulations related to solid
waste. Furthermore, the policies provided in the proposed General Plan regarding solid waste disposal,
recycling, etc., would further ensure compliance with applicable regulations (City of Carlsbad 2015). The
Project would deposit all solid waste at a permitted solid waste facility. Additionally, the Project would
adhere to the requirements of AB 939, as well as comply with GP/CAP goals, policies, and implementation
actions related to solid waste disposal. Impacts would be less than significant.
3.20 Wildfire
Wildland fire hazards were previously evaluated within the Hazards and Hazardous Materials section of the
GP/CAP FEIR. The GP/CAP FEIR determined that development of the GP/CAP would result in less than significant
impacts associated with the risk of loss, injury, or death involving wildland fires (see Section 3.8, above).
Since the adoption of the GP/CAP FEIR in 2015, the CEQA Guidelines Appendix G Environment Checklist
was updated to include wildfire as an additional resource area to be analyzed. Specifically, the significance
thresholds were established relative to projects located in or near state responsibility areas or lands
classified as very high fire hazard severity zones. Because the project site is neither located in or near a
state responsibility area or lands classified as very high fire hazard severity zones, impacts from the
proposed project would be less than significant. Nonetheless, the following analysis is provided for
informational purposes.
Implementation of the General Plan would result in new development and population growth, resulting in
an increase in demand for emergency services, which could affect the implementation of adopted
emergency response and evacuation plans. However, the city has adopted the City of Carlsbad Emergency
Operations Plan (EOP) prepared in conjunction with the Unified San Diego County Emergency Services
Organization, which addresses the city’s planned response to extraordinary emergency situations
associated with any type of natural disaster, technological incident, or state of war emergency. The EOP
includes the city as part of the Statewide Emergency Management System. With the compliance of the
emergency EOP and proposed General Plan goal and policies, including Goal 6-G.3 and Policies 6-P.31, 6-
P.34, 6-P.36, and 6-P.37, the potential to impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan, associated with the GP/CAP, would be less than
significant (City of Carlsbad 2015).
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The proposed project would be developed on a site that is already developed with existing residences. As
discussed in Section 3.17, the proposed project would result in the addition of 45 ADT “(or a net increase
of 25 ADT), which is minimal and is not expected to impair emergency response. Therefore, the project
would not substantially impair an adopted emergency response plan or emergency evacuation plan.
Impacts would be less than significant.
The project site is not located within a fire hazard severity zone. A “moderate” threat fire hazard severity
zone is located approximately 700 feet north of the project site (City of Carlsbad 2015). Nonetheless, due
to distance of this area and the intervening developed nature of surrounding land uses, the proposed
project would not expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with
wildlands. In addition, the proposed project would be required to comply with existing regulations, such as
the Uniform Fire Code and the California Building Code, to prevent the spread of wildfire, and would
implement General Plan Policies 6-P.33 and 6-P.35, directed to reduce impacts associated with wildfire.
Therefore, the proposed project would not exacerbate wildfire risks and thereby expose project occupants
to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Therefore, impacts
would be less than significant.
As discussed above, the project site is not located within a fire hazard severity zone. The project would not
introduce additional infrastructure which may exacerbate wildfire risk as no off-site or on-site infrastructure
improvements are proposed or required. In addition, the proposed project would be required to comply with
existing regulations, such as the Uniform Fire Code and the California Building Code, to prevent the spread
of wildfire, and would implement General Plan Policies 6-P.33 and 6-P.35, directed to reduce impacts
associated with wildfire. Accordingly, it is not anticipated that the Project would exacerbate fire risk through
the installation or maintenance of associated infrastructure. Impacts would be less than significant.
As previously discussed, the Project site is not located in a fire hazard severity zone, nor is it adjacent to
steep hillsides or drainages which may experience flooding or landslides post-wildfire. Rather, the project
site and surrounding area is generally flat and development of the project site would not result in changes
to the existing topographical or drainage conditions of the project area. Thus, the Project would not expose
people or structures to a significant risk, including downslopes or downstream flooding or landslides, as a
result of runoff, post-fire instability, or drainage changes. Therefore, impacts would be less than significant.
Nov. 8, 2022 Item #8 Page 70 of 150
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4 References and Preparers
4.1 References Cited
14 CCR 15000–15387 and Appendices A through L. Guidelines for Implementation of the California
Environmental Quality Act, as amended.
City of Carlsbad. 2015a. City of Carlsbad General Plan & Climate Action Plan Final Environmental Impact Report.
Adopted September 2015. Accessed June 2021.
https://www.carlsbadca.gov/home/showpublisheddocument/3396/637434858512530000
City of Carlsbad. 2020. City of Carlsbad Climate Action Plan. Adopted September 2015. Updated May 2020.
https://www.carlsbadca.gov/home/showpublisheddocument/4192/637446665168800000
4.2 List of Preparers
City of Carlsbad
Jessica Evans, Associate Planner
Cliff Jones, Principal Planner
DUDEK
Sean Kilkenny, Project Manager
Vanessa Currie, Environmental Planner
Iulia Roman, Environmental Planner
Joe Harrison, Environmental Planner
Hannah Wertheimer, Editor
Felisa Pugay, Publications Specialist
Nov. 8, 2022 Item #8 Page 72 of 150
61 August 2022
Figure 1 Project Location
Nov. 8, 2022 Item #8 Page 73 of 150
Project Location
Carlsbad Seaside Village Condos Project
SOURCE: SANGIS 2021; Bing MapsDate: 6/30/2021 - Last saved by: agreis - Path: Z:\Projects\j1358301\MAPDOC\DOCUMENT\Figure1-ProjectLocation.mxd02,0001,000 Feet
Project Boundary
FIGURE 1
Chula Vista
Solana Beach
Encinitas
San Diego
Carlsbad
Oceanside
La Mesa
Santee
Poway
San Marcos
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Vista
ImperialBeach
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52
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Figure 2 Project Site
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Carlsbad Seaside Village Condos Project
SOURCE: SANGIS 2020, 2021
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Project Boundary
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Figure 3a Existing General Plan Land Use Designation
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Existing General Plan Land Use Designations
Carlsbad Seaside Village Condos Project
SOURCE: City Carlsbad 2021; SANGIS 2020, 2021
0 10050Feet
Project Boundary
Existing General Plan Land Use
R-15, Residential 8-15 du/ac
R-15/O, Residential 8-15 du/ac/Office
V, Village
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Figure 3b Proposed General Plan Land Use Designation
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Proposed General Plan Land Use Designations
Carlsbad Seaside Village Condos Project
SOURCE: City Carlsbad 2021; SANGIS 2020, 2021
0 10050Feet
Project Boundary
Proposed General Plan Land Use
R-15, Residential 8-15 du/ac
R-15/O, Residential 8-15 du/ac/Office
V, Village
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Figure 4a Existing Zoning
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Existing Zoning
Carlsbad Seaside Village Condos Project
SOURCE: City Carlsbad 2021; SANGIS 2020, 2021
0 10050Feet
Project Boundary
Existing Zoning
R-3, Multi-Family Residential
R-P-Q, Residential Professional (Qualified Overlay Zone)
RD-M, Residential Density-Multiple
V-B, Village-Barrio
FIGURE 4aNov. 8, 2022Item #8 Page 86 of 150---
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Figure 4b Proposed Zoning
Nov. 8, 2022 Item #8 Page 88 of 150
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Proposed Zoning
Carlsbad Seaside Village Condos Project
SOURCE: City Carlsbad 2021; SANGIS 2020, 2021
0 10050Feet
Project Boundary
Proposed Zoning
R-3, Multi-Family Residential
R-P-Q, Residential Professional (Qualified Overlay Zone)
RD-M, Residential Density-Multiple
V-B, Village-Barrio
FIGURE 4bNov. 8, 2022Item #8 Page 89 of 150---
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Figure 5 Preliminary Site Plan
Nov. 8, 2022 Item #8 Page 91 of 150
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Appendix A
Historical and Archaeological Inventory Report Scarpelli Property Redevelopment Project Carlsbad, San Diego County, California 92008
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Appendix B
Preliminary Geotechnical Investigation
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Appendix C
CAP Checklist
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Appendix D
Stormwater Standards Questionnaire (Form E-34)
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Appendix E
Noise Impact Analysis
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GPA 2021-0004 Jefferson Mixed-Use
GPA 2021-0004July 15, 2022
EXISTING
PROPOSED
V-B
R-15
R-15/O
V-B
R-15
R-15
V-B
R-15
R-15/O
V-B
R-15
R-15
From:To:
A. 203-201-01-00 R-15 R-15/O
B. 203-201-02-00 R-15/O R-15/O
ZC 2021-0003 / CT 2021-0001 / PUD 2021-0004 /PUD 2022-0002 SDP 2021-0014 (DEV2020-0016)
General Plan Land Use Designation Changes
Property
Related Case File No(s):
A
B
A
B
Attachment B
Nov. 8, 2022 Item #8 Page 104 of 150
ORDINANCE NO. CS-439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING ZONE CHANGE (AMENDMENT TO THE CITYWIDE
ZONING MAP) FROM RESIDENTIAL DENSITY-MULTIPLE ZONE (RD-M) TO
RESIDENTIAL PROFESSIONAL WITH A QUALIFIED OVERLAY DEVELOPMENT
ZONE (R-P-Q) ON A 0.16 ACRE PARCEL GENERALLY LOCATED AT 2754
JEFFERSON STREET (APN 203-201-01-00) IN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: JEFFERSON MIXED-USE
CASE NO: ZC 2021-0003 (DEV2020-0116)
WHEREAS, KARNAK PLANNING AND DESIGN, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by SCARPELLI FAMILY TRUST, "Owner," described
as:
LOT 1 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA, ACCORDING TO
MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 20, 1929.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Zone Change as shown on
ZC 2021-0003 dated July 15, 2022, attached hereto as Attachment A and made a part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to an
Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02), relative to the
project was prepared and the City Council adopted it per City Council Resolution No. 2022-256; and
WHEREAS, the City Council held 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 City Council considered all factors relating
to the ZC 2021-0003 -JEFFERSON MIXED-USE, Attachment A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California,
does ordain as follows:
1.The above recitations are true and correct.
Exhibit 2
Nov. 8, 2022 Item #8 Page 105 of 150
2.That Section 21.05.030 of the Carlsbad Municipal Code, being Zoning Map, is
amended as shown on the map marked ZC 2021-0003 dated July 15, 2022, attached hereto as
Attachment A and made a part hereof.
3.That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7459 shall also constitute the findings and conditions of the City Council.
4.That concurrently with this ordinance, the City Council is taking a number of actions
in furtherance of the project, as generally described by the City Council staff report. No single
component of the series of actions made in connection with the project shall be effective unless and
until it is approved by an ordinance or resolution and is procedurally effective in the manner provided
by state law. Therefore, this ordinance shall become effective and operative only if the companion
resolutions are approved.
