HomeMy WebLinkAbout2023-05-03; Planning Commission; ; El Camino Real Road Improvements from Jackspar Drive to Sunny Creek Road: A request to widen the northbound segment of El Camino Real for approximately 2,300 feet and conItem No. 6
Meeting Date: May 3, 2023
To: Planning Commission
Staff Contact: Izzak Mireles, Associate Planner; 442-339-2693; izzak.mireles@carlsbadca.gov
Subject: El Camino Real Road Improvements from Jackspar Drive to Sunny Creek Road: A
request to widen the northbound segment of El Camino Real for approximately
2,300 feet and construct roadway improvements between Jackspar Drive and
College Boulevard.
Location: El Camino Real between Jackspar Drive/Rancho Carlsbad Drive and Sunny Creek
Road and within a small portion of Assessor Parcel Numbers (APN) 209-060-
4800, 209-060-5800, 209-090-1100/District 2
Case Numbers: CDP 2021-0044, HDP 2022-0008, SUP 2021-0002, and SUP 2022-0002 (PUB
2020-0009)
Applicant/Representative: Brandon Miles, Associate Engineer; 442-339-2745;
brandon.miles@carlsbadca.gov
CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR
☐Other:
Permit Type(s): ☐SDP ☐ CUP ☒ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA
☒Other: HDP, SUP (Floodplain), SUP (El Camino Real Corridor)
CEQA Status: ☐The environmental assessment IS on the Agenda for discussion
☒A CEQA determination was already issued. That decision is final and
IS NOT on the Agenda
Commission Action: ☐Decision ☒ Recommendation to City Council ☐ Informational (No Action)
Recommended Actions
That the Planning Commission ADOPT a Resolution (Exhibit 1) RECOMMENDING APPROVAL of a Coastal
Development Permit (CDP 2021-0044), Hillside Development Permit (HDP 2022-0008), Special Use Permit – El
Camino Real Corridor (SUP 2021-0002), Special Use Permit – Floodplain (SUP 2022-0002), and a waiver of General
Plan Open Space Policy 4-P.6 based on the findings and subject to the conditions contained therein.
Existing Conditions & Project Description
El Camino Real (ECR) is predominately a six-lane, north-
south roadway through much of its length in the city,
between the City of Oceanside to north and the City of
Encinitas to the south. Portions of ERC are improved with
only five-lanes (three-lanes in one direction and two-lanes
in the other), including the sections between Jackspar
Drive and Sunny Creek Road; between Camino Vina Roble
and Poinsettia; and between Arenal Road and the San
Marcos Creek bridge (Batiquitos Lagoon just to the north
May 3, 2023 Item #6 Page 1 of 91
of La Costa Avenue). Sidewalks and Class II bicycle lanes
are present intermittently on both side of the roadway.
The Project involves a request to widen the two-lane northbound segment of ECR between Jackspar Drive and
Sunny Creek Road. In addition, in the northbound direction of ECR, there is an existing gap in the bicycle lane
and a missing sidewalk of approximately 300 feet in the area just south of the Jackspar Drive/Rancho Carlsbad
Drive. Table “A” below includes the General Plan designations, zoning and current land uses of the subject site
and surrounding properties. Please refer to the general plan and zoning designation maps below.
TABLE A – SITE AND SURROUNDING LAND USE
Proposed Project
The proposed Project will widen the northbound segment of ECR for approximately 2,300 feet and features other
multi-modal improvements.
•Widening of ECR: The Project will enhance vehicular mobility by adding a third northbound lane through
a combination of roadway widening and pavement restriping and adding curb and gutter where currently
missing. The widening occurs for approximately 2,300 feet between Sunny Creek Road and Jackspar
Drive/Rancho Carlsbad Drive. Grading would occur along ECR on the northbound entrance to Rancho
Carlsbad Drive, including the addition of a retaining wall. The height of the retaining wall would vary from
six feet to a maximum of 15 feet at its highest point of elevation as measured from the lower ground
level of the adjacent property. The retaining wall will not be visible from street level from ECR and is
necessary to provide structural integrity to the roadway and underlying earth.
Location General Plan Designation Zoning Designation Current Land Use
Site N/A (Right-of-Way) N/A (Right-of-Way) El Camino Real Road
North N/A (Right-of-Way) N/A (Right-of-Way) El Camino Real Road
South N/A (Right-of-Way) N/A (Right-of-Way) El Camino Real Road
East
Open Space (OS)
Residential 0-4 units per
acre, (R-4), Residential 8-
15 units per acre/Local
Shopping Center, (R-15/L)
Open Space (OS), One-Family
Residential (R-1), Residential
Density-Multiple/Local Shopping
Center (RD-M/C-L)
Rancho Carlsbad Golf Course
and vacant land
West
Open Space (OS),
Residential 0-4 units per
acre, (R-4)
Open Space (OS), One-Family
Residential (R-1)
Single family residential
homes
General Plan Designation Zoning Designation
May 3, 2023 Item #6 Page 2 of 91
•Other Improvements: The Project will add approximately 245 feet of sidewalk and striping of bicycle
lanes (Class II) in the northbound direction between Sunny Creek Road and Jackspar Drive, ensuring a
safe and accessible route for pedestrians and cyclists.
Minor right-of-way acquisition and temporary construction easements will be required at key locations along the
Project alignment from four parcels. The new right-of-way would match the ultimate right-of-way to the north
and south of the Project limits. The Project improvements will allow for this segment of ECR to become a six-lane
arterial roadway consistent with the Mobility Element of the city’s General Plan. Grading for the proposed
improvements includes 5,700 cubic yards of cut and 2,250 cubic yards of fill. Project plans are attached to the staff
report (Exhibit 6). While the Project was initiated prior to the city’s declaration of a bicycle, e-bicycle, and
motorized mobility device safety local state of emergency, the work supports the city’s emergency efforts to
improve traffic safety while improving circulation and ease of mobility for people using all forms of transportation.
The majority of the Project area falls within the existing right-of-way; however, it is important to note that a small
portion of the area outside the existing right-of-way includes approximately 844 square feet currently designated
as open space. General Plan Open Space Policy 4-P.6 addresses situations like these and sets criteria for proposed
adjustments to land use map open space boundaries. The policy recognizes the City Council's authority to approve
open space boundary adjustments for public right-of-way improvements, subject to certain conditions. An
environmental analysis must evaluate any significant impacts to the open space resulting from proposed right-of-
way improvements. The findings of this analysis are summarized in Exhibit 2.
