HomeMy WebLinkAbout2023-05-03; Planning Commission; Resolution 7484PLANNING COMMISSION RESOLUTION NO. 7484
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL
DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, SPECIAL USE
PERMIT -FLOODPLAIN, AND SPECIAL USE PERMIT -EL CAMINO REAL,
AND A WAIVER OF GENERAL PLAN OPEN SPACE POLICY 4-P.6 TO ALLOW
FOR ROAD IMPROVEMENTS ALONG EL CAMINO REAL FOR PROPERTY
GENERALLY LOCATED WITHIN THE PUBLIC RIGHTS-OF-WAY ON EL
CAMINO REAL FROM JACKSPAR DRIVE TO SUNNY CREEK ROAD, WITHIN
LOCAL FACILITIES MANAGEMENT ZONES 15
CASE NAME:
CASE NO:
EL CAMINO REAL WIDENING FROM JACKSPAR DRIVE
TO SUNNY CREEK ROAD
CDP 2021-0044/ HDP 2022-0008/ SUP 2021-0002/
SUP 2022-0002 (PUB 2020-0009)
WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad
described as right-of-way and a portion of property identified by Assessor's Parcel Number 209-060-4800,
209-060-5800, 209-090-1100 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit, a
Hillside Development Permit and two Special Use Permits as shown on Exhibit(s) "A" -"QQ" dated May
3, 2023, attached hereto and on file in the Carlsbad Planning Division, CDP 2021-0044, HOP 2022-0008,
SUP 2021-0002, SUP 2022-0002 -EL CAMINO REAL ROAD IMPROVEMENTS FROM JACKSPAR DRIVE TO
SUNNY CREEK ROAD, as provided in Chapters 21.40, 21.110, 21.95, and 21.201 of the Carlsbad Municipal
Code;and
WHEREAS, the City Planner has determined that the road improvements are categorically exempt
from CEQA pursuant to CEQA Guidelines section 15303{d) Class 3 and that no exception to the exemption
as set forth in CEQA Guidelines section 15300.2 applies; and
WHEREAS, the determination was posted on October 19, 2022 and no appeals of this
determination were received in accordance with Carlsbad Municipal Code Section 21.54.140; and
WHEREAS, the Planning Commission did, on May 3, 2023, hold a duly noticed public hearing as
prescribed by law to consider said request;
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 Coastal
Development Permit, Hillside Development Permit, Special Use Permit -Floodplain, and Special Use
Permit -El Camino Real, and General Plan Open Space Policy 4-P.6
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CDP. 2022-0014, HOP 2021-0003, SUP 2021-0002, SUP
2012-0002, AND A WAIVER OF GENERAL PLAN OPEN SPACE POLICY 4-P.6 -EL CAMINO
REAL ROAD IMPROVEMENTS FROM JACKSPAR DRIVE TO SUNNY CREEK ROAD, based on
the following findings and subject to the following conditions:
Findings:
Coastal Development Permit CDP 2021-0044
The proposed Project is in conformance with the Mello II Segment of the Certified Local Coastal Program
and all applicable policies in that the project site is located within an approximately 2,300-foot length of
northbound El Camino Real Street right-of-way between Jackspar Drive/Rancho Carlsbad Drive and Sunny
Creek Road. The Project is in conformance with the following policies of the LCP:
a. Policy 1-1 Allowable Land Uses. The Project complies because it is consistent with the General
Plan and the Local Coastal Program.
b. Carlsbad LCP Mello Policy 3-1.1 Habitat Management Plan (HMP). The Project Area does not
include any sensitive environmental resources. While the Project would impact vegetation,
vegetation communities mapped within the Project Area consist of non-native grassland and a
remnant of isolated native shrubs such as coastal golden bush, coyote brush, and a few California
sagebrush and toyon. While some of these plant species can be used by the California gnatcatcher
for foraging, the remnant of disturbed vegetation is fragmented and surrounded by urban
development and have no connection to high-quality habitat. Therefore, the isolated shrubs are
not considered a sensitive vegetation community or habitat for the California gnatcatcher.
c. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The grading that occurs
as part ofthe Project is consistent with the Hillside Development Standards. Grading will not occur
during the rainy season unless sufficient erosion control measures have been included in the
project construction program. All impermeable surfaces will be repaved, all ground cover
vegetation will be replanted with native grasses.
d. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The Project is not located within
sensitive resources. While some vegetation clearing is necessary for the expansion of the roadway
and sidewalk, the Landscape Manual guidelines will be strictly followed, with two trees being
replanted for every tree removed. Furthermore, the project not only seeks to improve the
roadway but also enhance the surrounding greenery through the planting of trees, shrubs, and a
diverse range of vegetation.