EFFECTIVE DATE: 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 this 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 8th
day of November, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ___ _, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE McMAHON, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
{SEAL)
Nov. 8, 2022 Item #8 Page 106 of 150
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ZC 2021-0003
ZC 2021-0003July 15, 2022
PROPOSED
V-B
RD-M
R-3
R-P-Q
EXISTING
Jefferson Mixed-Use
V-B
RD-M
R-3
R-P-Q
V-B
V-B
From:To:
A. 203-201-01-00 RD-M R-P-Q
B. 203-201-02-00 R-P-Q R-P-Q
GPA 2021-0004 / CT 2021-0001 / PUD 2021-0004 / PUD 2022-0002 SDP 2021-0014 (DEV2020-0016)
Zoning Designation Changes
Property
Related Case File No(s):
A
B
A
B
Attachment A
Nov. 8, 2022 Item #8 Page 107 of 150
RESOLUTION NO. 2022-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, PLANNED
DEVELOPMENT PERMIT, NON-RESIDENTIAL PLANNED DEVELOPMENT
PERMIT AND SITE DEVELOPMENT PLAN TO MERGE TWO LOTS AND
CONSTRUCT FOUR RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS AND A
DETACHED, APPROXIMATELY 897-SQUARE-FOOT OFFICE BUILDING ON AN
APPROXIMATE 0.32 ACRE SITE LOCATED AT 2754 AND 2770 JEFFERSON
STREET (APNS 203-201-01, -02) WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME:
CASE NO.:
JEFFERSON MIXED-USE
CT 2021-0001/ PUD 2021-0004/PUD 2022-0002/ SDP
2021-0014 (DEV2020-0116)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Carlsbad Municipal Code, the Planning Commission did, on Aug. 17, 2022, hold a
duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 2021-0001,
Planned Development Permit PUD 2021-0004, Non-Residential Planned Development Permit PUD
2022-0002, and Site Development Plan SDP 2021-0014, as referenced in Planning Commission
Resolution No. 7460; and the Planning Commission adopted Resolution No. 7460 recommending to the
City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit,
and Site Development Plan; and
WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to an
Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02), relative to the
project was prepared and the City Council adopted it per City Council Resolution No. [insert number];
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 relating to Tentative
Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and Site
Development Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
Exhibit 3
Nov. 8, 2022 Item #8 Page 108 of 150
1.That the above recitations are true and correct.
2.That the recommendation of the Planning Commission for the approval of Tentative
Tract Map CT 2021-0001, Planned Development Permit, PUD 2021-0004, Non-Residential Planned
Development Permit PUD 2022-0002, and Site Development Plan SDP 2021-0014, are approved, as
depicted on the development plans as shown in the Aug. 17, 2022 Planning Commission staff report,
which are incorporated herein by this reference as though fully set forth herein. The development plans
for the project are on file with the Planning Division of the Community Development Department and
are available for inspection.
3.That the findings and conditions of the Planning Commission contained in Planning
Commission Resolution No. 7460 on file with the City Clerk and incorporated herein by reference, are
the findings and conditions of the City Council.
4.The City Council expressly declares that it would not have approved this land use
development application except upon and subject to each and all of said conditions, each and all of
which shall run with the land and be binding upon the applicant, the owner, and all subsequent owners
of the property.
5.That concurrently with this resolution, the City Council is taking a number of actions in
furtherance of the project, as generally described in the City Council staff report. No single component
of the series of actions made in connection with the project shall be effective unless it is approved by
an ordinance or resolution and is procedurally effective in the manner provided by state law. Therefore,
this resolution shall become effective and operative only if the companion resolution and ordinance is
approved.
6.This action is final 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 following 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
Nov. 8, 2022 Item #8 Page 109 of 150
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 Office of the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of November, 2022, by the following vote, to wit:
AYES:Hall, Blackburn, Bhat-Patel, Acosta, Norby.
NAYS:
ABSENT:
None.
None.
�
� FAVIOLA MEDINA, City Clerk Services Manager
{SEAL)
Nov. 8, 2022 Item #8 Page 110 of 150
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GPA 2021-0004 / ZC 2021-0003
CT 2021-0001/ PUD 2021-0004
PUD 2022-0002/SDP 2021-0014 (DEV2020-0016)
Jefferson Mixed-Use
SITE MAP
J
SITE!"^
Map generated on: 7/19/2022
Exhibit 4
Nov. 8, 2022 Item #8 Page 111 of 150
Exhibit 5
Aug. 17, 2022 Planning Commission Staff Report
(on file in the Office of the City Clerk)
Nov. 8, 2022 Item #8 Page 112 of 150
EXHIBIT 6
Nov. 8, 2022 Item #8 Page 113 of 150
PLANNING COMM I SSION
Minutes
August 17, 2022 Amended Minutes
CALL TO ORDER: 5:05 p.m.
City Council Chamber
1200 Ca rlsbad Village Drive
Carlsbad, CA 92008
ROLL CALL: Commissioners Kamenjarin, Lafferty, Luna, Meenes, Merz, and Sabellico
Commissioners Stine and Sabellico absent
PLEDGE OF ALLEGIANCE: Commissioner Meenes led the Pledge of Allegiance
APPROVAL OF MINUTES:
Motion by Commissioner Kamenjarin, seconded by Commissioner Meenes, to approve as amended the
July 20, 2022, meeting minutes. Motion carried 4/1/2 (Commissioner Lafferty abstained and
Commissioners Stine and Sabellico absent).
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA:
None.
PLANNING COMMISSION PUBLIC HEARING:
Vice Chair Lafferty directed everyone's attention to the slide on the screen to review the procedures the
Commission would be following for that evening's public hearing.
Vice Chair Lafferty opened the public hearing for Item 1.
1. UPDATE ON SOUTH CARLSBAD BOULEVARD COASTLINE PROJECT AND SOUTH CARLSBAD BOULEVARD
CLIMATE ADAPTATION PROJECT -Informational report on the South Carlsbad Boulevard Coastline
Project. This project is located within the appeal area and the decision may be appealed to the California
Coastal Commission.
Assistant Community Development Director Mike Strong introduced Agenda Item 1 and stated
Transportation Director Tom Frank and Senior Program Manager Katie Hentrich would make the staff
presentation (on file in the Planning Division).
Commissioner Sabellico arrived at 5:12 p.m.
Senior Program Manager Hentrich and Transportation Director Frank gave the staff presentation and
explained the next steps for the project. The project is scheduled for public hearings at the Beach
Preservation Commission, Traffic & Mobility Commission, and City Council to a receive report.
PUBLIC COMMENTS:
None
Nov. 8, 2022 Item #8 Page 114 of 150
Planning Commission Minutes August 17, 2022 Page 2
Vice Chair Lafferty asked if there were any members of the public who wished to speak on the project,
seeing none, she opened and closed public testimony.
COMMISSION DISCUSSION:
Commissioner Meenes asked if there is a trigger point for traffic counts for roundabouts to slow down
traffic.
Transportation Director Frank explained there are federal and state guidelines that staff follows when
completing traffic studies and applies to traffic signals and roundabouts. A case study is Birdrock and La
Jolla Boulevard in La Jolla. It was a five-lane configuration and experiencing 21,000 trips per day and a
roundabout was installed and as a result had less congestion.
Commissioner Meenes asked about the barrier design between traffic and bike lanes.
Transportation Director Frank explained the barrier design is to be determined in the future and it is an
opportunity for low impact development area with storm water filteration and vegetation. This will be an
opportunity for public input.
Commissioner Meenes asked about the grant for February 2023 and ifthere are more conservatory grants
available.
Transportation Director Frank the intent is to complete this study and have a viable preferred alternative
and then seek grant funds to further the project if that is the desire of City Council.
Commissioner Luna asked when does staff anticipate going to construction.
Transportation Director Frank responded this is a multi-year project and it still needs to go to City Council
for direction.
Commissioner Sabellico asked if this project will need to go to ballot before construction.
Transportation Director Frank responded it depends on the funding source whether it would have to go
to a ballot and staff would comply with all the city codes.
Commissioner Lafferty asked how will people connect to the waterfront safely.
Transportation Director Frank responded there will be class 1 active transportation uses is designed to the
ADA standards.
Assistant Community Development Director stated this project will be presented to the City Council in
September with a status update.
Nov. 8, 2022 Item #8 Page 115 of 150
Planning Commission Minutes August 17, 2022 Page 3
2. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014
(DEV2020-0116) -JEFFERSON MIXED-USE -Request for a recommendation of 1) approval of a
General Plan Amendment and Zone Change to modify of the land use designation of one parcel
totaling 0.16 acres (APN: 203-201-01-00) from a R-15 Residential (8 -15 du/ac) General Plan land
use designation to R-15/O Residential/Office (8 -15 du/ac), and to change the zoning from
Residential Density-Multiple Zone (RD -M) to Residential Professional -Qualified Development
Overlay (R-P-Q); and 2) approval of a Tentative Tract Map, Planned Development Permit, Non-
Residential Planned Development Permit, and a Site Development Plan to construct four residential
air-space condominium units and a detached, approximately 897-square-foot office building
located at 2770 and 2754 Jefferson Street within Local Facilities Management Zone 1. The potential
environmental effects of the project were adequately analyzed by a previously certified
Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) for
the Comprehensive General Plan Update (EIR 13-02) and an Addendum to the Final EIR was
prepared pursuant to CEQA Guidelines section 15164 because only minor changes and additions to
the Final EIR are necessary to address the project changes and no circumstances exist calling for
the preparation of a subsequent or supplemental EIR pursuant to CEQA Guidelines sections 15162
and 15163.
Assistant Community Development Director Mike Strong introduced Agenda Item 2 and stated Associate
Planner Yzaguirre would make the staff presentation (on file in the Planning Division).
Meenes recused himself because he knows the property owner.
DISCLOSURES:
Commissioners Luna walked by the site.
Commissioner Kamenjarin disclosed he is familiar with the site.
Commissioner Sabellico had none to report.
Commissioner Merz disclosed he visited the site and met the applicant while visiting the site.
Lafferty disclosed she looked up the site on Goggle maps.
Assistant Community Development Director Strong asked if the applicant would like to continue due to a
lack of commissioners present.
Applicant stated he would like to proceed.
PUBLIC COMMENTS:
None
COMMISSIONER DISCUSSION:
Commissioner Merz asked if this project could be entirely residential per the zoning RPQ.
Associate Planner Yzaguirre responded you could do residential on both lots. The zoning is allowing
commercial and residential.
Applicant Ed Scarpelli made a presentation. The beach cottage design is to complicate the city in
architecture design. Mr. Scarpelli complimented staff on working on this project.
Commissioner Merz asked the applicant if an all residential design was considered.
Nov. 8, 2022 Item #8 Page 116 of 150
Planning Commission Minutes August 17, 2022 Page4
Robert Richardson, architect for the project explained the lot size would only allow four units because of
the density bonus. It was discussed with former City Planner Don Neu and staff and was recommended
to have office mixed use.
Assistant City Attorney Kemp addressed a recommendation a general plan amendment and the City
Council procedures requires the majority approve a general plan amendment. This would require four of
the commissioners to approve the project to send this to City Council for approval.
ACTION:
Motion by Commissioner Luna, Seconded by Commissioner Sabellico, to adopt Resolution Nos. 7458,
7459, 7460. Motion carried, 5/0/2 {Commissioner Stine absent and Commissioner Meenes recused).
3. CDP 2021-0029 (DEV2021-0114) -APPLEBY RESIDENCE -Request for approval of a Coastal
Development Permit to allow for the construction of a new 2,328-square-foot single family
residence with an attached 704-square-foot three car garage within the Mello II Segment of the
city's Local Coastal Program located on a vacant lot located adjacent to 1644 Tamarack Avenue
(APN 207-120-68-00) within Local Facilities Management Zone 1. The project site is not within the
appealable area of the California Coastal Commission. The city planner has determined that the
project belongs to a class of projects that the State Secretary for Resources has found do not have
a significant impact on the environment, and it is therefore categorically exempt from the
requirement for the preparation of environmental documents pursuant to New Construction of
Small Structures -Section 15303(a) of the state CEQA Guidelines.
Assistant Community Development Director Mike Strong introduced Agenda Item 3 and stated Associate
Planner Dan would be able to answer questions on the project. No presentation was necessary since no
speaker slips were submitted.
DISCLOSURES:
Commissioners Luna, Kamenjarin, Meenes, and Sabellico disclosed they have driven by the site.
Commissioner Merz disclosed he walked by the site.
Commissioner Lafferty had none to report.
PUBLIC COMMENTS:
None
COMMISSIONER DISCUSSION:
None.