Public Outreach & Comment
Public notice of the proposed Project was mailed on April 20, 2023 to property owners within 600 feet and
occupants within 100 feet of the subject property.
Project Analysis
General Plan Consistency
The City of Carlsbad General Plan includes goals and policies that guide development and land use within the
city.
The Project is consistent with multiple elements of the General Plan including the Mobility Element, Land Use
and Community Design Element, Open Space Element, and the Public Safety Element. A discussion of how the
Project is consistent with the applicable General Plan policies, including General Plan Open Space Policy 4-P.6 is
summarized in Exhibit 2.
Municipal Code Consistency
The City of Carlsbad Municipal Code, most notably Tile 21 Zoning Code, includes requirements and provisions that
guide development and land use within the city, consistent with the General Plan. Specific compliance with these
relevant requirements is described in Exhibit 2.
Local Coastal Program Consistency
A small portion of the project site is in the coastal zone and requires a Coastal Development Permit. The project
complies with the Local Coastal Program, including all goals and policies of the General Plan and all zoning code
standards, as referenced above.
Discretionary Actions & Findings
In addition to the General Plan findings necessary for the impact to Open Space, the proposed Project requires
approval as several permit types (Coastal Development Permit, Hillside Development Permit, Special Use Permit
-Floodplain and Special Use Permit - El Camino Real Corridor Development), and an Open Space Boundary
Adjustment each of which is discussed below. Since the City Council is the decision maker for the approval
May 3, 2023 Item #6 Page 3 of 91
required by General Plan Policy 4-P.6, all development is required to be approved by the City Council per Carlsbad
Municipal Code 21.54.040.
Coastal Development Permit (CDP 2022-0044)
Approval of a Coastal Development Permit (CDP) is required to ensure that the Project complies with the Local
Coastal Program, including all goals and policies of the General Plan and all zoning code standards, as referenced
above. Staff finds that the required findings for this application can be met (Exhibit 2).
Hillside Development Permit (HDP 2021-0003)
Approval of a Hillside Development Permit (HDP) is required to ensure that the natural and artificial slopes of the
land area are considered in the planning process and maintain aesthetic appeal while reducing Project grading.
Staff finds that the required findings for this application can be met (Exhibit 2).
Special Use Permit – Floodplain Management Regulations (SDP 2022-0002)
Approval of a Special Use Permit (SUP) is required if the Project site falls within a special flood hazard area, as per
the Flood Insurance Rate Map dated May 15, 2012. This permit is necessary to ensure public health, safety, and
welfare are protected and minimize flood-related losses. Staff finds that the required findings for this application
can be met (Exhibit 2).
Special Use Permit – El Camino Real Corridor Development Standards (SDP 2021-0002)
Approval of a Special Use Permit (SUP) 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. Staff finds that the required
findings for this application can be met (Exhibit 2).
Environmental Review
The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”) adopted
by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined
not to have a significant effect on the environment and as a result are exempt from further environmental review
under CEQA. City staff completed a review of the Project and potential environmental impacts associated with
the Project pursuant to CEQA and concluded that the Project qualified for an exemption pursuant to CEQA
Guidelines section 15303(d) new construction or conversion of small structures.
A notice of intended decision regarding the environmental determination was advertised on October 19, 2022
and posted on the city’s website. The notice included a general description of the Project, the proposed
environmental findings, and a general explanation of the matter to be considered. The findings and determination
contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by
the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance.
During the 10-day public review period, the city received no comment letters from the public regarding the
prospective environmental determination. Since no appeal was filed and no substantial evidence was submitted
that would support a finding that the exemption requirements would not be satisfied, the Project was determined
by the City Planner to not have a significant effect on the environment. The CEQA Determination letter is attached
to this staff report as Exhibit 4 and demonstrates that the Project is categorically exempt from further
environmental review. The City Planner’s written decision is final and the CEQA determination is not within the
Planning Commission’s purview. With the appropriate environmental clearances in place, all of the city’s
procedural requirements and relevant aspects of CEQA have been satisfied.
May 3, 2023 Item #6 Page 4 of 91
Conclusion
Considering the information above and in the referenced exhibits, staff has found that the proposed Project is
consistent with all applicable policies of the General Plan and Local Coastal Program, and provisions of the
Municipal Code. In addition, there are no environmental issues associated with the Project.
The Project is conditioned to ensure the proposed Project’s compatibility with the surrounding properties and
that the public health, safety, and welfare of the community are maintained. The Project would be required to
comply with all applicable California Building Standards Codes and engineering standards through the standard
building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt
the resolution, recommending approval of the proposed Project described in this staff report.
Exhibits
1.Resolution
2.Project Analysis
3.Applicant Analysis Memo
4.CEQA Determination of Exemption
5.Location Map
6.Reduced Exhibits
7.List of Acronyms and Abbreviations
8.Full Size Exhibits “A” – “QQ” dated May 3, 2023
May 3, 2023 Item #6 Page 5 of 91
PLANNING 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)
Exhibit. 1
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
May 3, 2023 Item #6 Page 6 of 91
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 of the 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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May 3, 2023 Item #6 Page 7 of 91
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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May 3, 2023 Item #6 Page 8 of 91
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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May 3, 2023 Item #6 Page 9 of 91
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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May 3, 2023 Item #6 Page 10 of 91
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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May 3, 2023 Item #6 Page 11 of 91
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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May 3, 2023 Item #6 Page 12 of 91
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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May 3, 2023 Item #6 Page 13 of 91
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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May 3, 2023 Item #6 Page 14 of 91
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
-10-May 3, 2023 Item #6 Page 15 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 1
PROJECT ANALYSIS
The Project is subject to the following regulations:
A.General Plan Consistency
B.Open Space Zone (CMC Chapter 21.33), One Family Residential Zone (CMC Chapter 21.10), and
Residential Density/Multiple/Local Shopping Center Zone (CMC Chapter 21.38); and Coastal
Development Permit (Chapter 21.201), Hillside Development Permit (CMC Chapter 21.95), Special Use
Permit - El Camino Real Corridor Development Standards (CMC Chapter 21.40), Special Use Permit –
Floodplain (CMC Chapter 21.110)
C.Local Coastal Program (Mello II Segment)
D.McClellan-Palomar Airport Land Use Compatibility Plan
E.Community Forest Management Plan
F.Growth Management Plan, Local Facilities Management Zone 15
The recommendation for approval of this Project was developed by analyzing the Project’s consistency
with the applicable regulations and policies. The Project’s compliance with each of the above regulations
is discussed in detail within the sections below.
