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HomeMy WebLinkAbout2020-11-04; Planning Commission; ; CDP 2018-0031/SUP 2018-0005/SUP 2018-0006 (PUB 2018-0014) – EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, CIPP ROJECT NO. 6042 and 6056 Item No. Application complete date: September 24, 2020 P.C. AGENDA OF: November 4, 2020 Project Planner: Christina Bustamante Project Engineer: Brandon Miles SUBJECT: CDP 2018-0031/SUP 2018-0005/SUP 2018-0006 (PUB 2018-0014) – EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, CIP PROJECT NO. 6042 and 6056 – Request for approval of a revised landscape plan for an approved Coastal Development Permit and Flood Plain Special Use Permit and a Scenic Corridor Special Use Permit to allow for the El Camino Real (ECR) at Cannon Road bridge improvements which includes replacing five ornamental trees with five California Native trees and adding narrow leaf milkweed to the native seed mix for Capital Improvement Program (CIP) 6042 and 6056 (Project) located south of the El Camino Real and Cannon Road intersection and within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zones 8, 14, 15, and 24. The project site is within the appeal jurisdiction of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (c) Existing Facilities, and Section 15301 (d) - Replacement or Reconstruction – of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7388 APPROVING a revised landscape plan for an approved Coastal Development Permit CDP 2018-0031, Special Use Permit SUP 2018-0005 and Special Use Permit 2018-0006 based upon the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On August 19, 2020 the Planning Commission considered the facts and findings of the project. During the public hearing the Commission supported a public request to add narrow leaf milk weed to the native seed mix. The narrow leaf milk weed is a plant that provides food and shelter for butterflies. Although the Commission ultimately approved the project, they created a condition of approval requiring that the plant palette be revised to include California natives to the extent possible and that the revised plan return to the Planning Commissioners on November 4, 2020 to review and if appropriate, approve. The staff report and meeting minutes from the August 19, 2020 public hearing are attached for reference. The project site is located south of the El Camino Real and Cannon Road intersection, more specifically on the east and west sides of the El Camino Real bridge over the Agua Hedionda Creek. The approved project includes improvements to the existing El Camino Real Bridge and construction of a new pedestrian bridge. As a result of the project some of the adjacent ornamental vegetation will be removed and a landscape plan has been created to replant the disturbed area. The Planning Commissioners’ requested revisions of that landscape plan will be the focus of this report. 1 CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Revised Landscape Plan November 4, 2020 Page 2 City Staff from the Public Works Department, Environmental Management, Parks and Recreation, and the Planning Department collaborated with the city’s landscape architect and project biologist from LSA Associates, Inc. to address the condition of approval imposed by the Planning Commission. As a result, narrow leaf milk weed has been added to the native seed mix. The narrow leaf milk week has been added in a table titled “Erosion Control/Ornamental and Nonnative Grassland Revegetation Hydroseed Mix” included on sheet 7 (Exhibit G) of the plans. On the Rancho Carlsbad Owners Association property, the proposed three jacaranda trees and two camphor trees have been replaced with three sycamore trees and two coastal live oak trees. The staff team decided that the crepe myrtle tree remained the best choice for the right-of-way within the project boundary because a comparable California native tree to match the site constraints was not found. A detailed illustration of the trees to be planted as replacements can be found on sheet 38 (Exhibit LL) of the plans. A note at the bottom of the plant schedule has been added to indicate that eight of the city replacement trees will be located outside the project boundary and therefore not included in the plans. To show a good faith effort to replace as many ornamental trees as possible, the eight off-site brisbane box trees that were requested by the Parks and Recreation Department were replaced with four coastal live oak trees and four brisbane box trees. The city of Carlsbad Parks and Recreation Department has elected to plant the four Brisbane box trees on El Camino Real within the right-of-way along the Rancho Carlsbad Association frontage and the four coastal live oak trees would be planted in the median on Palomar Airport Road between College Boulevard and El Camino Real. Appropriate measures will be taken to comply with City Council Policy No. 4 Street Trees, Carlsbad Municipal Code Chapter 11.12 Trees and Shrubs, and the Community Forest Management Plan (CFMP). III. ANALYSIS A. Scenic Preservation Overlay Zone regulations (CMC Chapter 21.40 and the El Camino Real Corridor Development Standards) Proposed development projects along El Camino Real and within 500 feet of the roadway are subject to the Scenic Preservation Overlay Zone, the El Camino Real Corridor Development Standards, and require a Special Use Permit (SUP). The intent of the corridor standards is to maintain and enhance the appearance of the El Camino Real roadway through design concepts and development standards, and other requirements, including landscaping. The approved project is consistent with the development standards and intent of those standards as demonstrated by the findings in Planning Commission Resolution 7378. The discussion below only analyzes the consistency of the proposed revised landscape plan with applicable standards. When practical application of the El Camino Real Corridor Standards is not feasible, deviations to the standards may be approved by the Planning Commission if specific findings are made. This project requires a deviation from the prescribed plant palette by the El Camino Real Corridor Standards which includes eucalyptus and pine trees. These types of trees are too large to fit within the boundaries of the public right of way available for this project. Alternatively, crepe myrtle trees were selected because they have a smaller overall growth pattern and thus were considered more compatible with the site characteristics and are also consistent with the city Community Forest Management Plan. As discussed below, these CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Revised Landscape Plan November 4, 2020 Page 3 findings require a determination of infeasibility, maintenance of scenic qualities, consistency with the Scenic Preservation Overlay Zone intent, and no adverse impact on traffic safety. 