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e. California Coastal Act. The proposal is in conformity with the public access and recreation
policies of Chapter 3 of the Coastal Act in that the proposed road improvements would improve
public access opportunities and recreational resources. The road improvements will not obstruct
views of the coastline as seen from public lands or the public right-of-way; therefore, the visual
beauty of the coastal zone will not be diminished, nor will there be any impacts to coastal
resources or public access. No agricultural uses currently exist on the site. The project will not
impact agricultural uses. The project is not located in an area of known geologic instability. No
agricultural activity, geological instability, flood hazard or vertical coastal access opportunity
exist onsite, and the development does not obstruct views of the coastline as seen from public
lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone. It is also
necessary to state that only a small section of the project falls within the LCP, nonetheless, a
coastal development permit is necessary.
f. Coastal Protection Overlay Zone. The project is consistent with the provisions of the Coastal
Resource Protection Overlay Zone {Chapter 21.203 of the Zoning Ordinance) in that the project
will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan {SUSMP) and Jurisdictional Runoff Management
Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. While steep
slopes are located near the eastern part of the Project site, the Project will comply with all
applicable Hillside Development Standards. The site is not located in an area prone to landslides,
or susceptible to accelerated erosion, or liquefaction. Although the Project is subject to flooding
from a 100-year storm event or dam inundation, the project is built to withstand such events
and allow water to pass through the waterway without obstruction. No habitable structures will
be built on the site, and the adjacent golf course will not be affected as it already sits in the
floodplain. The roadway and sidewalk are roughly 10 feet above the floodplain elevation,
making the site immune to flooding. The retaining wall will also minimize any intrusion into the
floodplain, and two new curb inlets will be installed to handle a 100-year storm event. There
have been no reports of flooding at the site during large rain events.
Hillside Development Permit HOP 2021-0003
The Hillside Development Ordinance serves to ensure that the natural and artificial slopes of the land are
considered in the planning process and maintain aesthetic appeal while reducing project grading. This
ordinance applies to the current project, which involves road improvements, grading of slopes at 15
percent grade and an elevation differential greater than 15 feet, and construction of a retaining wall along
El Camino Real. The Project adheres to the city's hillside development standards by limiting the amount
of grading to 5,700 cubic yards per acre and incorporating slope heights, grading, drainage, and other
requirements of the standards. The Project adheres to the grading volume requirements. It does not
involve grading of natural slopes and does not disturb sensitive vegetation. No agricultural activity,
geological instability, or vertical coastal access opportunity exist on site, and the development does not
obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the
visual beauty of the coastal zone. The Project is within an area designated as a flood zone. This is discussed
in subsequent sections. The Project's compliance with the Hillside Development Standards is discussed
below:
a. That hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages, in that the Project has properly identified
existing and proposed conditions and slope percentages as shown on Exhibit(s) "A" -"QQ"
dated May 3, 2023.
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b. That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on
the constraints map, in that the Project has properly identified slopes over 40% on the
constraints map as shown on Exhibit(s) "A" -"QQ" dated May 3, 2023.
c. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the Project preserves the aesthetic qualities of natural
hillsides along El Camino Real by retaining or recreating topographic elevations consistent with
the natural and organic slopes of the surrounding area. The total grading of the area is 7,500
square feet which is under the 10,000 square feet criteria, referenced in section 21.95.145 that
would make this area be considered "undevelopable".
d. That the proposed development or grading will not occur in the undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the
project area does not include grading on slopes that are natural or contain significant
environmental features. The total grading of the area is 7,500 square feet which is under the
10,000 square feet criteria, referenced in section 21.95.145 that would make this area be
considered "undevelopable".
e. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that the project preserves and/or enhance the
aesthetic qualities of hillsides to the extent feasible. The proposed design preserves the natural
setting of the slopes by rolling into grade elevations.
f. That the project design and lot configuration minimize disturbance of hillside lands, in that the
project impacts 5,700 cubic yards per acre and optimizes the use of a retaining wall to limit
grading beyond the project limits.
g. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may
require significant amounts of grading, in that there are no unusual soils or soil characteristics
that require unique or extensive grading. The Project preserves and/or enhance the aesthetic
qualities of hillsides to the extent feasible.
h. That the site requires extensive grading to accommodate a circulation-element roadway, in that
the city's General Plan prioritizes the expansion of El Camino Real as a vital arterial street with
a goal of six lanes at full build-out. This particular segment has long been identified for
expansion and the upcoming construction project will bring it in line with the neighboring cross-
sections.
i. That the proposed modification will result in significantly more open space or undisturbed area
than would a strict adherence to the requirements of the ordinance, in that the Project has been
refined to be as limited as possible and in doing so preserves most of the open space and
undisturbed areas.