A.General Plan Consistency
El Camino Real is designated as an Arterial Street in Figure 3-1 of the Mobility Element portion of the
General Plan. The Element identifies which modes of travel are accommodated on each street typology
and specifies, depending on the type of street. The Arterial Street typology accommodates all modes of
travel and is the primary vehicular route through the city for local and regional vehicle trips. The Arterial
Street designator also needs to be designed to safely move all modes of travel, while efficiently moving
vehicles and buses throughout the city. The proposed Project has been designed to add a third-lane of
travel for northbound traffic (build-out to the six-lane cross section), and to reflect the livable streets
approach to mobility described in the Mobility Element.
The properties near the project are categorized as R-4, Residential 0-4 units per acre, R-15/L, Residential
8-15 units per acre, and Open Space in the General Plan.
The majority of the project area falls within the existing right-of-way; however, it is important to note that
a small portion of the area outside the existing right-of-way includes approximately 844 square feet
currently designated as open space. General Plan Open Space Policy 4-P.6 addresses situations like these
and sets criteria for proposed adjustments to land use map open space boundaries. The policy recognizes
the City Council's authority to approve open space boundary adjustments for public right-of-way
improvements, subject to certain conditions. An environmental analysis must evaluate any significant
impacts on the open space resulting from proposed right-of-way improvements.
A biological survey was conducted by Dokken Engineering and found that vegetation communities
mapped within the Project area, including the 844 square feet of open space outside of the right-of-way,
consist of non-native grassland and remnant/isolated native shrubs. A total of .68 acres (29,621 square
feet) of open space will be impacted and .34 acres are proposed to be mitigated at a 0.5:1 ratio, through
the purchase of acre-credits at the Lake Calavera Mitigation Parcel. Only the 884 square-feet that is
outside of the right-of-way is currently designated as open space and needs to have findings made
May 3, 2023 Item #6 Page 16 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 2
consistent with policy 4-P.6 for a road project. While some isolated native shrub species found onsite may
be used by the California gnatcatcher for foraging, this area is fragmented, complexly surrounded by urban
development and has no connection to high quality habitat. Therefore, the survey concluded that isolated
shrubs are not considered a sensitive vegetation community or habitat for the California gnatcatcher
(Exhibit 4).
Finally, it is important to note that the open space designation of the Project site falls under Category 3 in
the Open Space Element, recreational open space. This category encompasses various recreational
opportunities such as school recreation areas, public parks, campgrounds, equestrian facilities, and golf
courses. While the Project Site is situated adjacent to the Rancho Carlsbad Golf Course. The open space
being removed is separate from the golf course itself and does not have any significant impact on the
recreational opportunities it offers. Moreover, it is noteworthy that the Project's scope includes the
provision of bike lanes and a sidewalk connection, which would enhance access to the Rancho Carlsbad
Golf Course.
Therefore, the Project meets the requirements for the City Council to exempt this Project from Open
Space Policy 4-P.6. Per section 21.54.040 of the city’s Zoning Code, the City Council shall have the authority
to make a decision on all concurrently processed development permits that include a development permit
that requires a decision from the City Council.
The Project also complies with the other Elements of the General Plan as outlined in Table “A” below:
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Goal 2-G.9 - Accommodate a
diversity of business establishments
in appropriately scaled settings,
including large-scaled industrial and
research and development
establishments proximate to the
McClellan-Palomar Airport,
regionally scaled shopping centers,
and neighborhood-serving
commercial centers with smaller-
sized stores, restaurants and offices
to meet shopping, recreation, and
service needs of residents and
visitors.
The proposed Project will support
the residential and non-residential
developments along El Camino Real
and provide additional capacity for
the residents and employees to use
the arterial transportation corridor.
Yes
Land Use &
Community
Design
Goal 2-G.18 – Ensure that new
development fosters a sense of
community and is designed with the
focus on residents, including
children, the disabled and the
elderly, by providing: safe,
pedestrian-friendly, tree-lined
The proposed Project will support
efforts to create a sense of
community by allowing all modes of
transportation to be better served
along El Camino Real. Bicycles will
experience improved connections
and pedestrians will have a
Yes
May 3, 2023 Item #6 Page 17 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 3
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
streets; walkways to common
destinations such as schools,
bikeways, trails, parks and stores;
homes that exhibit visual diversity,
pedestrian-scale and prominence to
the street; central gathering places;
and recreation amenities for a
variety of age groups.
complete sidewalk.
Mobility Policy 2-P.48 – Enhance walkability
on a citywide scale by installing
benches and transit shelters and
adding landscaping, wayfinding
signage, public art, and pedestrian-
scaled lighting. Consider ways to
improve rail and freeway overpass/
underpass areas, with lighting,
sidewalk improvements and public
art.
The Project will enhance walkability
by providing vital pedestrian and
bicycle infrastructure where it
currently is missing, seamlessly
connecting the area and promoting
active and sustainable modes of
transportation.
Yes
Mobility Policy 3-G.1 – Keep Carlsbad moving
with livable streets that provide a
safe, balanced, cost-effective, multi-
modal transportation system
(vehicles, pedestrians, bikes,
transit), accommodating the
mobility needs of all community
members, including children, the
elderly and the disabled.
The roadway project will restripe
and construct an additional lane to
meet the full six-lane configuration
for El Camino Real in this segment,
including pedestrian and bicycle
facilities. The project complies with
all of the requirements in the
Arterial Street Typology and will
provide for additional movement
through this currently restricted
area.
Yes
Open Space,
Conservation
& Recreation
Goal 4-P.33 – Seek to preserve the
environmental integrity, ecology,
and character of special resource
areas.
To ensure minimal disruption,
construction equipment will only be
located on pre-existing disturbed
areas such as the road and gravel
shoulder. 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,
Yes
May 3, 2023 Item #6 Page 18 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 4
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
shrubs, and a diverse range of
vegetation.
Open Space,
Conservation
& Recreation
Goal 4-P.6 – Require that
adjustment 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; and
b). The proposed open space is of
environmental quality equal to or
greater than that depicted on the
land use map; and
c). The proposed open space area is
contiguous or within close proximity
to open space shown on the land
use map.
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
An environmental analysis found
that the project area's vegetation
communities, including the small
area of designated open space,
consist of non-native grassland and
isolated native shrubs that do not
qualify as sensitive habitat for the
California gnatcatcher. The Project
meets the requirements for the City
Council to exempt it from Open
Space Policy 4-P.6.