1. That compliance with a particular standard (i.e., landscape) is infeasible for a particular project. Compliance with the required tree plant palette prescribed by the El Camino Real Scenic Corridor is not feasible along the eastern side El Camino Real due to the narrow right-of-way, existing utilities lines and the creek habitat. The right of way is bounded by the sidewalk, bridge abutments, the Rancho Carlsbad perimeter block wall, and existing utilities. The eucalyptus and pine species prescribed by the ECR Scenic Corridor were anticipated to get too big for the space available. The root systems of these types of trees had the potential of undermining the bridge abutments, sidewalk and sound wall foundations. Parks and Recreation staff conducted a site visit to evaluate the conditions of the project site. As a result of the site visit, Parks and Recreation recommended crepe myrtle trees from the Community Forest Management Plan, because of their smaller growth habit. The Community Forest Management Plan (CFMP) requires that removed city owned and maintained trees to be replaced at a ratio of 2:1. There are four city owned trees that will be removed and then replaced with eight trees to satisfy the CFMP. An additional four trees will be added at the request of the Parks and Recreation Department for a total of twelve replacement city trees. Eight of the twelve city replacement trees will be planted outside of the project boundary. Four crepe myrtles fit within the public right-of-way within this project boundary. The tree selection was reviewed by the city’s Environmental Management Division, project biologist and the city’s landscape architect and the selected trees were found to be suitable for the project area. 2. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled. The trees selected provide seasonal shade and produce seasonal flowers, providing visual interest all year long as they change with the seasons. These trees would contribute to the scenic qualities of the corridor. The pine and eucalyptus trees types within the corridor plan would have also provided shade but were less compatible with the site characteristics. 3. That the project will not have an adverse impact on traffic safety. The design guidelines of the El Camino Real Corridor Development Standards indicate that “intersections and access points shall be minimized along the corridor. The revised landscape plan will not have an adverse impact on traffic safety. A majority of the proposed plantings are stepped back away from the road and therefore will not impede traffic safety. The plantings nearest to the El Camino Real road are crepe myrtle trees in the public right-of-way. These have been selected for their relatively small growth pattern. Because of their small growth pattern, they will be easier to maintain and keep outside of vehicular sight lines preventing obstruction of visibility along the roadway. 4. That the project is designed so as to meet the intent of the scenic preservation overlay zone. Finally, since the revised landscape plan maintains the scenic quality objectives of the corridor standards, it also is consistent with the intent of the Scenic Preservation Overlay Zone (Zoning Ordinance Chapter 21.40). The Overlay Zone supplements the underlying zoning by providing additional regulations and guidelines (which the El Camino Real Corridor Development Standards provide) to guide development in designated areas, such as scenic corridors, and implement General Plan goals and objectives. Consistent CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Revised Landscape Plan November 4, 2020 Page 4 with the General Plan, the revised landscape plan fulfills Land Use and Community Design Element goals, including Land Use Goal 3-G.3 “Provide inviting streetscapes that encourage walking and promote livable streets.” IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment; therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15301 (c)– Exiting Facilities and Section 15301 (d) – Replacement or Reconstruction Class 1 of the California Environmental Quality Act (CEQA) Guidelines. A Notice of Exemption will be filed by the City Planner upon project approval. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7388 2. Location Map 3. Exhibits “G”, “AA”, “LL” – dated November 4, 2020 4. August 19, 2020, Planning Commission staff report 5. August 19, 2020, Planning Commission minutes CANNON RDEL C A M I N O R E A L DON MI G U E L D R DON R I C A R D O D R DON MATA DR PUB 2018-0014, CDP 2018-0031, SUP2018-0005, SUP 2018-0006 El Camino Real at Cannon Road Bridge Improvements SITE MAP J SITE E L C AMINO R E ALLA COSTA AVCARLSBAD B L MELROSE D R POINSETT I A L N ATTACHMENT 2 39 KLEINFELDER Bright people, Right Solutions. 550 West C Street Suite 1200 San Diego, CA 92101 Tel. (619) 831-4600 Fax. (619) 232-1039 EL CAMINO REAL BRIDGEIMPROVEMENTS AT CANNON ROAD IMPROVEMENT PLAN FOR: CDP2018-0031/SUP2018-0005/SUP2018-0006 PLAN REPRODUCTION WARNING THE PLANS HAVE BEEN CREATED ON ARCH D (24"x36") SHEETS. FORREDUCTIONS, REFER TO GRAPHIC SCALE. 0 SCALE IN FEET 20 40 SCALE: 1" = 20' EROSION AND SEDIMENT CONTROL PLAN 7 1 1 1 1 1 22 2 2 1 3 3 3 3 3 44 “” ATTACHMENT 3 EL CAMINO REALCANNON ROAD25'25'LANDSCAPE MATERIAL AND PLANTING PLANCOBBLE (DETAIL C, SHEET 39)STABILIZED DECOMPOSED GRANITE (DETAIL D, SHEET 39)RECOMPACT SOIL 12 INCHES FROM FINISHED SIDEWALK EDGE2"-3" SIZE COBBLESTABILIZEDDECOMPOSEDGRANITECONCRETESIDEWALK PERCIVIL PLANSRECOMPACT IMPACTEDEDGE, MIN. 12" FROMFINISHED SIDEWALK2"-3" SIZE COBBLESTABILIZEDDECOMPOSEDGRANITEEX. TREE TO REMAIN;PROTECT IN PLACEEX. TREE TO REMAIN;PROTECT IN PLACELEGEND6" CONCRETE CURBUNDER RAILING(RAILING PER BARRIERREPLACEMENT PLAN)6" CONCRETE CURBUNDER RAILING (RAILINGPER BARRIERREPLACEMENT PLAN)6" CONCRETE CURBUNDER RAILING(RAILING PER BARRIERREPLACEMENT PLAN)6" CONCRETE CURBUNDER RAILING (RAILINGPER BARRIERREPLACEMENT PLAN)6" CONCRETEMOW CURB6" CONCRETEMOW CURB6" CONCRETEMOW CURB6" CONCRETEMOW CURBSTABILIZEDDECOMPOSEDGRANITE6" CONCRETE MOW CURB (DETAIL E, SHEET 39)38CHAIN LINK FENCEPER CIVIL PLANKLEINFELDERBright people, Right Solutions.550 West C Street Suite 1200 San Diego, CA 92101Tel. (619) 831-4600 Fax. (619) 232-10393916 Normal StreetSan Diego, CA 92103619.294.4477www.ktua.com30201050SCALE: 1"= 10'39EL CAMINO REAL BRIDGEIMPROVEMENTS AT CANNON ROADIMPROVEMENT PLAN FOR:CDP2018-0031/SUP2018-0005/SUP2018-00066" CONCRETEMOW CURBLIMITS OF WORKLANDSCAPE MULCH 3" DEEPLANDSCAPE MULCHEX. TREE TO REMAIN;PROTECT IN PLACELAG TUS24" BOX9NOTES:1. SEE GREENBOOK SPECIFICATIONSAND PROJECT SPECIAL PROVISIONSFOR ADDITIONAL INFORMATION.2. REFER TO SHEET 39 FORMATERIALS SCHEDULE.PROTECT IN PLACE EXISTINGLANDSCAPE TO THE EXTENTPRACTICABLE. REPLACE IN KIND ANYLANDSCAPE DISTURBED BY PROJECTCONSTRUCTION.ALL EXISTING PLANTING AND/ORIRRIGATION DESIGNATED TO REMAIN ONSITE SHALL BE PROTECTED IN PLACE. ANYEXISTING PLANTING ORIRRIGATION DAMAGED DURING THECOURSE OF THE PROJECT SHALL BEREPLACED IN KIND TO THE SATISFACTIONOF THE CITY AND PER LANDSCAPE MANUALREQUIREMENTSSIGHT TRIANGLEEXISTINGSTREET LIGHT(TYP.)