Special Use Permit -Floodplain SUP 2021-0005
The Project location has been designated as Zone AE with Floodway, which is a special flood hazard area,
as per the Flood Insurance Rate Map dated May 15, 2012. These areas have a 1% chance of being affected
by flooding in a given year, also known as the base flood or 100-year flood. Before construction can begin,
a Special Use Permit is necessary to ensure public health, safety, and welfare are protected and minimize
flood-related losses. The roadway widening and retaining wall will only encroach 788 square feet into the
flood hazard area and will not cause floodwater to divert to the site. The proposed drainage facilities are
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designed to meet the city's criteria and will not direct flow to adjacent properties or cause upstream
flooding. No habitable structures will be built on the site, and the adjacent golf course will not be affected
as it already sits in the floodplain. The roadway and sidewalk are roughly 10 feet above the floodplain
elevation, making the site immune to flooding. The retaining wall will also minimize any intrusion into the
floodplain and two new curb inlets will be installed to handle a 100-year storm event. There have been
no reports of flooding at the site during large rain events. The Project's compliance with the Floodplain
Special Use Permit Standards is discussed below:
a. The site is reasonably safe from flooding in that the Project's proposed roadway widening and
retaining wall encroach slightly into FEMA Flood zone AE, but do not result in the diversion of
floodwater onto the site. Proposed drainage facilities were designed to meet the city's spread
width, flow depth, and storm drain criteria, as outlined in the Project's Final Drainage Report.
Additionally, no habitable structures will be placed on the Project site. The golf course that is
directly adjacent to the Project site will not be adversely affected by this Project. The golf course
already sits within the floodplain, so it will not incur a change in inundation during large
stormwater events. Furthermore, the roadway widening, and sidewalk are located roughly 10
feet above the floodplain water surface elevation. This means that the Project site is not subject
to flooding.
b. The project as proposed has been designed to minimize the flood hazard to the habitable portions
of the structure in that the Project does not propose any habitable structures as defined by the
city's municipal code.
c. The proposed project does not create a hazard for adjacent or upstream properties or structures
in that no watercourse will be altered or relocated as a result of the Project. The Project is
located approximately 600 feet from the nearest regulatory floodway/watercourse.
d. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the Project does not create a hazard for adjacent or
upstream properties or structures. Proposed drainage work is designed to perpetuate drainage
patterns and does not direct off-site flows to adjacent properties, nor cause upstream
backwater that would flood upstream properties or structures. Furthermore, this Project has
storm drain improvements that meet and/or exceed the City's Drainage standard, which helps
with stormwater conveyance. Ultimately, the storm drain improvements proposed with this
Project reduce the amount of stormwater runoff into the floodway.
e. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-
year frequency in that on-site storm drain facilities are designed in accordance with city drainage
criteria, in which the combined storm drain facilities and street flow shall convey the 100-year
peak flow between the top of curbs as shown in the Project Drainage Report. Additionally, the
Project installs two new curb inlets along El Camino Real to handle the 100-year storm event.
There is currently no flooding at the site during large rain events. The Project is also installing
Biofiltration best management practices behind the curb line of El Camino Real. These
Biofiltration best management practices will accept stormwater runoff through curb-cuts along
the curb/gutter line, and the stormwater runoff that enters the best management practices will
be briefly detained within the best management practices to help slow the rate of runoff.
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f. The proposed project taken together with all the other known, proposed, and anticipated projects
will not increase the water surface elevation of the base flood more than one foot at any point in
that the Project's encroachment of 788 square feet into an approximately 866,550 square foot
flood plain is a mere 0.09% of the total floodplain. It is reasonable to assume that the cumulative
effect of the proposed Project when combined with all other existing, proposed, and anticipated
development will not increase the elevation of the base flood more than one foot at any point.
g. All other required state and federal permits have been obtained.
Special Use Permit-El Camino Real Corridor SUP 2022-0002
A special use permit is required for development within the El Camino Real Scenic Corridor Overlay Zone.