Yes
Public Safety Policy 6-P.1 – Enforce the Cobey-
Alquist Floodplain Management Act
and the city’s Floodplain
Management Regulations to
prohibit construction of structures
in a designated floodway where
such development would endanger
life or significantly restrict the
carrying capacity of the designated
floodway and to regulate
development within other areas of
special flood hazard, flood related
erosion hazard and mudslide hazard
to ensure such development does
not adversely affect public health
and safety due to water and erosion
hazards, or result in damaging
The proposed Project does not
reduce the ability of the site to pass
or handle a base flood or 100-year
frequency. 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 BMPs
Yes
May 3, 2023 Item #6 Page 19 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 5
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
increases in erosion, flood height or
velocities.
behind the curb line of El Camino
Real. These Biofiltration BMPs will
accept stormwater runoff through
curb-cuts along the curb/gutter line,
and the stormwater runoff that
enters the BMPs will be briefly
detained within the BMP to help
slow the rate of runoff.
Sustainability Policy 9-P.1 – Enforce the Climate
Action Plan (CAP) as the city’s
strategy to reduce greenhouse gas
emissions.
The proposed Project entails
multimodal improvements to
facilitate biking and walking and
would provide for bicycle and
pedestrian connections to key
destinations in the Project area.
Yes
B.Open Space Zone (CMC Chapter 21.33), One Family Residential Zone (CMC Chapter 21.10), and
Residential Density/Multiple/Local Shopping Center Zone (CMC Chapter 21.38); and Coastal
Development Permit (Chapter 21.201), Hillside Development Permit (CMC Chapter 21.95), Special
Use Permit - El Camino Real Corridor Development Standards (CMC Chapter 21.40), Special Use
Permit – Floodplain (CMC Chapter 21.110)
1.Open Space Zone (CMC Chapter 21.33), One Family Residential Zone (CMC Chapter 21.10), and
Residential Density/Multiple/Local Shopping Center Zone (CMC Chapter 21.38)
The proposed Project is required to comply with all applicable use and development standards of the
Carlsbad Municipal Code (CMC) including Open Space (OS) Zone (CMC Chapter 21.33), Residential
Density/Multiple/Local Shopping Center Zone (CMC Chapter 21.38). The project’s compliance with
each of these zones is discussed below:
a.Open Space Zone. The roadway improvements are located in the Open Space (OS) zone. 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.
b.One Family Residential Zone (R-1) & Residential Density/Multiple/Local Shopping Center Zone (RD-
M/C-L). 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.
2.Coastal Development Permit (Chapter 21.201)
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
May 3, 2023 Item #6 Page 20 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 6
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 of the 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.
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
May 3, 2023 Item #6 Page 21 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 7
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.
3.Hillside Development Permit (CMC Chapter 21.95)
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.
b.That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on
the constraints map.
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”.
May 3, 2023 Item #6 Page 22 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 8
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 grading for the project is not excessive and is limited to that necessary to expand El Camino
Real as outlined as a priority in city's General Plan 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.
4.Special Use Permit – El Camino Real Corridor Development Standards (CMC Chapter 21.40)
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
May 3, 2023 Item #6 Page 23 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 9
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.
5.Special Use Permit – Floodplain (CMC Chapter 21.110)
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
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
May 3, 2023 Item #6 Page 24 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 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.
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.
C.Local Coastal Program (Mello II Segment)
May 3, 2023 Item #6 Page 25 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 11
Mello II Segment of the Certified Local Coastal Program and all applicable policies
At the intersection of Jackspar Drive and El Camino Real on the right shoulder is a small section of the
project that requires a right-of-way acquisition that is within the Mello II segment of the Local Coastal
Program (LCP) and is within the non-appealable jurisdiction of the California Coastal Commission. The
project is consistent with the OS General Plan Land Use designation as analyzed in Section A above.
The proposed Project is consistent with the relevant policies of the Mello II Segment of the Local Coastal
Program and the Coastal Program implementing ordinance. The Project is consistent with the surrounding
area, which consists of a natural open space. The road improvements will not obstruct views of the
coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of
the coastal zone. Furthermore, no agricultural uses exist on the site, nor are there any sensitive resources
located on the previously developed land. The Project is not located in any area of known geologic
instability; however, it is located within an area identified by FEMA Flood Hazard zones/Floodways. This
is discussed in detail in other sections. The site does not have any frontage along the coastline, no public
opportunities for coastal shoreline access or water-oriented recreation activities. The proposed lane
addition on El Camino Real will not affect access to the beach. In fact, by adding an additional lane,
improving bike infrastructure, and enhancing walkability, the road improvements will make it easier for
people to access the beach.
D.McClellan-Palomar Airport Land Use Compatibility Plan
The Project site is subject to the policies and standards outlined in the McClellan-Palomar Airport Land
Use Compatibility Plan (ALUCP). As identified in the ALCUCP, the Project site is in the Airport Impact
Area in Safety Zone 6-Traffic Pattern Zone. Safety Zone 6 is the least restrictive zone and encompasses
a larger area than the other five zones combined. The ALUCP states that the risks in Zone 6 are much
lower than the risks in other zones and indicates that all types of development are considered
compatible with Safety Zone 6.
E.Community Forest Management Plan
The proposed Project is in conformance with the Community Forest Management Plan and all applicable
policies. The project will require some vegetation clearing for the expansion of the roadway and sidewalk;
however, the Landscape Manual guidelines will be strictly followed. The Project will also follow City
Council Policy #4, which requires 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. There is no special protection afforded to the
removal of the Eucalyptus trees according to this plan.
F.Growth Management Plan
The proposed Project is located within Local Facilities Management Zone 15 in the northeast quadrant
of the city. The Project is consistent with the circulation section of the Growth Management
performance standards. Implementation of this Project will help the city expand El Camino Real to six
lanes at full build out as detailed in the city’s General Plan and maintain a multi-modal level of service
of D or better for all modes of transportation.
The Project is also not impacting compliance with the Open Space standard. The exemption from the
General Plan Policy and loss of 884 square feet of open space does not measurably impact the total
May 3, 2023 Item #6 Page 26 of 91
PROJECT ANALYSIS Exhibit 2
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 12
open space within the zone. The LFMP for Zone 15 acknowledges the existing open space with the
plan area and will continue to meet the requirement for 15 percent open space per the Growth
Management Standard. Additionally, this zone is estimated to have 55% of the area, inclusive of
biological open space, currently dedicated as Open Space.