·TREES SHALL BE PLANTED TO MEET THE 2:1 RATIO PRESCRIBED BY THE CITY OF CARLSBAD COMMUNITY FOREST MANAGEMENT PLAN.COORDINATION WITH CITY OF CARLSBAD PARKS AND RECREATION FOR ADDITIONAL 8 - 24" BOX TREES TO BE PLANTED ALONG THE ELCAMINO REAL CORRIDOR TO SATISFY THE PLAN REQUIREMENTS.·ANY TREES LOCATED WITHIN A VEHICULAR SIGHT LINE MUST HAVE ALL LIMBS REMOVED TO A HEIGHT OF 6 FEET ABOVE THEADJACENT TOP OF CURBHYDROSEEDAREA PER CIVILSHEET 7HYDROSEEDAREA PER CIVILSHEET 7HYDROSEED PER CIVIL PLANS, SHEET 7QUE AGR24" BOX2PLA RAC24" BOX3TREES CODE BOTANICAL NAMECOMMON NAMESIZEQTY REMARKSLAG TUSLagerstroemia x `Tuscarora`Crape Myrtle Coral Pink 24" BOX9SELECT FOR PINK FLOWER COLOR. STAKEPER DETAIL A, SHEET 39.PLA RACPlatanus racemosaCalifornia Sycamore24" BOX3TREE SHALL HAVE A STRONG LEADER,SYMMETRICAL CANOPY, AND GOOD COLOR.STAKE PER DETAIL A, DRAIN PIPE PERDETAIL B, SHEET 39.QUE AGR Quercus agrifoliaCoast Live Oak Multi-Trunk 24" BOX2TREE SHALL HAVE A STRONG LEADER,SYMMETRICAL CANOPY, AND GOOD COLOR.STAKE PER DETAIL A, DRAIN PIPE PERDETAIL B, SHEET 39.PLANT_SCHEDULE Item No. Application complete date: July 22, 2020 P.C. AGENDA OF: August 19, 2020 Project Planner: Christina Bustamante Project Engineer: Brandon Miles SUBJECT: CDP 2018-0031/SUP 2018-0005/SUP 2018-0006 (PUB 2018-0014) – EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, CIP PROJECT NO. 6042 and 6056 – Request for approval of a Coastal Development Permit and two Special Use Permits to allow for the El Camino Real (ECR) at Cannon Road bridge improvements which includes the repair and reconstruction of the ECR bridge over Agua Hedionda Creek and construction of a new pedestrian bridge, Capital Improvement Program (CIP) 6042 and 6056 (Project) located south of the El Camino Real and Cannon Road intersection and within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zones 8, 14, 15, and 24. The project site is within the appeal jurisdiction of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (c) Existing Facilities, and Section 15301 (d) - Replacement or Reconstruction – of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7378 APPROVING Coastal Development Permit CDP 2018-0031, Special Use Permit SUP 2018-0005 and Special Use Permit 2018- 0006 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The project site is located south of the ECR and Cannon Road intersection, more specifically on the east and west sides of the ECR bridge over the Agua Hedionda Creek. The project area occurs within portions of five different parcels. The northbound lanes of the bridge are currently striped for a dedicated left turn lane, two through lanes, and a dedicated right-turn lane with a combined 6-foot bicycle lane. The sidewalk along the eastern side of the ECR bridge is discontinuous for 250 feet between Cannon Road and the southern end of the bridge. The existing concrete and steel bridge barriers are damaged in some locations and are obsolete, as they do not meet current Federal Highway Administration (FHWA) crash standards. There are numerous overhead utilities along the eastern edge of the bridge. Other utilities in the vicinity consist of large underground water main, conduits mounted to the edge of the ECR bridge deck, and two fuel lines and one gas line underground. There is existing vegetation on both sides of the bridge. On the west side are various native plants including riparian scrub, freshwater marsh, and coastal sage scrub. On the east side of the bridge are existing ornamental non-native plants including a variety of grasses, eucalyptus trees, pine trees and palm trees. Table A below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. 3 ATTACHMENT 4 CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 2 TABLE A – LAND USE DESIGNATION AND ZONING OF SITE AND SURROUNDING SITES Location General Plan Designation Zoning Current Land Use Site Residential (R-8), Open Space (OS) RMHP Residential Mobile Home Park (RMHP), Open Space (OS) Residential/Open Space North Open Space (OS) Planned Community (P-C) Open Space/ Residential South Residential (R-8) One-Family Residential (R-1) Residential East Residential (R-8), Open Space (OS) RMHP Residential Mobile Home Park (RMHP), Open Space (OS), Residential West Open Space (OS) Open Space (OS), Planned Community (P-C) Vacant Land Proposed Construction: The project proposes improvements to the ECR bridge over the Agua Hedionda Creek and a new pedestrian bridge. Grant deeds of easements have been acquired from The Foothills at Carlsbad Homeowners Association and Rancho Carlsbad Owners’ Association, Inc.; and acquisition of grant of temporary construction easements from Carlsbad Canterbury Association, Evans Point Homeowners Association, The Foothills at Carlsbad Homeowners Association and Rancho Carlsbad Owners’ Association, Inc., for the improvements. The project proposes construction of a new concrete cantilever slab on top of the existing cantilever slab, to widen the existing western sidewalk from four (4) feet to six (6) feet. The existing pedestrian railing would be relocated to the new sidewalk edge and new barriers would be installed to replace the existing obsolete bridge railings. The sidewalk along the eastern side of ECR is discontinuous for 250 feet between Cannon Road and the southern end of the bridge. To complete this missing section of sidewalk, a separate pedestrian bridge is proposed 25 feet upstream of the eastern side of the bridge. The pedestrian bridge would be a prefabricated steel truss bridge, 8 feet wide and 120 feet long, with 6'-5" tall railings, connecting the sidewalk along ECR to the sidewalk at the Cannon Road intersection. The bridge would be installed at an elevation of approximately 46 feet above sea level. The pedestrian bridge will be constructed on new concrete abutments aligned with the existing ECR bridge abutments, which will be supported on deep micropile foundations. Construction of the new pedestrian bridge abutments is expected to occur from the creek bed and from the parkways above. A portion of the existing brick sound wall behind the southeastern sidewalk will be demolished to allow for the installation of the new pedestrian bridge. The sound wall would be reconstructed and realigned inside the property line of the adjacent Rancho Carlsbad Owner’s Association. The vertical profile of the proposed steel truss pedestrian bridge would be relatively flat with the deck approximately 18 inches higher than the top of the existing ECR bridge to achieve positive freeboard clearance from flows within Agua Hedionda Creek during a 100-year storm event. A hydraulic analysis was completed to verify that the addition of the pedestrian bridge would be above the level of a flood during a 100-year storm event