The purpose of this overlay is to preserve the scenic qualities and maintain and enhance the appearance
of the roadway through design concepts and development standards. This section of El Camino Real is
defined as Area 3, a southerly section that extends from near Country Store to College Boulevard. The
corridor development standards identify this area as dominated by residential uses. Many of the
standards discussed in the regulations pertain to such details as signage, setback from roadway, and
building height, which do not apply to the proposed project. The project would incorporate other design
features such as sidewalks and enhanced landscaping and would not modify the existing identified design
theme of the residential area. Overall, the project would not conflict with the El Camino Real Corridor
Development Standards.
a. The Project is consistent with the general plan, local coastal program, the requirements of the
zoning code, and any other applicable requirements in that the roadway expansion is consistent
with the city's General Plan which prioritizes the expansion of El Camino Real as a vital arterial
street with a goal of six lanes at full build-out. This particular segment on El Camino Real
between Jackspar Drive and Sunny Creek Road has long been identified for expansion and the
upcoming construction project will bring it in line with the neighboring cross-sections. The
Project is in conformance with the Mello II Segment of the Certified Local Coastal Program and
all applicable policies. The Project is located in the Open Space zone and one of the intents and
purposes of the zone is to provide opportunities for open space and recreational uses. Per CMC
Section 21.33.020, bicycle paths and transportation rights-of-way are permitted uses in the OS
zone. The road widening and pedestrian improvements are consistent with the intent and
purpose of the zone in which it is located. The Project occurs predominately within the existing
public right-of-way and for those reasons, the R-1 and RD-M/C-L zone development standards
are not applicable to this project area.
b. The Project is consistent with the intent and purpose of the El Camino Corridor Development
Standards in that the Project is consistent with the landscaping and lighting requirements of the
EL Camino Corridor Development Standards. The Landscape Manual guidelines will be strictly
followed, with two trees being replanted for every tree removed. Furthermore, the project not
only seeks to improve the roadway but also enhance the surrounding greenery through the
planting of trees, shrubs, and a diverse range of vegetation.
c. The Project will not adversely affect the scenic, historical, or cultural qualities of the property in
that the Project will not adversely affect the scenic, historical, or cultural qualities of the
property. The Project does not include street furniture, but it does include lighting, new
signage and landscaping.
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General Plan Open Space Policy 4-P.6
General Plan Open Space Policy 4-P.6 requires that adjustments of the boundaries of any open space area
shown on the Land Use Map be allowed only if all of the following criteria are met:
a. The proposed open space area is equal to or greater than the area depicted on the Land Use Map.
b. The proposed open space area is of environmental quality equal to or greater than that depicted
on the Land Use Map.
c. The proposed open space is contiguous or within close proximity to open space shown on the Land
Use Map.
The City Council may also adjust the boundary of any open space area shown on the Land Use Map if it
finds that the adjustment is necessary to mitigate a sensitive environmental area that is impacted by
development, provided the open space boundary modification preserves open space at a 2 to 1 ratio and
is within close proximity to the original area of open space.
Additionally, the City Council may exempt public rights-of-way from the open space boundary adjustment
requirements. However environmental analysis shall be performed for all proposed public right-of-way
improvements, and if determined that there are significant adverse impacts to the value of the open space
system, those impacts shall be mitigated. The adjustment of open space boundaries shall not result in the
exchange of environmentally constrained lands that are designated open space on the Land Use Map for
lands that are not environmentally constrained.
This Project includes public right-of-way improvements and is requesting an exemption from the City
Council for the open space boundary adjustment findings. An environmental analysis was conducted
and found no sensitive vegetation within the open space adjustment area. Therefore, the Project meets
the requirements for the City Council to exempt this Project from Open Space Policy 4-P.6.
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice
to Proceed or commencement of construction, whichever occurs 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 of this Coastal Development Permit,
Hillside Development Permit and two Special Use Permits.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit, Hillside Development Permit, and two Special
Use Permit 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
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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,
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 Coastal Development Permit, Hillside Development
Permit, and two Special Use Permits, (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. 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 (Site Plan or other),
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. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. 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.
10. 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
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
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writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of
Carlsbad, California, held on May 3, 2023, by the following vote, to wit:
AYES : Merz Hubinger, Kamenjarin, Lafferty, Meenes, and Stine
NOES:
ABSENT:
ABSTAIN: Sabellico
Peter Mer , Chair
CARLSBAD PLANNING COM
ATTEST:
Eric Lardy
City Planner
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