May 3, 2023 Item #6 Page 27 of 91
PC RESO NO. -10-
ATTEST:
Eric Lardy
City Planner
May 3, 2023 Item #6 Page 28 of 91
1450 Frazee Road San Diego CA 92108 Tele: 858 514 8377 Fax: 858 514 8608
BIOLOGICAL SURVEY MEMORANDUM
Agency: City of Carlsbad
Attention: Brandon Miles, Project Manager
From: Amy Dunay, Senior Environmental Planner
Project: El Camino Real Widening Sunny Creek to Jackspar Project
Subject: Biological Survey Memorandum
Date: July 6, 2022
A biological survey was completed for the El Camino Real Widening Sunny Creek to Jackspar Project (Project) on April 14, 2021 by Dokken Engineering biologist Scott Salembier. No endangered, rare, or threatened species were observed, nor was habitat which could support any such species observed. Vegetation communities mapped within the Project Area consist of non-native grassland and remnant/isolated native shrubs such as coast goldenbush (Isocoma menziesii), coyoe brush (Baccharis pilularis), and a few California sagebrush (Artemisia californica) and toyon (Heteromeles arbutifolia). While some isolated native shrub
species found onsite may be used by the California gnatcatcher for foraging, this area is fragmented, completely surrounded by urban development and/or disced fields, and has no connection to high quality habitat. Therefore, the isolated shrubs are not considered a
sensitive vegetation community or habitat for the California gnatcatcher. No other plant or animal species would be impacted. No waters of the State or waters of the US would be impacted.
The non-native grassland is a habitat community that requires mitigation per the City of Carlsbad (City) Habitat Management Plan (HMP). The Project is a part of El Camino Real Widening to a 6-lane arterial, as identified in the HMP Appendix B, and therefore is a covered City project eligible for mitigation through the Lake Calavera mitigation parcel.
Please see below for discussion of Project details, habitat communities, and evaluation of Project impacts and mitigation.
Project Description El Camino Real currently exists as a six-lane roadway through much of its length in the City of Carlsbad. In the area of the Project, the current layout of El Camino Real includes three southbound lanes but only two northbound lanes. Through a combination
of roadway widening and pavement restriping, the Project will provide for three northbound through lanes, including the addition of curb, gutter, and sidewalk. The widening of the roadway will occur between the future extension of Sunny Creek Road and Jackspar Drive, a
distance of approximately 1,600 feet (see Figures 1-3).
Pedestrian and bicycle improvements will also be provided as part of the Project. In the southbound direction the existing pedestrian and bicycle facilities meet current city standards,
Exhibit 3
May 3, 2023 Item #6 Page 29 of 91
1450 Frazee Road San Diego CA 92108 Tele: 858 514 8377 Fax: 858 514 8608
including a sidewalk and a striped bicycle lane. In the northbound direction, a bicycle lane exists for much of the length of the project, but there is a gap in the bicycle lane of approximately 300 feet in the area just south of the Jackspar Drive intersection. There is no sidewalk provided in the northbound direction along the entire length of the Project. To alleviate this situation, the Project will provide a new sidewalk and will also include improvements to the bicycle lane along the entire Project length to meet current city standards.
The Project is predominantly within the right of way and adjacent to Assessor Parcel Numbers (APN) 209-060-5800, 209-060-5300, 209-060-4800, 209-090-1100. These properties feature limited improvements and are mostly vacant. Along these properties a right of way acquisition and temporary construction easements are proposed. Earthwork will consist of 5,700 cubic
yards of cut and 2,250 cubic yards of fill. The following Project design considerations are also being proposed to minimize impacts and address community character: El Camino Real Corridor Development Standards.
Project improvements will allow for this segment of El Camino Real to become 6-lane arterial roadway facility consistent with the Mobility Element of the City’s General Plan.
Minor right-of-way and temporary construction easements will be acquired at key locations along the Project alignment from approximately four (4) parcels. The new right-of-way would match the ultimate right-of-way to the north and south of the Project limits. Traffic would be accommodated during construction to allow movement through the area. Construction is
expected to last approximately six months.
Utility relocations may be needed to accommodate the proposed improvements to the roadway corridor. Of note, there are dual high-pressure petroleum lines running underneath the median and existing embankment. Existing telecom lines run parallel to the Project. An existing overhead power pole will be relocated outside Project improvements. In addition,
existing fire hydrants and water meters will be relocated. All utility relocations would occur within the Project area.
Species Observed
The Project Area consist of non-native grassland and remnant/isolated native shrubs (see Figure 4 and Representative Photographs). See below for more details.
Non-native Grassland
Non-native grassland is found in the northeast portion of the Project area, adjacent to El Camino Real. The grassland habitat is dominated by non-native species including telegraph weed (Heterotheca grandiflora), wild oat (Avena fatua), and ripgut brome (Bromus diandrus). A few other non-dominant species in this community include California brome (Bromus
carinatus), black mustard (Brassica nigra), and hawkbit (Leontodon saxatilis). The Project area contains approximately 0.88 acres of non-native grassland habitat.
Remnant/Isolated Native Shrubs The Project area also contains approximately 710 linear feet of remnant/isolated native shrubs, such as coastal goldenbush (Isocoma menziesii), coyote brush (Baccharis pilularis), and a few California sagebrush (Artemisia californica), toyon (Heteromeles arbutifolia), mule fat (Baccharis salicifolia), lemonade berry (Rhus integrifolia), and black elderberry (Sambucus
nigra). While some of these plant species can be used by the California gnatcatcher for
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1450 Frazee Road San Diego CA 92108 Tele: 858 514 8377 Fax: 858 514 8608
foraging, the remnant of disturbed vegetation is fragmented and completely surrounded by
urban development and/or disced fields, and have no connection to high-quality habitat
Eucalyptus Grove The Project area contains one grove of blue gum eucalyptus (Eucalyptus globulus) and is dominated by this single species. The Project area contains approximately 0.15 acres of eucalyptus grove.
Hardscape Hardscape within the Project area is defined as urban, impervious, non-vegetated surfaces
including El Camino Real roadway, medians, and sidewalks. The Project area contains approximately 6.34 acres of hardscape.
Landscape Landscape habitat within the Project area consists of a regularly mowed patch of golf course grass. This habitat community is dominated by Bermuda grass (Cynodon dactylon) but
contains other grass species such as ripgut brome and red-stemmed filaree (Erodium
cicutarium). The Project area contains approximately 0.61 acres of landscape.