and would not impact the existing water way. Additional right-of-way was acquired along the eastern edge of the project to accommodate this new pedestrian bridge. CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 3 Numerous overhead utilities along the eastern edge of the bridge must be relocated to accommodate the proposed project. Other utilities in the vicinity consist of a large underground water main, conduits mounted to the edge of the ECR bridge deck, and two fuel lines and one gas line underground along the proposed alignment of the pedestrian bridge. San Diego Gas & Electric will be installing a 5-inch electrical conduit duct bank within the new pedestrian bridge. Excavation will be required on both sides of the existing bridge structure for connection to existing conduit. Once this work is completed, the two overhead electric distribution poles and associated hardware will be removed. Utilities attached to the eastern edge of the ECR Bridge deck would be protected in place. Affected utilities will either be abandoned or relocated to the new pedestrian bridge. Concrete and steel barriers along both edges of the bridge deck will be removed and new standard bridge barriers will be installed. New rails will be concrete, Type 80 for coastal zones, illustrated details can be found on plan sheets 14 through 16. Additionally, the new eastern bridge railing requires impact protection to meet current crash standards. This will likely be in the form of a compact crash-absorbing barrier assembly. The new bridge barrier along the western edge of the bridge deck will be offset less than two feet from its original alignment, necessitating reconstruction of the approaching metal beam guard rail. This guard rail would also be replaced with a crash barrier, similar to the eastern barrier railing approach. The outward alignment of the barrier will result in the widening of the southbound bicycle lane. Native vegetation, such as riparian scrub, freshwater marsh, and coastal sage scrub are present in the western section of the project area and will be temporarily disturbed. Temporary scaffolding will be placed within in this area to work on the concrete cantilever that will be placed on the western side of the bridge. The plants will only be disturbed by scaffolding and light foot traffic from workers. The construction is expected to last a relatively short amount of time, and thus the native habitat is expected to recover. No permanent impacts are expected. The section of the creek underneath the bridge is completely unvegetated and will not be disturbed during construction. Ornamental vegetation, such as non-native grasses, pine trees, Mexican fan palms, eucalyptus trees, and acacia shrubs, are present in the eastern section of the project area and will be disturbed. The vegetation in the area is ornamental vegetation typically associated with residential, and roadside development. The non-native ornamental grass disturbed during construction will be replanted with a hydroseed native grass mix upon completion of the proposed project. There are several non-native ornamental trees that will be removed during the construction of the pedestrian bridge located adjacent to the Rancho Carlsbad community, east of the ECR bridge. The location and list of trees that would be removed is detailed on sheet 37 of the plans. Some of these trees are within the public right of way and the others are within property owned by the Rancho Carlsbad Owner’s Association. The trees would be removed to accommodate a staging area for equipment used during construction to install the prefabricated steel truss bridge, and demolition and reconstruction of a sound wall. Some of the trees are located near high voltage lines, some are similar to other tree types that have fallen in the area during storm events. For safety and maintenance reasons, most of these trees outside of the public right-of-way will not be replaced. The other trees removed that do not pose a safety hazard will be replaced in a manner that is consistent with best practices for floodplain management and the city’s Community Forest Management Plan. More specifically, the Community Forest Management Plan requires the removed city owned trees to be replaced at a 2:1 ratio. There are four city owned trees that will be removed and then replaced with twelve trees. A detailed illustration of the trees to be planted as replacements can be found on sheet 38 of the plans. In coordination with the city of Carlsbad Parks and Recreation Department, these twelve trees will be placed within the El Camino Real corridor with Crepe Myrtle trees and Brisbane Box trees. CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 4 The Rancho Carlsbad Owner’s association has selected jacaranda trees and camphor trees as replacements for the trees removed on their property. Appropriate measures will be taken to comply with City Council Policy No. 4 Street Trees, Carlsbad Municipal Code Chapter 11.12 Trees and Shrubs, and the Community Forest Management Plan (CFMP). Alternatives to the proposed project were considered in partnership with the Parks and Recreation Department. Alternatives included temporarily closing a section of El Camino Real adjacent to the project area to use for construction staging and installing a new cantilever edge to accommodate a walkway on the east side existing ECR bridge. A temporary closure of a portion of El Camino Real, a main arterial road, would cause disruption to regular vehicle traffic and as a result that option was not considered viable. In order to add an additional lane to the east side of the ECR bridge, an additional cantilever would need to be installed. The width and weight of an additional cantilever on the east side of the bridge to accommodate a pedestrian walkway could not be supported by the existing El Camino Real bridge, because it would have compromised the structural integrity of the existing bridge, therefore that option was not viable. In addition, the existing bridge is within the 100-year floodplain and the new proposed pedestrian bridge will be constructed above the floodplain. The current proposed project, including the pedestrian bridge, is the most viable and feasible option. The temporary project construction footprint will extend beyond the current right-of-way along both sides of the bridge. A portion of the right-of-way will be permanently extended as a result of this project. Access to the creek bed during construction is anticipated either from the northeastern embankment or an access road from a private driveway, several hundred feet upstream. A private gated road and lot adjacent to the northeastern embankment may be considered as a contractor staging area. After construction of the bridge improvements, sidewalks, curbs, and gutters approaching the bridge will be rebuilt. The existing 5- foot-wide sidewalk along the eastern side of