ACTION:
Motion by Commissioner Kamenjarin, Seconded by Commissioner Sabellico, to adopt Resolution No.
7461. Motion carried, 6/0/1 (Commissioner Stine absent).
Nov. 8, 2022 Item #8 Page 117 of 150
Planning Commission Minutes August 17, 2022 Page 5
4. CDP 2021-0021 (DEV2021-0082) -CAMPBELL RESIDENCE -Request for approval of a Coastal
Development Permit to allow for the addition and remodel of an existing single-family residence
within the West Batiquitos/Sammis Properties Segment of the city's Local Coastal Program located
at 501 Stern Way within Local Facilities Management Zone 9. The project site is within the
appealable area of the California Coastal Commission. The City Planner has determined that the
project belongs to a class of projects that the State Secretary for Resources has found do not have
a significant impact on the environment, and it is therefore categorically exempt from the
requirement for the preparation of environmental documents pursuant to Section 15301(e) for
additions to a single-family residence of the state CEQA Guidelines.
Assistant Community Development Director Mike Strong introduced Agenda Item 4 and stated Associate
Planner Esteban Danna would be able to answer questions on the project. No presentation was necessary
since no speaker slips were submitted.
DISCLOSURES:
Commissioners Luna, Sabellico, Merz, and Lafferty had none to report.
Commissioner Kamenjarin disclosed he drove by the site.
Commissioner Meenes disclosed he walked by the site.
PUBLIC COMMENTS:
Duane Stucki, a resident has submitted written communication and it has been received, hard copies were
delivered to the Commissioners on the dais, and will be part of the record.
ACTION:
Motion by Commissioner Meenes, Seconded by Commissioner Kamenjarin, to adopt Resolution No. 7462.
Motion carried, 6/0/1 (Commissioner Stine absent).
DEPARTMENT REPORT:
None.
PLANNING COMMISSION REPORTS/COMMENTS:
Commissioner Meenes commented League of California Cities regarding the Planning conference on
March 31, 2023. He distributed copies of the information to the commissioners.
Commissioner Lafferty reported the Historic Preservation Commission will hold a special meeting on
August 29, 2022.
CITY PLANNER REPORTS:
The September 7, 2022 meeting has been cancelled and Planning Commission will be reconvening on
September 21, 2022.
Historic Preservation Commission special meeting on August 29, 2022 and considering an ordinance to
amend Title 22.
Nov. 8, 2022 Item #8 Page 118 of 150
Planning Commission Minutes August17,2022 Page 6
CITY ATTORNEY REPORTS:
None.
ADJOURNMENT:
Vice Chair Lafferty adjourned the duly noticed meeting at 6:50 p.m.
Michele Hardy -Minutes Clerk
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF AN
ADDENDUM TO THE CITY OF CARLSBAD GENERAL PLAN EIR STATE
CLEARINGHOUSE NO. 2011011004 (EIR 13-02), FOR A GENERAL PLAN
AMENDMENT AND ZONE CHANGE TO ACCOMMODATE FOUR
RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS AND A DETACHED,
APPROXIMATELY 897-SQUARE-FOOT OFFICE BUILDING ON AN
APPROXIMATE 0.32 ACRE SITE LOCATED AT 2770 AND 2754 JEFFERSON
STREET (APNS 203-201-01, -02) WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: JEFFERSON MIXED-USE
CASE NO.: GPA 2021-0004/ZC 2021-0003/CT 2021-
0001/PUD 2021-0004/PUD 2022-0002/SDP
2021-0014 (DEV2020-0016)
WHEREAS, KARNAK PLANNING AND DESIGN, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by SCARPELLI FAMILY TRUST, “Owner,” described as
LOT 1 AND 2 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA,
ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929.
(“the Property”); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources
Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of
the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as
the public agency with the principal responsibility for approving the proposed project; and
WHEREAS, an Environmental Impact Report (EIR), State Clearinghouse No. 2011011004
(EIR 13-02), was prepared and the City Council certified it as complete on September 22, 2015, for the
City of Carlsbad General Plan Update. The General Plan Update EIR was prepared to be a Program EIR and
it evaluated all land development proposed through the application of policies, regulations, and as logical
parts of a long-term plan; and
PLANNING COMMISSION RESOLUTION NO. 7458
Exhibit 7
Nov. 8, 2022 Item #8 Page 119 of 150
Nov. 8, 2022 Item #8 Page 120 of 150
WHEREAS, an Initial Study (IS) Checklist was prepared ,n accordance with CEQA Guidelines
section 15063 to evaluate the request for a General Plan Amendment, Zone Change, Tentative Tract
Map, Planned Development Permit, Non-Residential Planned Development Permit, and Site
Development Plan as shown on Exhibit(s) "GPA 2021-0004, ZC 2021-0003, CT 2021-0001, PUO 2021-0004,
PUD 2022-0002, and SOP 2021-0014" dated August 17, 2022, on file in the Planning Division, CT 2021·
0001/PUD 2021-0004/PUO 2022-0002/SDP 2021-0014 (DEV2020-0116}-JEFFERSON MIXED-USE, and to
determine whether the environmental effects of the later activity is within the scope of the previously
prepared EIR.
WHEREAS, pursuant to CEQA Guidelines section 15168, the request to construct four
residential air-space condominium units and an office building is within the scope ofthe of the previously
certified EIR. The effects of the ptoject were examined in the EIR and all feasible mitigation measures and
alternatives developed in the EIR adequately address the anticipated adverse effects of the project; and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in
furtherance of a project for which an EIR has been certified, the Lead Agency is required to review any
changed circumstances to determine whether any of the circumstances under Public Resources Code
section 21166 and CEQA Guidelines section 15162 require additional environmental review; and
WHEREAS, City staff evaluated the details of the request, which included the General Plan
Amendment and Zone Change and the environmental changes caused by the development project,
including planning, construction and operation in light of the standards for subsequent environmental
review outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162; and
WHEREAS, based on this evaluation, staff concluded that the EIR had fully analyied and
mitigated, where feasible, in compliance with CEQA, all potentially significant environmental impacts,. if
any, that would result from the details of the request, that the impacts to the environment as a result of
the modifications are consistent with and would not create substantial new or increased impacts beyond
PC RESO NO. 7458 -2-
Nov. 8, 2022 Item #8 Page 121 of 150
those that were evaluated in the EIR1 and that, therefore, no subsequent EIR or mitigated negative
declaration is now required;· and
WHEREAS, as a result of the proposed General Plan Amendment and Zone Change and
the concurrent processing and approval of the dev~lopment project, including planning, construction and
operation, and to document staff's evaluation of the environmental impact of said modifications, staff
prepared Addendum #3 to the Final EIR pursuant to CEQA Guidelines section 15164; and
WHEREAS, the city duly noticed a public hearing of the Jefferson Mixed-Use project
on August 17, 2022 to consider adoption of the project. The publi.c notice consisted of (1) that the project
is within the scope of the program approved earlier; and (2) the certified EIR adequately describes the
proposed project for the purposes of CEQA. Evidence was submitted to and considered by the Planning
Commission including, without limitation:
A) Written information including all application materials and other written and graphical
information posted on the project website.
B) Oral testftnony from city staff, interested parties, and the public.
C) The Planning Commission staff report, dated August 17, 2022, which along with fts
attachments, is incorporated herein by this referehce as though fully set forth herein.
D) Additional information submitted during the public hearing.
NOW, THEREFORE, BE IT HEREB,Y RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS ADOPTION of an addendum to Environmental Impact Report EIR
13-02, an amendment to the City of Carlsbad General Plan EIR, according to Exhibit 7 of
the staff report "15164 Addendum to EIR" hereto and made a part hereof, based on the
following findings·
PC RESO NO. 7458 -3-
Nov. 8, 2022 Item #8 Page 122 of 150
Findings:
1. State CEQA Guidelines section 15164 requires lead agencies. to prepare an Addendum to a
previously certified EIR if some changes or additions to the project are necessary, but none of the
conditions requiring preparation of a subsequent EIR are present. The Planning Commission has
reviewed and considered the EIR and Addendum and finds that those documents taken together
contain a complete and accurate reporting of all of the environmental impacts associated with
the revised project. The Planning Commission further finds that the Addendum and administrative
record have been completed in compliance with CEQA and CEQA Guidelines, and that the findings
related to the EIR and Addendum, taken together, reflect the Planning Commission's independent
judgment. Based upon the evidence submitted and as demonstrated by the analysis included in
the Addendum, which is attached to the staff report as Exhibit 7, none of the conditions described
in CEQA Guidelines sections 15162 or 15163 calling for the preparation of a subsequent or
supplemental EIR or negative declaration have occurred; specifically:
a. The proposed modifications to the project do not create substantial changes that would
require major revisions to the EJR due to the involvement of new significant
environmental· effects or a substantial increase in the severity of previously identified
significant effects; and
b. The proposed modifications to the project do not create substantial changes with respect
to the circumstances under which the project is undertaken that will require major
revisions of the previous EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
and
c. There is no new information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the EIR was
certified as complete and adoptedi that shows any of the following:
I. The modifications will have one or more significant effects not discussed in the
certified EIR;
II. Significant effects previously examined will be substantially more severe than
shown in the certified EIR;
Ill. Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the project, but the Applicant declines to adopt the mitigation measure or
alternative; or
IV. Mitigation measures or alternatives that are considerably different from those
analyzed in the certified EIR would substantially reduce one or more significant
effects on the environment, but the Applicant declines to adopt the mitigation
measure or a Iterative: and
V.
PC RESO NO . 7458
The evaluation of the proposed modifications to the project, certified EIR, and
Addendum reflects the Planning Commission'.s independent judgment and
-4-
Nov. 8, 2022 Item #8 Page 123 of 150
analysis based on the Planning Commission's review of the entirety of the
administrative record, which record provides the information upon which this
resolution is based .
d. Pursuant to the above findings, the Planning Commission determines that the EIR,
together with the Addendum, satisfy all the requirements of CEQA and is adequate to
serve as the required environmental documentation for the Project and, therefore,
hereby recommends that the City Council approve and adopt the Addendum for the
Project.
e. The custodian of the documents and other materials which constitute the record of
proceedings upon which this decision is based is the Office of the City Clerk of the City of
Carlsbad, 1200 Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on August 17, 2022, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjarih, Merz, and Sabellico
ATTEST:
MIKE STRONG
NOES;
ABSENT:
ABSTAIN:
Commissioner Stine
Commissioner Meenes
Assistant Community Development Director
PC RESO NO. 7458 -5-
PLANNING COMMISSION RESOLUTION NO.7459
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN AMENDMENT FROM R-15 RESIDENTIAL {8-15 DU/AC) TO R-15/O
RESIDENTIAL/OFFICE {8-15 DU/AC) AND ZONE CHANGE FROM
RESIDENTIAL DENSITY-MULTIPLE ZONE {RD-M) TO RESIDENTIAL
PROFESSIONAL -QUALIFIED DEVELOPMENT OVERLAY {R-P-Q) ON A
PARCEL GENERALLY LOCATED 2754 JEFFERSON STREET {APN 203-201-01-
00)IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: JEFFERSON MIXED-USE
CASE NO: GPA 2021-0004 /ZC 2021-0003 (DEV2022-0016)
Exhibit 8
WHEREAS, KARNAK PLANNING AND DESIGN, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by SCARPELLI FAMILY TRUST, "Owner," described as:
LOT 1 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA, ACCORDING
TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929.