Species Observed Table
Species Common Name Species Scientific Name Native (N)/Not Native (X)
[Cal-IPC Rating]
Forbs
Alkali Mallow Malvella leprosa N
Barry Saltbush Atriplex semibaccata X – [Moderate] Black Medick Medicago lupulina X Black Mustard Brassica nigra X – [Moderate]
Bur Chevril Anthriscus caucalis X
California Buckwheat Eriogonum fasciculatum N
Canada Horseweed Erigeron canadensis N
Coast Morning Glory Calystegia macrostegia N
Common Fiddleneck Amsinckia intermedia N Curly Dock Rumex crispus X – [Limited] Deerweed Acmispon glaber N
Field Mustard Brassica rapa X – [Limited]
Garland Daisy Glebionis coronaria X – [Moderate]
Hawkbit Leontodon saxatilis X
Jersey Cudweed Pseudognapgalium luteoalbum X
Jimsonweed Datura wrightii N
Poison Hemlock Conium maculatum X – [Moderate]
Prickly Lettuce Lactuca serriola X Red-Stem Filaree Erodium cicutarium X – [Limited] Russian Thistle Salsola tragus X – [Limited]
Sand Mat Cardionema ramosissimum N
Scarlet Pimpernel Lysimachia arvensis X
Shepherd’s Purse Capsella bursa-pastoris X
May 3, 2023 Item #6 Page ϯϭ of 91
1450 Frazee Road San Diego CA 92108 Tele: 858 514 8377 Fax: 858 514 8608
Sweet Fennel Foeniculum vulgare X – [Moderate] Telegraph Weed Heterotheca grandiflora N
Western Blue Eyed Grass Sisyrinchium bellum N
Western Ragweed Ambrosia psilostachya N
Yellow Sweetclover Melilotus indicus X
Grasses Bermuda Grass Cynodon dactylon X – [Moderate] California Brome Bromus carinatus N Fountaingrass Pennisetum setaceum X – [Moderate]
Foxtail Brome Bromus madritensis X
Italian Rye Festuca perennis X – [Moderate]
Mediterranean Barley Hordeum marinum X
Mexican Feathergrass Stipa tenuissima X Pampas Grass Cortaderia jubata X –[High] Ripgut Brome Bromus diandrus X – [Moderate]
Soft Chess Bromus hordeaceus X – [Limited]
Wild Oat Grass Avena fatua X – [Moderate]
Shrubs
Black Elderberry Sambucus nigra N
California Sage Artemisia californica N Coastal Goldenbush Isocoma menziesii N Coyote Brush Baccharis pilularis N
Lemonade Berry Rhus integrifolia N
Mule Fat Baccharis salicifolia N
Toyon Heteromeles arbutifolia N
Trees Blue Gum Eucalyptus globulus X – [Limited] Chamise Adenostoma fasciculatum N
Laurel Sumac Malosma laurina N
Pacific Willow Salix lasiandra N
Tree Tobacco Nicotiana glauca X – [Moderate]
Mammals
California Ground Squirrel Otospermophilus beecheyi N/A
Birds Black Phoebe Sayornis nigricans N/A
Song Sparrow Melospiza melodia N/A
Project Impacts and Mitigation
Project impacts to habitat communities are summarized in the table below. The Project would result in permanent impacts to the following vegetation community: non-native grassland (0.68 acres) (see Figure 5). Permanent impacts would occur as a result of the proposed bike lanes,
storm drain improvements and grading limits. While some isolated native shrub species found onsite may be used by the California gnatcatcher for foraging, this area is fragmented, completely surrounded by urban development and/or disced fields, and has no connection to
high quality habitat. Therefore, the isolated shrubs are not considered a sensitive vegetation community or habitat for the California gnatcatcher. No other plant or animal species would be impacted. No waters of the State or waters of the US would be impacted.
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1450 Frazee Road San Diego CA 92108 Tele: 858 514 8377 Fax: 858 514 8608
Access for Project construction would occur from the existing El Camino Real roadway and two pre-existing dirt roads just northeast of El Camino Real. No temporary impacts to habitat communities are anticipated. Additionally, the Project is within the coastal zone and is subject to the Coastal Zone Standards, which requires a no net loss of specific habitat communities. However, non-native grassland has not been identified as a habitat requiring no net loss (HMP page D-115). Therefore, offset for these impacts can be accomplished through the City’s Lake Calavera Mitigation Parcel.
Summary of Impacts
Habitat Community (*Type) Permanent Impact (acres) Mitigation Requirement
Non-native Grassland (Type
E) 0.68 acres Purchase acre-credits at a 0.5:1 ratio at the Lake Calavera Mitigation Parcel
*Type of habitat community is taken from Table 11 in the City of Carlsbad HMP
Per the City of Carlsbad’s HMP (HMP Table 11), if onsite revegetation for impacts to non-native grassland and disturbed lands is not possible, then the City could purchase acres at the Lake Calavera Mitigation Parcel to offset the impacts. As onsite revegetation cannot occur for the Project, the following will be included as part of the project description:
As revegetation of non-native grassland and remnant/isolated native shrubs is not possible due to the narrow right-of-way, in accordance with the City of Carlsbad’s HMP, permanent
impacts to 0.68 acres of non-native grassland within the Project area will be offset at a 0.5:1
ratio, respectively, through purchase of acre-credits at the Lake Calavera Mitigation Parcel (a total of 0.34 acres will be debited). Purchased credits may be out-of-kind for this habitat
community.
Attachments
•Map Figures 1-5
•Representative Photographs
May 3, 2023 Item #6 Page ϯ3 of 91
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ISource: ESRI World Street Maps Online; Dokken Engineering 8/24/2021; Created By: amyd
Project Area Limits
Project Location
FIGURE 2Project Location
El Camino Real Widening Sunny Creek to Jackspar ProjectCarlsbad, San Diego County, California
May 3, 2023 Item #6 Page ϯ5 of 91
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Figure 3Project Features
El Camino Real Widening Sunny Creek to JacksparCarlsbad, San Diego County, California
Source: ESRI Maps Online; Dokken Engineering 4/7/2022; Created By: amydV:\
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May 3, 2023 Item #6 Page ϯ6 of 91
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Figure 4Vegetation Communities
El Camino Real Widening Sunny Creek to JacksparCarlsbad, San Diego County, California
Source: ESRI Maps Online; Dokken Engineering 6/3/2022; Created By: amydV:\
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Non-Native Grassland (0.88 acres)
Remnant/Isolated Native Shrubs (0.75 acres)
Eucalyptus Grove (0.15 acres)
Hardscape (3.66 acres)
Landscape (0.61 acres)
May 3, 2023 Item #6 Page ϯ7 of 91
Existing Access Route
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Figure 5Project Impacts
El Camino Real Widening Sunny Creek to JacksparCarlsbad, San Diego County, California
Source: ESRI Maps Online; Dokken Engineering 6/3/2022; Created By: amydV:\
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Bike Lane
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Vegetation Communities
Non-Native Grassland (0.88 acres)
Remnant/Isolated Native Shrubs (0.75 acres) Permanent Impacts
Non-Native Grassland (0.18 acres)
Remnant/Isolated Native Shrubs (0.50 acres)
May 3, 2023 Item #6 Page ϯ8 of 91
Representative Photographs
Representative Photo 1: Representative of disturbed annual grassland habitat within the
Project area, facing west (taken April 2021).