ECR, east of the bridge, may also require widening and will be widened if determined to be appropriate on site during construction. III. ANALYSIS The project is subject to the following regulations and requirements: A.Residential (R-8), and Open Space (OS) General Plan Designations; B.Open Space Zone, RMHP Residential Mobile Home Park Zone; C.Coastal Development Permit - Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); D.Special Use Permit – Floodplain Management Regulations (CMC Chapter 21.110); E.Special Use Permit - Scenic Preservation Overlay Zone regulations (CMC Chapter 21.40 and the El Camino Real Corridor Development Standards); and F.Growth Management (CMC Chapter 21.90); 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 in the sections below. A.Residential (R-8), and Open Space (OS) General Plan Designation The General Plan Land Use designation for the property is R-8 Residential, which allows residential development at a density range of 4-8 dwelling units per acre (du/ac) with a Growth Management Control CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 5 Point (GMCP) of 6 du/ac. The project does not include residential units and therefore would not conflict with the allowable density within the R-8 Residential General Plan land use designation. The site has an Open Space (OS) General Plan Land Use designation. The OS designation is intended for areas that offer natural resources (habitat, wetlands, beaches), areas for production of resources (agriculture, reservoirs), and recreation and aesthetics areas (parks, beaches). The proposed ECR bridge repairs and improvements will serve the Carlsbad residents by providing a connecting pedestrian bridge from the south eastern side of the ECR bridge to Cannon Road, widening pathways for pedestrian and bicycle access and replacing old guardrails. The repairs and improvements to the bridge would protect the Agua Hedionda Creek as the bridge would keep vehicles, and people separate from the creek. Table B identifies General Plan goals and policies relevant to the proposed project and describes the project’s compliance with the General Plan. TABLE B – GENERAL PLAN COMPLIANCE Element Use, Classification, Goal, Objective, or Program Proposed Uses & Improvements Comply? Land Use and Community Design Goal 2-G.16 Enhance Carlsbad’s character and image as a desirable residential, beach and open-space oriented community. 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 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 Repairing and replacing damaged or obsolete public facilities helps to maintain the quality of public infrastructure and preserve Carlsbad’s character. Providing a connecting segment from the northbound ECR to eastbound Cannon Road by constructing a new pedestrian bridge helps to ensure pedestrian safety and provides a recreation amenity that can be enjoyed by a variety of age groups. Yes Yes CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 6 Element Use, Classification, Goal, Objective, or Program Proposed Uses & Improvements Comply? Land Use and Community Design 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. Adding a pedestrian bridge to the easterly side of the ECR bridge would provide a connection from the sidewalk segment on ECR south of the bridge to eastbound Cannon Road. A connecting segment does not currently exist and adding this connecting segment will enhance walkability. A new concrete cantilever slab will be added on top of the existing cantilever to widen the existing western sidewalk from 4 feet to 6 feet. The new bridge barrier will be offset several feet from its original alignment and placed on the outside of the cantilever which will result in the widening of the southbound bicycle lane. Yes Mobility Goal 3-G.2 Improve connectivity for residents, visitors and businesses. Goal 3-G.3 Provide inviting streetscapes that encourage walking and promote livable streets. Goal 3-G.6 Protect and enhance the visual, environmental and historic characteristics of Carlsbad through sensitive planning and design of scenic transportation corridors. The addition of a pedestrian bridge along the easterly side of ECR bridge will provide pedestrian connectivity. The improved bridge guardrails, improved bridge deck, added pedestrian bridge and flower baring trees will provide an inviting streetscape and help to promote multiple modes of transportation such as walking and biking. Maintaining and improving the quality and function of the ECR bridge and pedestrian amenities helps to support the scenic transportation corridor of ECR. Careful consideration was given for the selection of trees and design of the bridge to complement the ECR corridor. Yes Yes Yes CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 7 Element Use, Classification, Goal, Objective, or Program Proposed Uses & Improvements Comply? Mobility Goal 3-G.26 Identify and implement necessary pedestrian improvements on streets where pedestrians are to be accommodated, with special emphasis on providing safer access to schools, parks, community and recreation centers, shopping districts, and other appropriate facilities. Goal 3 -G.29 Evaluate incorporating pedestrian and bicycle infrastructure within the city as part of any planning or engineering study, private development, or capital project. The repairs and improvements will provide safer access for residents that walk to Sage Creek High School, Carlsbad Highlands Ecological Reserve and Agua Hedionda Lagoon Ecological Reserve, because the bridge will provide a connection for a missing sidewalk segment along the eastern side of the ECR bridge. This is a capital improvement project that would improve pedestrian and bicycle infrastructure. Yes Yes Open Space, Conservation, and Recreation Goal 4-G.15 Maintain functional wildlife corridors and habitat linkage in order to contribute to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the city. The repairs to the ECR bridge ensure its ability to function, so that it can continue to allow the flow of water and wildlife through the creek habitat. Yes CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 8 Public Safety Goal 6-G.3 Maintain safety services that are responsive to citizens’ need to ensure a safe and secure environment for people and property in the community. 