("the property"); and
WHEREAS, said application constitutes a request for a General Plan Amendment and
Zone Change as shown on Exhibits "GPA 2021-0004" and "ZC 2021-0003" dated August 17, 2022,
attached hereto and on file in the Planning Division, GPA 2021-0004/ZC 2021-0003-JEFFERSON MIXED
USE, as provided in Government Code Section 65350 et. seq. and Section 21.52.030 of the Carlsbad
Municipal Code; and
WHEREAS, the proposed General Plan Amendment and Zone Change are set forth in
the draft City Council Ordinance, EXHIBIT "X" dated August 17, 2022, and attached hereto GPA 2021-
0004/ZC 2021-0003 -JEFFERSON MIXED-USE; and
WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to
an Environmental Impact Report {EIR), State Clearinghouse No. 2011011004 (EIR 13-02), relative to the
Project was prepared and the Planning Commission has reviewed and recommended the adoption of it
per Planning Commission Resolution No. 7458; and
Nov. 8, 2022 Item #8 Page 124 of 150
Nov. 8, 2022 Item #8 Page 125 of 150
WHEREAS, the Planning Commission did on August 17, 2022, 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
the General Plan Amendment and Zone Change.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 2021-0004/ZC 2021-0003 -JEFFERSON MIXED-USE,
based on the following findings and subject to the following conditions:
Findings:
General Plan Amendment, GPA 2021-0004
1. The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City's General Plan, based on the facts set forth in the staff report
dated August 17,2022, including, but not limited to the following:
a.
b.
C.
PC RESO NO. 7459
Land Use and Community Design Element-in that the request for a General Plan
Amendment to change the Land Use designation for 2754 Jefferson Street (APN
· 203-201-02-00) from R-15 Residential {8-15 du/ac) to R-15/O Residential/Office
(8-15 du/ac) will allow for consistency with the land use designation on the
adjacent parcel (2770 Jefferson Street, APN 203-201-02-00) so the sites can be
consolidated to develop the project.
Mobility-in that the property and adjacent parcel {2770 Jefferson Street, APN
203-201-02-00) are currently each developed with a single-family residence.
The proposal to demolish the residential buildings and construct four
residential air-space condominiums and a commercial office will result in a net
increase of 25 ADT which is below the screening criteria of 110 ADT, the project
is considered to have less than significant impacts and the surrounding street
system serving the project is adequate to handle the 45 ADT generated by the
project.
Noise -in that the project site is located outside of the Airport Influence Area
(AIA) and noise exposure range as shown on Exhibit 111-1 of the McClellan-
Palomar Airport ALUCP.
-2-
Nov. 8, 2022 Item #8 Page 126 of 150
d. Economy, Business, Diversity, and Tourism -in that the proposal to re-
designate the site from R-15 to R-15/O provides a new opportunity for four
residential airspace condominium units and a commercial office which is
compatible with the surrounding residential and commercial uses.
Zone Change, ZC 2021-0003
2. That the proposed Zone Change from Residential Density-Multiple Zone (RD-M) to Residential
Professional -Qualified Development Overlay Zone (R-P-Q) is consistent with the goals and
policies of the various elements of the General Plan, in that the R-P-Q zoning designation
implements the R-15/O Residential/Office (8-15 du/ac) General Plan Land Use Designation. The
Zone Change will allow for consistency with the land use designation on the adjacent parcel
(2770 Jefferson Street, APN 203-201-02-00) so the sites can be consolidated to develop the
Project and avoid split zoning.
3. That the Zone Change will provide consistency between the General Plan and Zoning as mandated
by California state law and the City of Carlsbad General Plan Land Use Element, in that the
Residential Professional -Qualified Development Overlay (R-P-Q) Zoning designation shown on
Exhibit "ZC 2019-0001" attached hereto implements the R-15/O Residential/Office (8-15 du/ac)
General Plan Land Use Designation. Pursuant to CMC Section 21.18.010, it is intended that the
R-P zone be placed on properties designated with office, medium-high density, and high-density
land use designations of the General Plan. The project site is adjacent to other commercial and
medium-high density to high density land uses. The zone change will allow for four residential
airspace condominium units and an office to be constructed by avoiding split zoning. Therefore,
the proposed Zone Change from Residential Density-Multiple (RD-M) to Residential
Professional -Qualified Development Overlay (R-P-Q) complies with the intent of the R-P-Q
zone.
4. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the residential and office uses allowed
by the proposed zone change are compatible with the adjacent land uses, which include multi-
family residences and commercial office uses. In addition, the proposed restaurant is
conveniently located adjacent to the Interstate 5 highway.
General
5. All necessary public facilities can be provided concurrent with need, and adequate provisions have
been provided to implement those portions of the capital improvement program applicable to
the subject property.
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 7459 -3-
Nov. 8, 2022 Item #8 Page 127 of 150
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading
permit, building permit or approval of the City of Carlsbad final map, whichever comes first.
1. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the General Plan Amendment and Zone Change 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.
2. 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 General Plan Amendment and Zone Change, (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.
3. This approval is granted subject to the approval of Addendum #3 to the City of Carlsbad General
Plan EIR State Clearinghouse No. 2011011004 (EIR 13-02} and CT 2021-0001/PUD 2021-
0004/PUD 2022-0002/SDP 2021-0014 and is subject to all conditions contained in Planning
Commission Resolutions No. 7458 and 7460 for those other approvals incorporated herein by
reference.
PC RESO NO. 7459 -4-
Nov. 8, 2022 Item #8 Page 128 of 150
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on August 17, 2022, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjarin, Merz, and Sabellico
NOES:
ABSENT:
ABSTAIN:
ALICIA LAFFERTY, Vice
CARLSBAD PLANNING C
ATTEST:
MIKE STRONG
Commissioner Stine
Commissioner Meenes
Assistant Community Development Director
PC RESO NO. 7459 -5-
PLANNING COMMISSION RESOLUTION NO. 7460
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECCOMENDING APPROVAL OF A RESIDENTIAL
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, NON
RESIDENTIAL PLANNED DEVELOPMENT PERMIT, AND SITE
DEVELOPMENT PLAN TO CONSTRUCT FOUR RESIDENTIAL AIR-SPACE
CONDOMINIUM UNITS AND A DETACHED, APPROXIMATELY 897-
SQUARE-FOOT OFFICE BUILDING ON AN APPROXIMATE 0.32 ACRE SITE
LOCATED AT 2770 AND 2754 JEFFERSON STREET (APNs 203-201-01, -02)
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
Jefferson Mixed-Use
CT 2021-0001/PUD 2021-0004/PUD 2022-
0002/SDP 2021-0014 (DEV2020-0116)
Exhibit 9
WHEREAS, KARNAK PLANNING AND DESIGN, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by SCARPELLI FAMILY TRUST, "Owner," described as
LOTS 1 AND 2 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA,
ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Planned Development Permit, Non-Residential Planned Development Permit, and Site Development
Plan as shown on Exhibit(s) "A"..;. "AA" dated August 17, 2022, on file in the Planning Division, CT 2021-
0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0116) -JEFFERSON MIXED-USE, as
provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to an
Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02), relative to the
Project was prepared and the Planning Commission has reviewed and recommended the adoption of it
per Planning Commission Resolution No. 7458; and
WHEREAS, the Planning Commission did, on August 17, 2022, hold a duly noticed public
hearing as prescribed by law to consider said request; and
Nov. 8, 2022 Item #8 Page 129 of 150
Nov. 8, 2022 Item #8 Page 130 of 150
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and
Site Development Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-
0014 (DEV2020-0116) -JEFFERSON MIXED-USE, based on the following findings and
subject to the following conditions:
Findings:
Tentative Tract Map, CT 2021-0001
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the four-unit residential air-space
condominium and detached office project created through the tentative tract map satisfies all
the minimum requirements of Title 20 and has been designed to comply with other applicable
regulations including the Residential Professional -Qualified Development Overlay Zone (R-P-
Q), the Planned Development Ordinance, Growth Management Ordinance, and the R-15/O
Residential Office (8-15 du/ac) General Plan Land Use designation.
There are special circumstances or conditions affecting the subject property, which makes the
approval of a General Plan Amendment and Zone change necessary to accommodate the
development proposal on one legal lot. With the prospective approval of a General Plan
Amendment and Zone Change to adjust the boundaries between the land use designations and
zoning districts on the project site, the proposed subdivision would be consistent with the
General Plan. The project is also consistent with, and advances, a number of other important
goals and policies of the General Plan, as discussed in the August 17, 2022 Planning Commission
staff report.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties to the north, south, and east contain multi-family residences, and the properties to
the west contain residential and commercial uses. The surrounding properties to the south have
a General Plan Land Use designation as R-15/O Residential/Office (8-15 du/ac), the properties
to the north and east are designated as R-15 Residential (8-15 du/ac) and the properties to the
west are designated as Village-Barrio (V-B) which allows for a mixture of residential and
PC RESO NO. 7460 -2-
Nov. 8, 2022 Item #8 Page 131 of 150
commercial uses. Given the existing surrounding development, the air-space residential
condominium and detached office project is compatible with existing and future land uses.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required development standards and design criteria required by the Residential
Professional -Qualified Development Overlay Zone (R-P-Q) and the Planned Development
Ordinance are incorporated into the four-unit residential air-space condominium and detached
office project without the need for any variances from development standards.
The granting of the Tentative Map would not violate the requirements, goals, policies, or spirit
of the General Plan. The Project also would not be out of character for the area because the
proposed development would be well integrated into its surroundings, since the new structures
would incorporate compatible and integrated architecture, materials and colors, the project
wouid not be visually obstructive or disharmonious with surrounding areas, or harm major
views from adjacent properties. Necessary services and facilities are available or can be
provided.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that there are no
easements of record or easements established by court judgment for access through or use of
the property within the property.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes, if desired.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources in that the applicant
proposes to purchase two affordable housing credits to satisfy their inclusionary housing
obligations and to meet the housing needs of the region. As such, the project has been
conditioned to require the purchase of two affordable housing credits prior to building permit
issuance, or four units if building permits for the four-unit project has not been applied for
within two years of demolishing the existing home(s).
The project is also subject to certain fees described in the Master Fee Schedule, as it exists now
or as amended. It is the city's intent that the costs representing future development's share of
public facilities and capital improvements be imposed on the project to ensure that new
development pays the capital costs associated with new growth.
8. That · the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
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Nov. 8, 2022 Item #8 Page 132 of 150
that the four-residential air-space condominium and detached office project will be constructed
at a location that is previously disturbed and developed with two single family dwellings with
associated accessory structures. In addition, the project site is surrounded by existing multi-
family development. All applicable requirements of the Map Act and any ordinance of the City
of Carlsbad regulating land divisions have been satisfied.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, 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.
Planned Development Permit, PUD 2021-0004
10. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of 3.13 dwelling units per acre (du/ac) for the four-unit residential air-space
condominium and detached office project is consistent with the proposed R-15/O General Plan
land use designation and all development standards applicable to the project as contained in
Chapters 21.18 {Residential Professional Zone {R-P)), 21.06 (Qualified Development Overlay
Zone (Q)) and 21.45 {Planned Developments) of the R-P-Q Residential-Professional -Qualified
Overlay Zone of the Carlsbad Municipal Code.
11. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the four-unit residential air-space condominium and detached
office project does not propose or require any variances from standards, is compatible with
existing surrounding uses as permitted by the Residential Professional -Qualified Development
Overlay Zone (R-P-Q), and does not create any traffic circulation impacts as Jefferson Street is
adequately designed to accommodate the 45 Average Daily Trips (ADT) being generated.
12. The project will not adversely affect the public health, safety, or general welfare, in that the four-
unit residential air-space condominiums and detached office project has been designed to
comply with all applicable development standards .to ensure compatibility with surrounding
single-family residential, multiple-family residential, and commercial uses.