May 3, 2023 Item #6 Page 39 of 91
Representative Photo 2: Representative of Jackspar Drive and El Camino Real
intersection, considered a hardscape within the Project area, facing west (taken April
2021).
May 3, 2023 Item #6 Page 40 of 91
Representative Photo 3: Representative of the eucalyptus grove located adjacent to El
Camino Real, facing northwest (taken April 2021).
May 3, 2023 Item #6 Page 41 of 90
Representative Photo 4: Representative of landscape habitat within the Project area
facing southeast (taken April 2021).
May 3, 2023 Item #6 Page 42 of 91
Representative Photo 5: Representative of remnant/isolated native shrubs within the
Project area, facing southwest (taken April 2021).
May 3, 2023 Item #6 Page 43 of 91
Revised 07/21
CEQA DETERMINATION OF EXEMPTION
Subject: This California Environmental Quality Act (CEQA) Determination of Exemption is in compliance
with Carlsbad Municipal Code Section 19.04.060. An appeal to this determination must be filed
in writing with the required fee within ten (10) calendar days of the City Planner’s decision
consistent with Carlsbad Municipal Code Section 21.54.140.
City Planner Decision Date: October 19, 2022
Project Number and Title: El Camino Real Widening – Sunny Creek to Jackspar Project HDP 2022-
0008/CDP 2021-0044/SUP 2021-0002/ SUP2022-0002 (PUB 2020-0009)
Project Location - Specific: Sunny Creek to Jackspar
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: The project is a Coastal Development Permit and Special Use Permit (El Camino
Real Corridor), Special Use Permit (Floodplain), to widen a segment of El Camino Real northbound lanes
for approximately 2,300 feet between Rancho Carlsbad Drive/Jackspar Drive and Sunny Creek Road. The
improvements include widening the existing 2-lane northbound direction to 3- lanes, a bicycle lane, and
a sidewalk from Rancho Carlsbad Drive to approximately 150 feet south of Sunny Creek Road. In addition,
the project includes improvements at the intersections of ECR with Rancho Carlsbad Drive/Jackspar Drive
and Sunny Creek Road.
The project site is located on El Camino Real between Rancho Carlsbad Drive/Jackspar Drive and Sunny
Creek Road and is predominantly within the right of way and adjacent to Assessor Parcel Numbers (APN)
209-060-5800, 209-060-5300, 209-060-4800, 209-090-1100. These properties feature limited
improvements and are mostly vacant. Along these properties a right of way acquisition and temporary
construction easements are proposed. Earthwork will consist of 5,400 cubic yards of cut and 1,500 cubic
yards of fill. The following project design considerations are also being proposed to minimize impacts and
address community character: El Camino Real Corridor Development Standards and Hillside Development
and Design Standards.
Name of Public Agency Approving Project: City of Carlsbad
Name of Person or Agency Carrying Out Project: Public Works
Name of Applicant: Brandon Miles
Applicant’s Address: 1635 Faraday Avenue
Applicant’s Telephone Number: 442-339-2745
Name of Applicant/Identity of person undertaking the project (if different from the applicant above):
N/A
Exempt Status: (Check One)
Ministerial (Section 21080(b)(1); 15268);
Declared Emergency (Section 21080(b)(3); 15269(a));
Emergency Project (Section 21080(b)(4); 15269 (b)(c));
Categorical Exemption - State type and section number: 15303 (d) Class 3
Statutory Exemptions - State code number:
Common Sense Exemption (Section 15061(b)(3))
Exhibit 4
May 3, 2023 Item #6 Page 44 of 91
Revised 07/21
Reasons why project is exempt: The project is consistent with 15303 (d) Class 3 because it consists of
construction limited to new facilities, such as street improvements of reasonable length to serve such
construction. The project fills in an existing gap in pedestrian and street facilities.
Exceptions to the Use of Categorical Exemptions
Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed
project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these
exceptions apply as explained below:
•Cumulative Impact - “All exemptions for these classes are inapplicable when the cumulative
impact of successive projects of the same type in the same place, over time is significant.” The exception
applies when, although a particular project may not have a significant impact, the impact of successive
projects, of the same type, in the same place, over time is significant. While several projects have been
and will be implemented along El Camino Real, this current Project involves minor roadway widening so
that the roadway can be restriped for three northbound travel lanes and a bicycle lane, utilities can be
relocated/installed, and a sidewalk can be constructed within an existing gap in pedestrian facilities.
•Significant Effect - “A categorical exemption shall not be used for any activity where there is a
reasonable possibility that the activity will have a significant effect on the environment due to unusual
circumstances. Examples include projects, which may affect scenic or historical resources. There are no
unusual circumstances that would have a significant impact on the environment due to the project. The
Project does not involve any unusual circumstances, such as the presence of sensitive biological or cultural
environmental resources. Regarding any potential traffic impacts, a Vehicle Miles Traveled (VMT) analysis
was conducted, which utilized the City’s VMT Analysis Guidelines to determine the appropriate analysis
methodology and significance thresholds. The City’s guidelines generally follow state guidance provided
in the Office of Planning and Research’s (OPR) Technical Advisory but add detail that is specific to the San
Diego region and the City of Carlsbad. The qualitative analysis identified that the project does not have an
impact to VMT.
•Scenic Highway - “A categorical exemption shall not be used for a project which may result in
damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or
similar resources, within a highway officially designated as a state scenic highway. This does not apply to
improvements which are required as mitigation by an adopted negative declaration or certified EIR.” This
exception applies when a project may result in damage to scenic resources within a duly designated scenic
highway. While El Camino Real in general is considered a historical and scenic corridor throughout
Carlsbad, it is not a highway officially designated as a State Scenic Highway. As the Project involves a slight
widening of the existing 5-lane facility to match the existing 6-lane facility located immediately north and
south of the Project area, implementation of the Project will result in similar visual conditions compared
with a no project scenario.