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 increases in erosion, flood height or velocities. The proposed bridge repairs and improvements would bring the bridge into conformance with all Federal Highway Administration (FHWA) safety requirements. The project consists of the repair and improvement of an existing bridge. The repairs, improvement and new pedestrian bridge, will not affect the site’s ability to handle a 100-year base flood or flood caused by dam inundation. Yes Yes B. Open Space Zone (CMC Chapter 21.33), RHMP Residential Mobile Home Park Zone (CMC Chapter 21.37), Planned Community Zone (Chapter 21.38) The proposed project is required to comply with all applicable use and development standards of the Carlsbad Municipal Code (CMC) including the Open Space (OS) Zone (CMC Chapter 21.33), and RMHP Residential Mobile Home Park (RMHP) Zone (CMC Chapter 21.37). The project’s compliance with each of these zones is discussed below: Open Space Zone The proposed ECR bridge repairs and 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, trails, bicycle paths and transportation rights-of-way are permitted uses in the OS zone. The bridge repairs and improvements of the existing ECR bridge and new pedestrian bridge are consistent with the intent and purpose of the zone in which it is located. CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 9 RHMP Residential Mobile Home Park Zone This project includes a portion of a parcel within the RMHP Residential Zone. The proposed project is consistent with typical improvements for a mobile home park and thus consistent with the RHMP zone. C. Coastal Development Permit (CMC Chapter 21.80) for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) The project site is located within the Coastal Zone and is subject to the Mello II Segment of the Local Coastal Program (LCP) and is within the appeals jurisdiction of the California Coastal Commission. The site is also located within and subject to the Coastal Resource Protection Overlay Zone. The project’s compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies. The project consists of repairs to an existing bridge and a new pedestrian bridge, located predominately within the public right-of-way, and within public utility and access easements. The project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor damage the visual beauty of the coastal zone as the existing bridge and new bridge will have a relatively low flat profile. The repairs and 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 site. The proposed project is not located in an area of known geologic instability. Although, the project is located within a 100-year flood area and dam inundation area, both the existing bridge and new pedestrian bridge have been designed to withstand these events and will not obstruct water flows or cause the water to rise upstream or downstream. Given that the site does not have any frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are available. Furthermore, the site is not suited for water-oriented recreation activities. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property is within the public right-of-way and public utility and access easements, does not include steep slopes (equal to or greater than 25 percent gradient) nor native vegetation. The site is not located within an area prone to landslides, or susceptible to accelerated erosion, or liquefaction. Although the area is subject to flooding, the project has been designed to adequately withstand a flood event. D. Floodplain Management Regulations (CMC Chapter 21.110) The project site is identified as being within “Zone AE” and “Zone AE with Floodway” of the Flood Insurance Rate Map 06073C0764G, dated May 15, 2012. “Zone AE” and “AE with Floodway” are special flood hazard areas (SFHA). These are areas that will be inundated by a flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. A Special Use Permit (SUP) is required prior to construction within CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 10 any special flood hazard areas. The permit is required to review the project for protection of public health, safety and welfare and to minimize public and private losses due to flooding. A SUP may be approved only if the following findings are made: 1.The project is consistent with the general plan, local coastal program, the requirements of Chapter 21.110 of the Carlsbad Municipal Code, and any other applicable requirements of this code. The ECR bridge repairs and improvements and the addition of a pedestrian bridge is consistent with the General Plan in that it provides safety and supports multiple modes of transportation. The project is compatible with the character and the scale of the surrounding area and will not negatively impact public views. The ECR bridge and pedestrian bridge are uses that are compatible with periodic flooding. Additionally, the proposed ECR repairs and pedestrian bridge are consistent with the purpose of the zoning district in which it is located. 2.The site is reasonably safe from flooding. The project is located within the 100-year floodplain within which there is a one percent probability of a flood occurring in any given year. It is also located within a dam inundation area. Emergency action plans are in place in the event of dam inundation and the dam facilities are periodically inspected by the State of California Division of Dam Safety. The ECR bridge repairs and improvements, including the new pedestrian bridge would not impede the carrying capacity of the Agua Hedionda Creek. The bridge would be built to withstand a 100-year flood event and flood inundation event. The pedestrian bridge will be anchored by new concrete abutments and supported by deep micropile foundations. 3.The project is designed to minimize the flood hazard to the habitable portions of the proposed structure. The project would provide repairs and improvements of the existing ECR bridge and construction of a new pedestrian bridge. The project would provide a design that would minimize a flood hazard event to the adjacent resident neighborhood. The project would not include habitable structures. 4.The proposed project does not create a hazard for adjacent or upstream properties or structures. The project is for repairs and improvements to an existing bridge. The bridge is designed to allow water from Agua Hedionda Creek to continue flowing. In addition, the project will add a new bridge structure approximately 26-feet upstream of the existing bridge to provide a missing sidewalk segment for pedestrians. It would not create new hazards for adjacent or upstream properties or structures. 5.The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the proposed project repairs to the existing ECR bridge and pedestrian bridge, is adequately anchored, does not obstruct the waterway and will not create any hazards to adjacent or downstream properties and structures. 6.The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency. CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 11 The Hydraulic Analysis demonstrated the proposed project does not reduce the ability of the existing bridge or new pedestrian bridge to pass or handle a base flood of 100-year frequency. The deck of the new bridge would be 18” higher than the top of the existing ECR bridge deck to achieve positive freeboard clearance from flows within Agua Hedionda Creek during a 100-year flood event. 