13. The project's design, including architecture, streets, and site layout a) contributes to the
community's overall aesthetic quality; b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping; and c) achieves continuity among all elements of the
project, in that the four-unit residential air-space condominiums and detached office project is
designed with two separate buildings that are situated along a private drive aisle that is
enhanced by permeable interlocking pavers. The three-story residential structure and the two-
story commercial structure are architecturally harmonious with each other and include a variety
of exterior materials and colors. Primary building materials include light grey stucco, grey fiber
cement siding, pure white wood trim and gray siding with complimentary design elements such
as varied roof planes, varied window sizes and shapes, vinyl railings and eyebrows at window
heads. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall
project design.
PC RESO NO. 7460 -4-
Nov. 8, 2022 Item #8 Page 133 of 150
Nonresidential Planned Development Permit, PUD 2022-0002
14. The granting of this permit will not adversely affect and will be consistent with the code, the
general plan, applicable specific plans, master plans, and all adopted plans of the city and other
governmental agencies in that the density of 3.13 dwelling units per acre (du/ac) for the four-
unit residential air-space condominium and detached office project is consistent with the
proposed R-15/0 Residential/Office (8-15 du/ac) General Plan land use designation and all
development standards applicable to the project as contained in Chapters 21.18 (Residential
Professional (R-P) zone), 21.06 (Qualified Development Overlay (Q) zone) and 21.47
(Nonresidential Planned Developments) of the R-P-Q Residential-Professional zone -Qualified
Overlay of the Carlsbad Municipal Code.
15. The proposed use at the particular location is necessary and desirable to provide a service or
facility, which will contribute to the general well-being of the neighborhood and the community
in that the four-unit residential air-space condominium and detached office project will provide
commercial services in a convenient location adjacent to residential uses. The proposed
nonresidential planned development provides for individual ownership of the office building
with the four residential units which is compatible with the existing surrounding uses which
includes multi-family residences directly adjacent to the project site to the north, south and
east and commercial office buildings to the west.
16. Such use will not be detrimental to the health, safety, or general welfare of persons residing or
working in the vicinity, or injurious to property or improvements in the vicinity in that the four-
unit residential air-space condominium and detached office project meets all applicable city
standards and ordinances, and all public facilities and services are already developed. Adequate
parking, access, and drainage facilities for the project site will be provided onsite. Vehicular
access to and from the site from Jefferson Street is designed to be adequate for the proposed
nonresidential planned development.
17. The proposed nonresidential planned development meets all of the minimum development
standards of the underlying zone, except for lot area, in that the four-unit residential air-space
condominium and detached office project does not require variances from development
standards and the project is consistent with the R-P-Q Residential Professional Zone and
Qualified Development Overlay.
Site Development Plan, SOP 2021-0014
18. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposal to
construct four-unit residential air-space condominiums and detached office located at 2770 and
2754 Jefferson Street is . consistent with the General Plan and satisfies all minimum
requirements of Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities,
access and parking as discussed in the project staff report dated August 17, 2022.
19. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
PC RESO NO. 7460 -5-
Nov. 8, 2022 Item #8 Page 134 of 150
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the project consists of the construction of a four-unit residential air-space condominium and
detached office on two sites totaling 0.32-acres located at 2770 and 2754 Jefferson Street within
the Residential-Professional -Qualified Development Overlay Zone (R-P-Q). Residential uses
and Office uses are allowed by right in the R-P zone. Given that residential and commercial uses
are allowed in the surrounding properties, the proposed four-unit residential air-space
condominium and detached office project is compatible with existing and future land uses. The
proposed colors, materials and architectural features are well coordinated and complementary
to the site and its surroundings and would enhance the appearance of the neighborhood. No
evidence has been submitted or discovered that would suggest that the proposed project would
cause any material depreciation in appearance or detriment in value to the surrounding
neighborhood. The four-unit residential air-space condominium and detached office project will
not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding
streets have adequate capacity to accommodate the 45 _Average Daily Trips (ADT) generated by
the project. The project complies with all minimum development standards of the R-P-Q zone,
and the project provides adequate parking on-site and does not result in any significant
environmental impacts.
20. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the R-15/O Residential/Office land use designations allows residential
development at a density range of 8 to 15 dwelling units per acre. Bases on an acreage of 0.32
acres, the proposed four-unit residential condominium units and detached office have a density
of 12.5 dwelling units per acre. As the proposed project falls within the allowable density range
and meets all required development standards, the project will adequately accommodate the
proposed density.
21. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that as demonstrated in the project staff
report dated August 17, 2022, the four-unit residential air-space condominium and detached
office project complies with all development standards (i.e. setbacks, lot coverage, parking, and
height restrictions) of the Residential-Pr.ofessional -Qualified Development Overlay Zone (R-P-
Q). Landscaping along the outer edge of the property, including the areas along Jefferson Street,
will provide consistent with the requirements of the city's Landscape Manual. In addition to the
above, the masonry privacy walls on the property will be provided or maintained.
22. That the street systems serying the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the four-unit residential air-space condominium
and detached office project will take access from Jefferson Street and can adequately handle
the 45 Average Daily Trips (ADT) generated by the project. Jefferson Street is already improved.
The project will reconstruct portions of the curb, gutter and sidewalk along the project frontage
due to the addition of street landscaping along Jefferson Street.
PC RESO NO . 7460 -6-
Nov. 8, 2022 Item #8 Page 135 of 150
General
23 . The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated
September 15, 2021, including, but not limited to the following:
a. Land Use & Community Design -The proposed four-unit residential and detached
commercial development makes efficient use of the existing lot in that it increases the
number of units from two to four and also provides a commercial component on-site.
A four-unit development and detached commercial office is compatible with the
surrounding development. The project has a density of 12.5 dwelling units per acre
which is within the R-15/O Residential/Office density range of 8-15 dwelling units per
acre and does not exceed nor is below the density range required for this land use
designation.
b. Mobility -The proposed project has been designed to meet all the circulation
requirements, including a single driveway access point off Jefferson Street. In addition,
the applicant will be required to pay traffic impact fees prior to issuance of building
permit that will go toward future road improvements.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan
in that the project's building design adequately attenuates the noise levels for the units
2 and 3 of the condominiums and the detached office as described in the noise analysis
report (Eilar Associates, Inc., dated December 2020). The project has been conditioned
to provide a ventilation system for all habitable space within air-space condominium
unit 1 to allow all windows and doors closed for an extended period of time, so that
acceptable levels of noise can be maintained on the interior.
d. Housing -The project is conditioned to pay an in-lieu fee on a per unit basis for two unit
if building permits for the four-unit project are applied for within two years of
demolishing the existing two-unit residential development.
e. Public Safety -The proposed structural improvements will be required to be designed
in conformance with all seismic design standards. In addition, the project is consistent
with all of the applicable fire safety requirements. Additionally, the proposed project is
not located in an area of known geologic instability or flood hazard and the site is not
located in an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction
24. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
PC RESO NO. 7460 -7-
Nov. 8, 2022 Item #8 Page 136 of 150
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected ' .
prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
25. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
26. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
27. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shallbe satisfied prior to the issuance of grading
permit, building permit, or recordation of the Final Parcel Map, whichever comes first.
1. 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 ofthis Tentative Tract Map, Planned
Development Permit, Non-Residential Planned Development Permit, and Site Development
Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit, Non-Residential
Planned Development Permit, and Site Development Plan 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance .
4. 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,
PC RESO NO. 7460 -8-
Nov. 8, 2022 Item #8 Page 137 of 150
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.
5. 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 Tentative Tract Map, Planned Development Permit,
Non-Residential Planned Development Permit, and Site Development Plan, (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.
6. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site
Plan, conceptual grading plan and preliminary utility plan 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.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of Addendum #3 to the City of Carlsbad General
Plan EIR State Clearinghouse No. 2011011004 {EIR 13-02) and GPA 2021-0004 /ZC 2021-0003
and is subject to all conditions contained in Planning Commission Resolutions No. 7458 and 7459
for those other approvals incorporated herein by reference. ·
11. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
12. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
PC RESO NO. 7460 -9-
Nov. 8, 2022 Item #8 Page 138 of 150
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
14. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
15. Prior to the issuance of the grading permit or final map approval, whichever comes first,
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 a Tentative Tract Map, Planned Development Permit, Non-
Residential Planned Development Permit, and Site Development Plan, by Resolution No. 7460
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.
16. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
18. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions {CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final parcel map approval. Prior to Certificate of Occupancy, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. A "hold" will be placed on the building permit
(i.e. Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of
Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions:
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Nov. 8, 2022 Item #8 Page 139 of 150
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City within
30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that
the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article ____ __, Section ______ the city shall
have the right, but not the duty, to perform the necessary maintenance. If the city elects
to perform such maintenance, the city shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the city finds to be required and requesting the same be carried out
by the Association within a period of thirty {30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association's Easements within the period specified by the city's notice, the
City shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the City to perform
such maintenance of the Common Area Lots and or Association's Easements. The city
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the city will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
{20) days of receipt by the Association. If the Association shall fail to pay such invoice in
full within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent {6%) of the amount of the invoice.
Thereafter the City may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in addition
to all other rights and remedies available to the city, the city may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is levied.
Each Owner in the Project hereby vests the city with the right and power to levy such
special assessment, to impose a lien upon their respective Lot and to bring all legal actions
and/or to pursue lien foreclosure procedures against any Owner and his/her respective
Lot for purposes of collecting such special assessment in accordance with the procedures
set forth in Article _____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ _
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Nov. 8, 2022 Item #8 Page 140 of 150
f. Balconies. trellis. and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _
19. This project is being approved for residential homeownership purposes. If any of the units in the
project are rented, the minimum time increment for such rental shall be not less than 30 days. The
CC&Rs for the project shall include this requirement.
20. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy of
the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City-
approved documents and exhibits.
21. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed
from view and the sound buffered from adjacent properties and streets, in substance as provided
in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community
Development and Planning.
22. The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per
market rate dwelling unit basis for two units in the amount in effect at the time, as established by
City Council Resolution from time to time. If building permits are not applied within two years of
demolishing the existing two residential units, then the inclusionary housing in lieu fee will be
paid for four units.
23 . Developer shall construct, install, and stripe not less than 3 commercial parking spaces, and provide
2 visitor spaces and 8 garage parking spaces, as shown on Exhibit(s) "A" -"AA".
24. Prior to the commencement of any ground disturbing activities, the applicant shall conduct a
background search of paleontological resources and consult with San Diego's Natural History
Museum.
25. Prior to the commencement of any ground disturbing activities, the project developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site for ground
disturbing activities. In the event cultural material is encountered, the archaeologist is
empowered to temporarily divert or halt grading to allow for coordination with the
Luiseiio Native American monitor and to determine the significance of the discovery. ·
The archaeologist shall follow all standard procedures for cultural materials that are not
Tribal Cultural Resources.
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment arid Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luiseiio tribe that meets all standard requirements of the tribe for such
Agreements. This agreement will address provision of a luiseiio Native American
monitor and contain provisions to address the proper treatment of any tribal cultural
resources and/or luiseiio Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of
the Luiseiio Native American monitors and the archaeologist and may include the
following provisions. In some cases, the language below may be modified in
consultation with San Luis Rey Band of Mission Indians if special conditions warrant.