•Hazardous Waste Site - “A categorical exemption shall not be used for a project located on a site
which is included on any list compiled pursuant to Section 65962.5 of the Government Code. This
exception applies when a project is located on a site or facility listed pursuant to California Government
Code 65962.5. A review of available records and a field inspection did not identify any sites which are
included on any list compiled pursuant to Section 65962.4 of the Government Code.
•Historical Resources - “A categorical exemption shall not be used for a project which may cause a
substantial adverse change in the significance of a historical resource.” This exception applies when a
project may cause a substantial adverse change in the significance of a historical resource Based on
negative survey results, there is no potential for the Project to impact intact subsurface cultural resources
which would qualify as a historical resource or tribal cultural resource, as defined under CEQA; therefore,
the undertaking will result in no effect to historical resources or tribal cultural resources.
Planning staff also evaluated the potential exceptions to the use of Categorical Exemptions as defined by
Section 19.04.070 of the Carlsbad Municipal Code and determined that none of these exceptions apply as
explained below:
May 3, 2023 Item #6 Page 45 of 91
Revised 07/21
•Grading and clearing activities affecting sensitive plant or animal habitats – A categorical
exemption shall apply when there is earth moving activities “which disturb, fragment or remove such
areas as defined by either the California Endangered Species Act (Fish and Game Code Sections 2050 et
seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.); sensitive, rare, candidate
species of special concern; endangered or threatened biological species or their habitat (specifically
including sage scrub habitat for the California Gnatcatcher); or archaeological or cultural resources from
either historic or prehistoric periods.” The Project would result in permanent impacts to the following
vegetation community: non-native grassland (0.68 acres). While some isolated native shrub species found
onsite may be used by the California gnatcatcher for foraging, this area is fragmented, completely
surrounded by urban development and/or disced fields, and has no connection to high quality habitat.
Therefore, the isolated shrubs are not considered a sensitive vegetation community or habitat for the
California gnatcatcher. No other plant or animal species would be impacted. No waters of the State or
waters of the US would be impacted.
•Impacts to biological species or their habitats or archeological or cultural resources – “Parcel
maps, plot plans and all discretionary development projects otherwise exempt but which affect sensitive,
threatened or endangered biological species or their habitat (as defined above), archaeological or cultural
resources from either historic or prehistoric periods, wetlands, stream courses designated on U.S.
Geological Survey maps, hazardous materials, unstable soils or other factors requiring special review, on
all or a portion of the site.” No previously recorded cultural resources were identified within the Project
Area. Based on these disturbances and the negative survey results, there is no potential for the Project to
impact intact subsurface cultural resources which would qualify as a historical resource or tribal cultural
resource, as defined under CEQA; therefore, the undertaking will result in no effect to historical resources
or tribal cultural resources.
Lead Agency Contact Person: Eric Lardy Telephone: 442-339-2712
Eric Lardy, City Planner Date
May 3, 2023 Item #6 Page 46 of 91
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City of Carlsbad
El Camino Real Widening FromJackspar Dr to Sunny Creek Rd ±Map created by the City of Carlsbad GIS. Portions ofthe DERIVED PRODUCT contain geographic information
copyrighted by SanGIS. All Rights Reserved
0 500 1,000 1,500250Feet
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Exhibit 5
May 3, 2023 Item #6 Page 47 of 91
PROJECTLOCATION
EL CAMINO REALROADWAY IMPROVEMENT PLANS
FROM SUNNY CREEK ROAD TO JACKSPAR DRIVE
PROJECT NO. 6094
CITY OF CARLSBAD
CARLSBAD, CALIFORNIA
CITY COUNCIL
MATT HALL - MAYOR
KEITH BLACKBURN - MAYOR PRO TEM
PRIYA BHAT-PATEL - COUNCIL MEMBER
TERESA ACOSTA - COUNCIL MEMBER
PEDER NORBY - COUNCIL MEMBER
SCOTT CHADWICK - CITY MANAGER
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Exhibit 6
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APN 209-060-58-00 APN 209-060-53-00
APN 212-160-31-00
APN 209-090-11-00APN 209-060-48-00
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APN 209-060-58-00
APN 209-060-53-00
APN 212-160-31-00
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APN 209-090-11-00
APN 209-060-48-00
APN 212-160-31-00 APN 212-102-75-00
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Sunny Creek
SPEEDLIMIT55
Rd 2800
OPEN TOTHE PUBLIC
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ROAD WORKEND
WORK
AHEAD
ROAD SIDEWALK CLOSED
CROSS HERE
LANECLOSED CLOSEDBIKE LANE
MAY USEFULL LANE
BIKE
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WORKCLOSEDCLOSED
CLOSED
SHOULDER
M P H
SIDEWALK CLOSEDAHEAD
CROSS HERE
LANECLOSED CLOSEDBIKE LANEROAD
AHEAD
SHOULDERSHOULDERRIGHT
AHEAD
SIDEWALK
NO
45
BIKE
AHEAD
SIDEWALK CLOSED
CROSS HERE
SIDEWALK CLOSED
USE OTHER SIDE
MAY USEFULL LANE
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TRAFFIC SIGNAL NOTES
CONSTRUCTION NOTES
LEFT TURNYIELDON GREEN
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LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 7
This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff
reports.
Acronym Description Acronym Description
APA American Planning Association LCPA Local Coastal Program Amendment
APN Assessor Parcel Number LOS Level of Service
AQMD Air Quality Management District MND Mitigated Negative Declaration
BMP Best Management Practice NCTD North County Transit District
CALTRANS California Department of Transportation ND Negative Declaration
CC City Council PC Planning Commission
CCR Conditions, Covenants and Restrictions PDP Planned Development Permit
CEQA California Environmental Quality Act PEIR Program Environmental Impact Report
CFD Community Facilities District PUD Planned Unit Development
CIP Capital Improvement Program ROW Right of Way
COA Conditions of Approval RWQCB Regional Water Quality Control Board
CofO Certificate of Occupancy SANDAG San Diego Association of Governments
CT Tentative Parcel Map SDP Site Development Permit
CUP Conditional Use Permit SP Specific Plan
DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program
DISTRICT City Council Member District Number TM Tentative Map
EIR Environmental Impact Report ZC Zone Change
EIS Environmental Impact Statement (federal)
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
GP General Plan
GPA General Plan Amendment
GIS Geographic Information Systems
HCA Housing Crisis Act 2019
IS Initial Study
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