7.The cumulative effect of the proposed project when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. There are several existing bridge crossings along the Agua Hedionda Creek, including the Cannon Road Bridge, El Camino Real Bridge, a small foot bridge, and triple box culverts under Rancho Carlsbad Drive. The Hydraulic analysis stated that the existing condition results and FEMA’s floodplain mapping show that the 100-year flow does not overtop the existing El Camino Real bridge, so the proposed El Camino Real bridge improvements will not impact water surface elevations. The water surface elevations from the El Camino Real bridge are slightly reduced by the project because of the reduced vegetation density. Therefore, the project adheres to floodplain and floodway regulations. 8.The project is contingent upon compliance with other federal and state regulations required. A Jurisdictional Delineation Report was completed for this project. The report determined that this project would be in compliance with United States Army Corps of Engineers (Corps), the California Department of Fish and Wildlife (CDFW), and the Regional Water Quality Control Board (RQWCB). E.Scenic Preservation Overlay Zone regulations (CMC Chapter 21.40 and the El Camino Real Corridor Development Standards) Proposed development projects along El Camino Real and within 500 feet of the roadway are subject to the Scenic Preservation Overlay Zone, the El Camino Real Corridor Development Standards, and require a Special Use Permit (SUP). The intent of the corridor standards is to maintain and enhance the appearance of the El Camino Real roadway through design concepts and development standards, and other requirements. In addition, the standards intend to emphasize and retain the natural topography adjacent to El Camino Real. Minimal cut or fill will be allowed for development so that it does not detract from the existing identified characteristics. Grading will not be allowed to create more “visible” development along the roadway. The proposal is in Area 3 of the El Camino Real Corridor, a southerly section that extends from near the Country Store to College Boulevard. The corridor description notes low intensity residential uses, expansive views of the Aqua Hedionda flood plain, hills, valleys, and agricultural areas. The project is consistent with the development standards and intent of those standards concerning aesthetics as the table below demonstrates. CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 12 TABLE C - EL CAMINO REAL CORRIDOR COMPLIANCE FOR AREA 3 Standard Compliance Design Theme Rural Residential The existing ECR bridge after the improvements and repairs would continue to look substantially the same. The new pedestrian bridge would be a steel truss style bridge and would be consistent with the rural residential design theme of this area of the corridor. Sidewalks None adjacent to street. They may be provided in individual developments on the interior side of the minimum setback. The improvements will be made to the existing sidewalk along the west side of the bridge. The improvements will add about 2 feet to the existing 4-foot width of the sidewalk. A pedestrian bridge will be added to provide pedestrian connectivity along the east side of the ECR bridge. Signs Wall signs only; wood externally lighted. College Avenue commercial site allowed a freestanding monument sign not to exceed 6 feet high, 12 feet long, or 50 square feet in area. The project does not include wall signs. Building Height Areas upslope, downslope (less than 15 feet) and at grade in relation to El Camino Real The project does not include construction of a building Grading No cut or fill exceeding 10 feet from original grade. The improvements are primarily to the existing bridge with minimal grading for the new bridge abutments, approximately 200 cubic yards are shown on the plans. Setback Non-Residential, at grade 60 feet from right-of-way This is a capital improvement project for public facilities and will occur predominately within the public right-of-way Street Light Spacing Double Distance between poles from City Standard The project will comply with city standards When practical application of the El Camino Real Corridor Standards is not feasible, deviations to the standards may be approved by the Planning Commission if specific findings are made. This project requires CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 13 a deviation from the prescribed plant palette by the El Camino Real Corridor Standards which includes eucalyptus and pine trees. These types of trees are too large to fit within the boundaries of the public right of way available for this project. Alternatively, Crepe Myrtle trees were selected because they have a smaller overall growth pattern and thus were considered more compatible with the site characteristics and are also consistent with the city Community Forest Management Plan. As discussed below, these findings require a determination of infeasibility, maintenance of scenic qualities, consistency with the Scenic Preservation Overlay Zone intent, and no adverse impact on traffic safety. 1.That compliance with a particular standard (i.e., landscape) is infeasible for a particular project. Compliance with the required tree plant palette prescribed by the El Camino Real Scenic Corridor is not feasible along the eastern side El Camino Real due to the narrow right-of-way, existing utilities lines and the creek habitat. The right of way is bounded by the sidewalk, bridge abutments, a sound wall and existing utilities. The eucalyptus and pine species prescribed by the ECR Scenic Corridor were anticipated to get too big for the space available. The root systems of these trees had the potential of undermining the bridge abutments, sidewalk and sound wall foundations. Parks and Recreation staff conducted a site visit to evaluate the conditions of the project site. As a result of the site visit, Parks and Recreation recommended crepe myrtle trees from the Community Forest Management Plan. The property beyond the right-of-way is owned and maintained by the Rancho Carlsbad Owner’s Association. The Association selected Jacaranda and a Camphor trees from the Community Forest Management plan to replace the trees that were removed on their property. The overall quantity of trees that would be replaced is less than the quantity of trees that would be removed because the hydraulic analysis noted that the reduced quantity of trees would allow water to flow without obstruction during a 100-year flood event. More specifically, twenty-five trees will be removed and fourteen trees will be replanted within the project boundary. Of those trees that would be removed, four of them are city owned and maintained trees. Those city trees will be replaced with four crepe myrtle trees within the project boundary and eight Brisbane box trees outside the project boundary along the El Camino Real corridor which will exceed the requirement to replace city removed trees at a ratio of 2:1 to comply with the Community Forest Management Plan. The tree selection was reviewed by the city’s Environmental Management Division, project biologist and the Hydrology Engineer and the selected trees were found to be suitable for the project area. 2.That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled. The trees selected provide shade and produce seasonal flowers, providing a visual interest all year long and contributing to the scenic qualities of the corridor. The trees within the corridor plan would have also provided shade but were less compatible with the site characteristics. 