PC RESO NO. 7460 -12-
Nov. 8, 2022 Item #8 Page 141 of 150
i. A Luiseiio Native American monitor shall be present during all ground disturbing
activities. Ground disturbing activities may include, but are not be limited to,
archaeological studies, geotechnical investigations, clearing, grubbing,
trenching, excavation, preparation for utilities and other infrastructure, and
grading activities.
ii. Any and all uncovered artifacts of Luiseiio Native American cultural importance
shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most
Likely Descendant, if applicable, and not be curated, unless ordered to do so by
a federal agency or a court of competent jurisdiction.
iii. The Luiseiio Native American monitor shall be present at the project's
preconstruction meeting to consult with grading and excavation contractors
concerning excavation schedules and safety issues, as well as to consult with
the archaeologist Pl concerning the proposed archaeologist techniques and/or
strategies for the project.
iv. Luiseiio Native American monitors and archaeological monitors shall have joint
authority to temporarily divert and/or halt construction activities. If tribal
cultural resources are discovered during construction, all earth-moving activity
within and around the immediate discovery area must be diverted until the
Luiseiio Native American monitor and the archaeologist can assess the nature
and significance of the find.
v. If a significant tribal cultural resource(s) and/or unique archaeological
resource(s) are discovered during ground-disturbing activities for this project,
the San Luis Rey Band of Mission Indians shall be notified and consulted
regarding the respectful and dignified treatment of those resources. Pursuant
to California Public Resources Code Section 21083.2(b) avoidance is the
preferred method of preservation for archaeological and tribal cultural
resources. If, however, the Applicant is able to demonstrate that avoidance of
a significant and/or unique cultural resource is infeasible and a data recovery
plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey
Band of Mission Indians shall be consulted regarding the drafting and
finalization of any such recovery plan.
vi.
vii.
PC RESO NO. 7460
When tribal cultural resources are discovered during the project, if the
archaeologist collects such resources, a Luiseiio Native American monitor must
be present during any testing or cataloging of those resources. If the
archaeologist does not collect the tribal cultural resources that are unearthed
during the ground disturbing activities, the Luiseiio Native American monitor
may, at their discretion, collect said resources and provide them to the San Luis
Rey Band of Mission Indians for dignified and respectful treatment in
accordance with their cultural and spiritual traditions.
If suspected Native American human remains are encountered, California
Health and Safety Code Section 7050.S(b) states that no further disturbance
-13-
Nov. 8, 2022 Item #8 Page 142 of 150
shall occur until the San Diego County Medical Examiner has made the
necessary findings as to origin. Further, pursuant to California Public Resources
Code Section 5097.98(b) remains shall be left in place and free from disturbance
until a final decision as to the treatment and disposition has been made.
Suspected Native American remains shall be examined in the field and kept in
a secure location at the site. A Luiseiio Native American monitor shall be
present during the examination of the remains. If the San Diego County Medical
Examiner determines the remains to be Native American, the Native American
Heritage Commission (NAHC} must be contacted · by the Medical Examiner
within 24 hours. The NAHC must then immediately notify the "Most Likely
Descendant" about the discovery. The Most Likely Descendant shall then make
recommendations within 48 hours, and engage in consultation concerning
treatment of remains as provided in Public Resources Code 5097.98.
viii. In the event that fill material is imported into the project area, the fill shall be
clean of tribal cultural resources and documented as such. Commercial sources
of fill material are already permitted as appropriate and will be culturally
sterile. If fill material is to be utilized and/or exported from areas within the
project site, then that fill material shall be analyzed and confirmed by an
archeologist and Luiseiio Native American monitor that such fill material does
not contain tribal cultural resources.
ix. No testing, invasive or non-invasive, shall be permitted on any recovered tribal
cultural resources without the written permission of the SLRBMI.
x. Prior to the release of the grading bond, a monitoring report and/or evaluation
report, if appropriate, which describes the results, analysis and conclusions of
the monitoring program shall be submitted by the archaeologist, along with the
Luiseiio Native American monitor's notes and comments, to the City of Carlsbad
for approval. Said report shall be subject to confidentiality as an exception to
the Public Records Act and will not be available for public distribution.
26. Prior to occupancy, the residential structure shall be constructed in accordance with the
following requirements:
a. All windows and glass doors in the residential structure shall have a minimum sound
transmission class (STC) of 25.
b. All exterior doors installation in the residential structure shall include all-around
weather-tight door stop seals and improved threshold closure system.
c. An acoustical resilient, non-skinning, butyl caulking compound shall be applied between
the rough opening and the finished door frame for all doors, as well as any other
penetrations, cracks or gaps through the assembly of the residential structure.
d. A mechanical ventilation system must be installed in all habitable space within air-space
condominium unit 1. The mechanical ventilation system must meet the criteria of the
California Mechanical Code, including the capability to provide appropriate ventilation
PC RESO NO. 7460 -14-
Nov. 8, 2022 Item #8 Page 143 of 150
rates. The ventilation system shall not compromise the sound insulation capability of
the exterior wall or be dependent on ventilation through windows.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map.
General
1. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
2. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
3. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, street trees,
sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact
development features, storm drain facilities, etc. located therein and to distribute th·e costs of
such maintenance in an equitable manner among the owners of the properties within this
subdivision.
4. Developer shall include rain gutters on the building plans subject to the City Engineer's review
and approval. Developer shall install rain gutters in accordance with said plans.
5. Developer shall prepare, submit and process for City Engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
6. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
7. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Jefferson Street as shown on the Tentative
Map/Site Plan.
Fees/ Agreements
8. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
9. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
PC RESO NO. 7460 -15-
Nov. 8, 2022 Item #8 Page 144 of 150
10. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
11. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of streetlights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
12. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
13. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, material deliveries, bathroom
facilities, parking of construction vehicles, employee parking, construction fencing and gates,
obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
Storm Water Quality
14. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
15. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan {SWPPP) to the satisfaction of the City Engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
16. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form .
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices {BMPs). These BMPs include site design,
source control and Low Impact Design {LID) measures including, but notlimited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
PC RESO NO. 7460 -16-
Nov. 8, 2022 Item #8 Page 145 of 150
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the City Engineer.
17. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash
Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval,
to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by
this condition shall be reviewed and approved by the city engineer with final grading plans and/or
building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city's latest fee schedule.
Dedications/Improvements
18. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
19. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the City Engineer.
20. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C . Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the city engineer. These improvements include, but are not limited to:
a. Driveway approach
b. Remove and replace existing curb, gutter, and sidewalk
c. Non-contiguous sidewalk
d. Install sewer and water services
e. Grind and overlay existing AC pavement at the project frontage, half street width
f. Curb drains
21. Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the subdivision or development improvement agreement or such other time as provided in said
agreement.
22. Developer shall design, and obtain approval from the City Engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the City Engineer.
PC RESO NO. 7460 -17-
Nov. 8, 2022 Item #8 Page 146 of 150
23. Developer is responsible to ensure all existing overhead utilities servicing the subject property are
to be undergrounded as shown on the tentative map and to the satisfaction of the City Engineer.
No new or relocated utility poles are allowed.
24. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Tentative Map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
25. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
ii. Driveway approach
iii. Remove and replace existing curb, gutter, and sidewalk
iv. Non-contiguous sidewalk
v. Install sewer and water services
vi. Grind and overlay existing AC pavement at the project frontage, half street
width
vii. Curb drains
b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
d. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any diversion of waters, the alteration of the normal flow of surface waters or
drainage, or the concentration of surface waters or drainage from the drainage system or
other improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in
the city approved development plans.
PC RESO NO. 7460 -18-
Nov. 8, 2022 Item #8 Page 147 of 150
Utilities
e. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
26. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project.
27. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
28. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
29. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
30. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District Engineer
and City Engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including out not limited to the
following:
31. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
32. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
33. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
34. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
35. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
PC RESO NO. 7460 -19-
Nov. 8, 2022 Item #8 Page 148 of 150
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
37. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
38. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
39. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
40. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
41. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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
PC RESO NO. 7460 -20-
Nov. 8, 2022 Item #8 Page 149 of 150
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.
AYES: Commissioners Lafferty, Luna, Kamenjarin, Merz, and Sabellico
NOES:
ABSENT: Commissioner Stine
ABSTAIN: Commissioner Meenes
I
CARLSBAD PLANNI
ATTEST:
µm
MIKE STRONG
Assistant Community Development Director
PC RESO NO. 7460 -21-
Exhibit 10
ENVIRONMENTAL EVALUATION-SUPPLEMENTAL
JEFFERSON MIXED-USE
GPA2021-0004, ZC2021-0003, CT2021-0001, PUD2021-0004, PUD2022-0002, SDP2021-0014
(DEV2020-0116)
City staff evaluated the details of the project, and all aspects of the changes, in light of the
standards for subsequent environmental review outlined in Public Resources Code section 21166
and CEQA Guidelines section 15162. City staff concluded that the PEIR fully analyzed and
mitigated, where feasible, all potentially significant environmental impacts, if any, that would
result from the construction of four residential air-space condominium units and an office
building, and therefore, no subsequent EIR or subsequent mitigated negative declaration is
required. However, the details of the request also involve the processing and approval of a
General Plan Amendment and Zone Change. Since the types of land uses permitted were not
within the scope of the PEIR, a subsequent EIR, supplement to the EIR, mitigated negative
declaration or negative declaration would have to be prepared. An addendum to a EIR may also
be prepared, if minor changes or additions to the previous EIR are necessary, but none of the
conditions listed in section 15162 of the CEQA Guidelines, have occurred.
On that basis, city staff has prepared an Addendum, focusing on the environmental changes
caused by the development project, including planning, construction and operation, pursuant to
CEQA Guidelines section 15164 (see Exhibit 10). The Addendum is appropriate pursuant to CEQA
Guidelines section 15164 because only minor changes and additions to the Final PEIR are
necessary to address the project changes and no circumstances exist calling for the preparation
of a subsequent or supplemental PEIR pursuant to CEQA Guidelines sections 15162 and 15163.
The proposed Addendum concluded that there are no substantial changes to the circumstances
under which the proposed project is undertaken that would require major revisions to the Final
PEIR. There is no new information of substantial importance which was not known or could not
have been known at the time the Final PEIR was certified that shows the proposed project would
have significant effects not discussed previously; a substantial increase in severity of a previously
identified significant impact; mitigation measures or alternatives previously found infeasible that
would now be feasible and would substantially reduce one or more significant effects; or
mitigation measures or alternatives which are considerably different from those analyzed in the
Final PEIR which would substantially reduce one or more significant effects on the environment.
The project would not result in new or more severe impacts beyond those addressed in the Final
PEIR and would not meet any other standards requiring further environmental review under
State CEQA Guidelines sections 15162 and 15163. No further analysis or environmental
documentation is required.
Nov. 8, 2022 Item #8 Page 150 of 150
TO: CITY CLERK
DATE OF PUBLIC HEARING:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
SU BJ ECT: __ '-j....:=.......::Q..,=,.(/J~U?s:;.,A""""~~. ,.,__.,S)::)~-'r71~ ...... :P,q:s.._..d2"'---'-'/J""'--'--"~~---
LOCATION: Wi:200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: _________________ _
· DATE POSTED To c1TY wrns1TE / o/2 ?,/J;?
DATE NOTICES MAILED TO PROPERTY OWNERS: / o(d,-J&z;;_,
NUMBER MAILED:
I declare under penalty of perjury under the laws.of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~ CLERK'S OFFICE □OTHER _______ _
,j 1fL~ 10/;n!:a
Signature Date
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
~oast News on / ola--5t:D..
PUBLICATION DATE: Union Tribune --------------
Coast News _ __,_/ ..... o c.-,./_._d--8i.,,_· -'-'-#-/_...2=:J--.· .. ~----
1 declare under penalty of perj ury under the laws of the State of California that I am employed by
the City of Ca rlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □ OTHER _______ _
Signa Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, Nov. 8, 2022, to consider approving a General Plan Amendment and Zone
Change to modify of the land use designation of one parcel totaling 0.16 acres (APN: 203-201-01-00) from
a R-15 Residential (8 -15 du/ac) General Plan land use designation to R-15/O Residential/Office (8 -15
du/ac), and to change the zoning from Residential Density-Multiple Zone (RD -M) to Residential
Professional -Qualified Development Overlay (R-P-Q); and 2) approval of a Tentative Tract Map, Planned
Development Permit, Non-Residential Planned Development Permit, and a Site Development Plan to
construct four residential air-space condominium units and a detached, approximately 897-square-foot
office building located at 2770 and 2754 Jefferson Street within Local Facilities Management Zone l. The
potential environmental effects of the project were adequately analyzed by a previously certified
Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) for the
Comprehensive General Plan Update (EIR 13-02) and an Addendum to the Final EIR was prepared pursuant
to CEQA Guidelines section 15164 because only minor changes and additions to the Final EIR are necessary
to address the project changes and no circumstances exist calling for the preparation of a subsequent or
supplemental EIR pursuant to CEQA Guidelines sections 15162 and 15163 and more particularly described
as:
LOT 1 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff report will be made available on Nov. 4, 2022. The meeting can be viewed online at
https://www.carlsbadca.gov/city-hall/meetings-agendas or on the city's cable channel. In addition, written
comments may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention of
Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to clerk@carlsbadca.gov.
The hearing will commence at 5 p.m. or as soon thereafter as the matter can be heard. If you have any
questions, please contact Lauren Yzaguirre in the Planning Division at (442) 339-2634 or
lauren.yzaguirre@carlsbadca.gov.
If you challenge the General Plan Amendment, Zone Change, Tentative Tract Map, Planned Development
Permit, Site Development Permit in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice or in written correspondence delivered to the City
of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the
public hearing.
CASE FILE:
CASE NAME:
PUBLISH:
GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP
2021-0014 (DEV2020-0116)
JEFFERSON MIXED-USE
FRIDAY, OCT. 28, 2022
CITY OF CARLSBAD
CITY COUNCIL
5160*
MELANIE MAURO
800 GRAND AVE, UNIT 203
CARLSBAD, CA 92008
THUM FAMILYTRUST07-18-12
800 GRAND AVE, UNIT 207
CARLSBAD, CA 92008
ZARNOW FAMILY TRUST02-14-03
800 GRAND AVE, UNIT 211
CARLSBAD, CA 92008
HERBERT LEE & BEVERLY ANN JONES
800 GRAND AVE, UNIT 307
CARLSBAD, CA 92008
FALLONE RF TRUST 08-24-06
800 GRAND AVE, UNIT 310
CARLSBAD, CA 92008
JAMES & TISHA MARKHAM
853 HOME AVE
CARLSBAD, CA 92008
ADAN ME FAMILYTRUST05-10-07
880 HOME AVE, UNIT B
CARLSBAD, CA 92008
Dill FAMILY TRUST 07-26-04
880 HOME AVE, UNITE
CARLSBAD, CA 92008
TED W STAFFORD/ROSALIE AS
MCCORMACK
888 LAGUNA DR
CARLSBAD, CA 92008
BLAKE BALDWIN & ARTI THU MAR
965 HOME AVE
CARLSBAD, CA 92008
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REED CALVIN L & LINDA E REVOCABLE
LIVING SURVIVORS
800 GRAND AVE, UNIT 204
CARLSBAD, CA 92008
JOSEPHS & JOYCE M QUINCE
800 GRAND AVE, UNIT 208
SAN DIEGO, CA 92109
JAN E & MARGARETA JANSSON
800 GRAND AVE, UNIT 304
· CARLSBAD, CA 92008
THEODORE F SCHRAMM
800 GRAND AVE, UNIT 308
CARLSBAD, CA 92008
BRISCOE SUSAN FAMILY TRUST
835 LOMA PRIETA DR
APTOS, CA 95003
LIZANNE V HACKETT
855 HOME AVE
CARLSBAD, CA 92008
JASON & TINA M BURKE
880 HOME AVE, UNIT F
CARLSBAD, CA 92008
ERIC A & AYDEE B ZIELKE
880 HOME AVE, UNIT G
CARLSBAD, CA 92008
LOPEZ DANIEL & !RENE REVOCABLE
TRUST 11-08-07
928 HOME AVE
CARLSBAD, CA 92008
WILLIAMS ERICK & KRISTINA C
REVOCABLE TRUST
972 LAGUNA DR
CARLSBAD, CA 92008
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BERGAMASCHI RICHARD J &
MARCHELE A FAMILY TRUST
800 GRAND AVE, UNIT 206
CARLSBAD, CA 92008
BUBB FAMILY 2012 TRUST 04-23-12
800 GRAND AVE, UNIT209
CARLSBAD, CA 92008
KUBAT FRANK J JR TRUST 12-08-06
800 GRAND AVE, UNIT 306
CARLSBAD, CA 92008
SHEW STEVEN & TIFFANY FAMILY
TRUST 04-04-20
800 GRAND AVE, UNIT 309
CARLSBAD, CA 92008
OSULLIVAN DENNISJ FAMILY TRUST
8462 DEEPVIEW DR
HUNTINGTN BEACH, CA 92646
STAYNER FAMILY TRUST 12-30-99
857 HOME AVE
CARLSBAD, CA 92008
GREGORY & CHARMAINE LILLESTRAND
880 HOME AVE, UNIT D
CARLSBAD, CA 92008
HEIDRICH LIVING TRUST 02-24-16
882 HOME AVE, UNIT B
CARLSBAD, CA 92008
JOSHUA D/DENNIS R HATCH
946 A LAGUNA DR
CARLSBAD, CA 92008
ALLAN S & TANYA K PHILLIPS
974 HOME AVE
CARLSBAD, CA 92008
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5035 TIERRA DEL ORO
CARLSBAD, CA 92008
51601t
PANDELIS & EVANGELIA KOUKIS
507 N HOWARD ST
GLENDALE, CA 91206
ZOUCHA-REPP CAROLYN J FAMILY
TRUST 02-09-18
5301 E MITCHELL DR
PHOENIX, AZ 85018
BENCHMARK PACIFIC LTD II
550 LAGUNA DR, UNIT B
CARLSBAD, CA 92008
DR21 LLC
5816 DRYDEN PL
CARLSBAD, CA 92008
MURPHY MICHAEL K/HOWARD F TR
630 GRAND AVE, UNIT I
CARLSBAD, CA 92008
LS G NABER INVESTMENTS LLC
6704 LONICERA ST
CARLSBAD, CA 92011
2801 JEFFERSON STREET L LC
7232 EL FUERTE ST
CARLSBAD, CA 92009
UCKER FAMILY LIVING TRUST 11-01-02
800 GRAND AVE
UNIT 102
CARLSBAD, CA 92008
JEFFREY M REVELLE
800 GRAND AVE, UNIT 107
CARLSBAD, CA 92008
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DAVID R WILLIAMS
5041 N CAMINO SUMO
TUCSON, AZ 85718
CARLYLE TOWNHOMES COMMUNITY
ASSOCIATION
5075 SHOREHAM PL,UNIT 280
SAN DIEGO, CA 92122
BARLOW KAREN J TRUST/ANGELA D
HANIFIN
5315 AVEN I DA ENCINAS, UNIT 130
CARLSBAD, CA 92008
BENCHMARK PACIFIC POINSETTIA LP
550 LAGUNA DR, UNIT B
CARLSBAD, CA 92008
ROOSEVELT TAMARACK INVESTMENTS
PROPERTY HOLDING LLC
6 VENTURE, UNIT 215
IRVINE, CA 92618
JAY CARLSBAD LLC/JAY KINGS HM LLC
6300 S SYRACUSE WAY, UNIT 430
CENTENNIAL, co 80111
STEPHANIE CONDE
703 PIER AVE, UNIT 349B
HERMOSA BEACH, CA 90254
ANGELA S KLEIN
725 ARBUCKLE PL
CARLSBAD, CA 92008
HAVILUK BARBARA D REVOCABLE
LIVING TRUST 11-26-84
800 GRAND AVE, UNIT 103
CARLSBAD, CA 92008
BROSNAN JAMES J & PAMELA A
BROSNAN TRUST 03-03-20
800 GRAND AVE, UNIT 108
CARLSBAD, CA 92008
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OLIVAS ARLENE O LIVING TRUST 12-18-
14
5065 ENCHANTED OAKS DR
COLLEGE STATION, TX 77845
STEPHANIE BROTZMAN
5242 SAPPHIRE ST
ALTA LOMA, CA 91701
TIMOTHY M BROPHY
540 W CAMBRIDGE AVE
VISALIA, CA 93277
SHOWALTER FAMILYTRUST04-28-94
5687 VERBA ANITA DR
SAN DIEGO, CA 92115
GB-LDC FAMILY TRUST 07-31-20
603 SEAGAZE DR, UNIT 513
OCEANSIDE, CA 92054
STIDMAN VALERIE H REVOCABLE TRUST
6504 CHEROKEE TRL
MINNEAPOLIS, MN 55439
HARRIS FAMILY TRUST 10-17-97
722 ARBUCKLE PL
CARLSBAD, CA 92008
SCANLON FAMILY TRUST 12-18-90
7306 BORLA PL
CARLSBAD, CA 92009
MICHAEL & DAWN B OBRIEN
800 GRAND AVE, UNIT 105
CARLSBAD, CA 92008
GARCIA-ROSS FAITH M 2019 TRUST
800 GRAND AVE, UNIT 109
CARLSBAD, CA 92008
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FRANK D & SHARON D MURPHY
2692 WALNUT BLVD
WALNUT CREEK, CA 94596
BANDEMER BRUCE & KELLY FAMILY
TRUST 12-28-00
2720 JEFFERSON ST
CARLSBAD, CA 92008
UNITED STATES POSTAL SERVICE
2772 ROOSEVELT ST
CARLSBAD, CA 92008
GLORIA BANUELOS
2820 HOPE AVE, UNIT B
CARLSBAD, CA 92008
KURISU FAMILYTRUSTOl-06-09
2820 HOPE AVE, UNIT F
CARLSBAD, CA 92008
LIEBERMAN FAMILY TRUST
300 CARLSBAD VILLAGE DR, UNIT 108
CARLSBAD, CA 92008
PEARSON FAMILY TRUST 05-29-18
3265 HIGHLAND DR
CARLSBAD, CA 92008
SUSAN G LAMPE
3609 SEASHORE DR, UNIT 8
NEWPORT BEACH, CA 92663
VICTOR & ANGELA BALAKER
3811 ALDER AVE
CARLSBAD, CA 92008
THOMAS C/CHRISTOPHER W CURTIN
4401 MANCHESTER AVE, UNIT 206
ENCINITAS., CA 92024
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WILSON LIVING TRUST
2710 MADISON ST
CARLSBAD, CA 92008
JEFFERSON BUILDING
2755 JEFFERSON ST, UNIT 200
CARLSBAD, CA 92008
TUPPER FAMILY LIVING TRUST 01-24-74
2785 JEFFERSON ST
CARLSBAD, CA 92008
NORA RAVECA LIVING TRUST 01-16-09
2820 HOPE AVE, UNIT D
CARLSBAD, CA 92008
ALBERTO & MELISSA PEREZ
2820 HOPE AVE, UNIT G
CARLSBAD, CA 92008
R REG INVESTMENTS SERIES LLC
SERIES 1033
3005 S EL CAMINO REAL
SAN CLEMENTE, CA 92672
JOHNSON LISA K FAMILY TRUST
3306 E KACHINA DR
PHOENIX, AZ 85044
MICHAEL & KIRSTEN GOESSMAN
3655 ADAMS ST
CARLSBAD, CA 92008
STROTHER 1996 TRUST 10-17-96
3811 MARGARET WAY
CARLSBAD, CA 92008
JOHNSON FAMILY TRUST 12-27-85
4513 COVE DR, UNIT 12
CARLSBAD, CA 92008
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FRANKLIN FAMILYTRUST04-30-90
2712 MADISON ST
CARLSBAD, CA 92008
STADNICK FAMILY TRUST 07-03-00
27684 N 71ST WAY
SCOTTSDALE, AZ 85266
ROEi MAI MON & NETTA ZIV
2820 HOPE AVE, UNIT A
CARLSBAD, CA 92008
RICHARD ASHTON
2820 HOPE AVE, UNITE
CARLSBAD, CA 92008
WHEELER FAMILY LIVING TRUST
2820 HOPE AVE, UNIT H
CARLSBAD, CA 92008
BUCKMASTER CHAD & AMANDA
FAMILY TRUST 02-01-12
3119 CIRCA DE TIERRA
ENCINITAS, CA 92024
JEFFERSON ST PROPERTIES LLC
3424 AVENI DA DE LOYOLA
OCEANSIDE, CA 92056
GING INVESTMENTS
3682 HERMAN AVE
SAN DIEGO, CA 92104
CORRELL FAMILY TRUST ·
4245 SUNNYHILL DR
CARLSBAD, CA 92008
WILSON MARILYN TRUST 11-27-06
4920 COLLINGWOOD DR
SAN DIEGO, CA 92109
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THOMAS GRAHAM & FRASER ANN H
FAMILY TRUST
2119 OCEANVIEW RD
OCEANSIDE, CA 92056
JOHN G & MARY T GOBLE
2252 FIRE MOUNTAIN DR
OCEANSIDE, CA 92054
MIGUEL A & LOPEZ MARIVIC T LOPEZ-
PANAMA
2308 MENDOTA WAY
ROSEVILLE, CA 95747
KROENER REVOCABLE TRUST 11-30-83
2516 MONTGOMERY AVE
CARDIFF, CA 92007
SEARLES MONTANO FAMILY
REVOCABLE TRUST 03-08-06
2607 CABRILLO PL
CARLSBAD, CA 92008
SANDAHUOHN & BARRETT ANN
FAMILY TRUST 11-13-18
2615 CABRILLO PL
CARLSBAD, CA 92008
CARLSBAD LAND PARTNERS LLC
264 PACIFIC AVE
SOLANA BEACH, CA 92075
DOUGLAS R & JACQUELINE ELLIS
2654 DAVIS PL
CARLSBAD, CA 92008
2770 MADISON LLC
2667 OCEAN ST
CARLSBAD, CA 92008
BRANNICK/STROTTO TRUST 08-14-17
2678 MADISON ST
CARLSBAD, CA 92008
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GAIL V M D & ALICE HANDERSON
217 OAKLAWN AVE
S PASADENA, CA 91030
WITTENBERG STEVEN & RHONDA 1996
LIVING TRUST
2259 MONTGOMERY AVE
CARDIFF, CA 92007
PETER A & GEORGETTE ROCK
2421 S EL CAMINO REAL
SAN CLEMENTE, CA 92672
ANTON IO B & LESLIE M WHITLEY
2604 CABRILLO PL
CARLSBAD, CA 92008
BIGGS MILLARD R & EVELYN TRUST 04-
15-87
2612 CABRILLO PL
CARLSBAD, CA 92008
GREGORY E & SUZANNE PARSONS
2634 RAINBOW VALLEY BLVD
FALLBROOK, CA 92028
JOE P APODACA/HORTENCIA M
RAMOS
2645 MADISON ST
CARLSBAD, CA 92008
POEHLMAN REVOCABLE FAMILY TRUST
09-19-06
2660 DAVIS AVE
CARLSBAD, CA 92008
DESILVA FAMILYTRUSTOl-16-06
2668 MADISON ST
CARLSBAD, CA 92008
TURNER TERESA M TRUST 11-10-03
26803 WESTVALE RD
PLS VRDS PNSL, CA 90274
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SUSAN M BERGER
22506 SE 45TH LN
ISSAQUAH, WA 98029
MORTLAND BRUCE E TRUST
2297 DUNSTEN ST
OCEANSIDE, CA 92054
SOOHOO GEORGE MANE REVOCABLE
TRUST 10-29-16
2506 LIGHTHOUSE LN
CORONA DEL MAR, CA 92625
DONALD R & ESTRADA SUSAN E
MCLAUGHLIN
2605 CABRILLO PL
CARLSBAD, CA 92008
SEMAAN & CATHY NAKHOUL
2613 CABRILLO PL
CARLSBAD, CA 92008
MACKEN FAMILY TRUST
26364 PALM TREE LN
MURRIETA, CA 92563
GOLDMAN GLENN L TRUST 08-10-01
2653 ROOSEVELT ST, UNIT D
CARLSBAD! CA 92008
MORISON SONDRAl< & WATTS JAMES
B LIVING TRUST
2664 MADISON ST
CARLSBAD, CA 92008
SECHREST DENNIS R & KAREN H
REVOCABLE TRUST 11-18-93
2677 JEFFERSON ST
CARLSBAD, CA 92008
TREJO FAMILY TRUST 10-22-93
2687 MADISON ST
CARLSBAD, CA 92008
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DUDZIK DUO LLC
2815 JEFFERSON ST, UNIT 300
CARLSBAD, CA 92008
MATSUI RICHARD K & VERA B TRUST
1005 LAGUNA DR
CARLSBAD, CA 92008
P G P CARLSBAD L LC
10951 SORRENTO VALLEY RD, UNIT 2A
SAN DIEGO, CA 92121
SOFIA S GOLDSTEIN
114 CRYSTAL CT
NOVATO, CA 94949
CHARLES & LORRAINE WULLENJOHN
1259 DISCOVERY ST
SAN MARCOS, CA 92078
WILSON CORY A & SUSAN J TRUST
1330 LONG LAKE RD
FLORENCE, WI 54121
FIVE COASTAL GEM PROPERTIES LL C
158 CAVE
CORONADO, CA 92118
HEKMAT FAMILY TRUST 02-24-06
17234 SILVER GUM WAY
SAN DIEGO, CA 92127
LAGUNA BREEZE CONDOMINIUMS LL C
1868 CREST DR
ENCINITAS, CA 92024
KARLE STEINBERG
2044 S HORNE ST
OCEANSIDE, CA 92054
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CASTENS FAMILY REVOCABLE TRUST
2381 JEFFERSON ST, UNIT A
CARLSBAD, CA 92008
THOMAS A & KELLY K MATYN
1015 LAGUNA DR
CARLSBAD, CA 92008
PGP CARLSBAD SENIORS LTD II
10951 SORRENTO VALLEY RD, UN IT 2A
SAN DIEGO, CA 92121
CONSTANCE SPIRO & RUTH M FAMILY
TRUST 05-01-92
1176 SAN PABLO DR
SAN MARCOS, CA 92078
ROBERT L/ROSENDA P PIERGEORGE
1312 TORCH KEY WAY
JUPITER, FL 33458
GARY L & JUANA H JACKSON
1359 WOODVIEW CT
OCEANSIDE, CA 92056
HAVER FAMILY 2011 TRUST 05-18-11
16520 SENTER RA DR
DELRAY BEACH, FL 33484
M R CARLSBAD 11 LLC
18181ST AVE
UNIT 100
SAN DIEGO, CA 92101
THOMAS A & CATHERINE J BAIRD
1883 MAYA CT
VISTA, CA 92081
MAKATURA FAMILY TRUST 10-25-01
2052 KIRKLAND CIR
THOUSAND OAKS, CA 91360
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929 ORCHID WAY
CARLSBAD, CA 92011
HUOH LIVING TRUST 07-24-96
1033 VIA ZUMAYA
PALOS VERDES ESTATES, CA 90274
FAMILY CONNECTIONS CHRISTIAN
ADOPTIONS INC
1120TU LL YRD
MODESTO, CA 95350
FORBES-HAGAN TRUST 12-03-21
1187 HUMMINGBIRD CIR
LONGMONT,CO 80501
COAST VILLAGE APARTMENT HOMES LP
1322 SCOTT ST, UNIT 204
SAN DIEGO, CA 92106
TSAI PROPERTIES LLC
1368 SAPPHIRE DR
CARLSBAD, CA 92011
CARLSBAD ROOSEVELT LP
1707 E HIGHLAND AVE
UNIT 100
PHOENIX, AZ 85016
LEWIS & ELSBREE
1827 DORA DR
CARDIFF, CA 92007
PEEWEE BEACHHOUSE LLC
1915 ANDREWS CT
OCEANSIDE, CA 92054
BURNETT JAMES D & KIMBERLY
REVOCABLE TRUST 02-06-06
208 GIBSON PT
SOLANA BEACH, CA 92075
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3005 S EL CAMINO REAL
SAN CLEMENTE, CA 92672
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603 SEAGAZE DR, UNIT 513
OCEANSIDE, CA 92054
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TED W STAFFORD/ROSALIE AS MCCORMACK
888 LAGUNA DR
CARLSBAD, CA 92008
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MORISON SONDRA K & WATTS JAMES B LIVING
TRUST
2664 MADISON ST
CARLSBAD, CA 92008
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Jefferson Mixed-Use
Lauren Yzaguirre, Associate Planner
Community Development Department
November 8, 2022
{ City of
Carlsbad
ITEM 8: Jefferson Mixed-Use
LOCATION Jefferson Mixed-Use
GPA2021-0004 / ZC 2021-0003
CT 2021-0001/ PUD 2021 -0004
PUD 2022-0002/SDP 2021-0014 (DEV2020-0016)
0 25 50 100
{ City of
Carlsbad
PROJECT DESCRIPTION
•The project proposes to:
–Demolish two existing single-family residences
–Merge two legal lots
–Construct four air-space condominiums
–Construct a detached office building
ITEM 8: Jefferson Mixed-Use
{ City of
Carlsbad
RENDERINGS
ITEM 8: Jefferson Mixed-Use
(D 3D Model View #1 {city of
Carlsbad
SOUTH-WEST & NORTH ELEVATIONS
I
SW7672
Knitting Needles
Stucco
SW7613
Pewter Cast
Siding
® North Elevation
1/8" = 1'-0"
SW7005
Pure White
Trim, Posts, Railings, & Garage Doors
SW 7047
Porpoise
Roof
SW9133
Jasper Stone
Entry Door
North/East
South/East Elevation
North/East & South/East Elevations
,-. Roof --
-'729°:-31/4"
,-. _ Lev~I 3 _
-~0'-3"
,-. Lev~I 1 _ =-'7o"
Level
10'-11/,
Level
C
GENERAL PLAN AMENDMENT
GPA 2021-0004: Proposed General Plan Land Use Designation Changes
Lot Address APN Existing Proposed
A 2754 Jefferson St.203-201-01-00 R-15 R-15/O
B 2770 Jefferson St.203-201-02-00 R-15/O R-15/O
A AB B
EXISTING PROPOSED
ZONING MAP AMENDMENT
ZC 2021-0003: Proposed Zoning Map Changes
Lot Address APN Existing Proposed
A 2754 Jefferson St.203-201-01-00 RD-M R-P-Q
B 2770 Jefferson St.203-201-02-00 R-P-Q R-P-Q
A AB B
RD-M RD-M
l
EXISTING PROPOSED
CEQA
•The project is consistent with the General Plan Environmental Impact
Report (EIR 13-02)
•No supplement or subsequent EIR is required
•3rd Addendum to the General Plan/Climate Action Plan PEIR
ITEM 8: Jefferson Mixed-Use
{ City of
Carlsbad
PLANNING COMMISSION ACTION
•Planning Commission recommended approval (5-0-2)
•No members of the public expressed support or opposition
ITEM 8: Jefferson Mixed-Use
{ City of
Carlsbad
RECOMMENDATION
•Adopt a resolution:
o Adopting an Addendum to the City of Carlsbad General Plan EIR
o Approving a General Plan Amendment
•Introduce an ordinance approving:
o Zone Change
•Adopt a resolution approving:
o Development Entitlements
ITEM 8: Jefferson Mixed-Use
{ City of
Carlsbad