3.That the project will not have an adverse impact on traffic safety. The design guidelines of the El Camino Real Corridor Development Standards indicate that “intersections and access points shall be minimized along the corridor. The existing roadways would continue to be in conformance with the city’s Engineering Department Design Standards.” The repairs and improvements to the existing ECR bridge would not change the existing vehicle lanes. The new pedestrian bridge is approximately 26 feet upstream from the ECR bridge and would not alter the existing roadway. The new pedestrian bridge would create a new pedestrian connection along a discontinuous sidewalk section along the east side of the bridge. Because this new bridge will direct pedestrians away from the roadway it will likely increase traffic safety. The crepe myrtle CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 (PUB 2018-0014) – El Camino Real at Canon Road Bridge Improvements August 19, 2020 Page 14 trees have a relatively small growth pattern. They would be planted in the public right of way outside of vehicular sight lines and would not obstruct visibility along the roadway. 4.That the project is designed so as to meet the intent of the scenic preservation overlay zone. Finally, since the project maintains the scenic quality objectives of the corridor standards, it also is consistent with the intent of the Scenic Preservation Overlay Zone (Zoning Ordinance Chapter 21.40). The Overlay Zone supplements the underlying zoning by providing additional regulations and guidelines (which the El Camino Real Corridor Development Standards provide) to guide development in designated areas, such as scenic corridors, and implement General Plan goals and objectives. Consistent with the General Plan, the project fulfills Land Use and Community Design Element goals, including Land Use Goal 3-G.3 (“Provide inviting streetscapes that encourage walking and promote livable streets”) and Goal 3-G.2 (“Improve connectivity for residents, visitors and businesses”). F.Growth Management (CMC Chapter 21.90) The proposed project is located within Local Facilities Management Zone 8, 14, 15, 24 in the Northwest and Northeast Quadrant of the city. The project is in compliance with the adopted performance standards and would provide the necessary public facilities. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment; therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15301 (c)– Exiting Facilities and Section 15301 (d) – Replacement or Reconstruction Class 1 of the California Environmental Quality Act (CEQA) Guidelines. A Notice of Exemption will be filed by the City Planner upon project approval. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1.Planning Commission Resolution No. 7378 2.Location Map 3.Project Photo Simulation 4.Disclosure Statement 5.Reduced Exhibits 6.Exhibits “A” – “MM” dated August 19, 2020 PLANNING COMMISSION RESOLUTION NO. 7378 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, FLOOD PLAIN SPECIAL USE PERMIT, AND A SCENIC CORRIDOR SPECIAL USE PERMIT FOR EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS ON PROPERTY GENERALLY LOCATED WITHIN THE PUBLIC RIGHTS-OF-WAY ON EL CAMINO REAL FROM CANNON ROAD, SOUTH FOR APPROXIMATELY 370 FEET WITHIN LOCAL FACILITIES MANAGEMENT ZONES 8, 14, 15 AND 24. CASE NAME: EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS CASE NO: CDP 2018-0031/ SUP 2018-0005/ SUP 2018-0006 (PUB)2018-0014 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as a portion of property identified by Assessor's Parcel Number 168-360-06, 168-050-38, 168-050- 039, 208-162-34, and 212-152-01 and on file in the Planning Division ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit, and two Special Use Permits as shown on Exhibit(s) "A-MM" dated August 19, 2020, attached hereto and on file in the Carlsbad Planning Division, CDP 2018-0031/ SUP 2018-0005/ SUP 2018-0006 -EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, as provided in Chapters 21.40, 21.110 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the City Planner has determined that the EL Camino Real at Cannon Road Bridge Improvements are categorically exempt from CEQA pursuant to CEQA Guidelines section 15301(c) and section 15301 (d) and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies; and WHEREAS, the Planning Commission did, on August 19, 2020, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit. 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 APPROVES CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 -EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit CDP 2018-0031 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that in that the proposed project is consistent with, or otherwise implements, the following Mello II LCP policies: a. Carlsbad LCP Mello II 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 II Policy 3-4 Grading and Landscaping Requirements. The project complies because minimal grading would occur. Also 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 and concrete wing walls would be installed at the bridge abutments to reduce the possibility of erosion. c. Carlsbad LCP Mello Policy 3-1.1 Habitat Management Plan (HMP). The project complies because the project will not permanently impact habitat as identified in the HMP. In addition, sensitive species of animals or plants identified by the Biological Technical Report within the project boundaries would be avoided during construction. d. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a Storm Water Pollution Protection Plan (SWPPP) to ensure proper storm water quality measures during construction such as installation of gravel bags, silt fences, straw wattles, equipment drip pans, 'porta-potty' containment pans, trash cans etc. e. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies because it will not remove any natural vegetation with the project. Only non-native plants will be removed from the project site. PC RESO NO. 7378 -2- f. Carlsbad LCP Mello II Policy 4-7 Flood Hazards. The existing ECR bridge and new pedestrian bridge are compatible with the periodic flooding anticipated for the 100- year floodplain, and compatible with the unlikely event for dam inundation. 2. The proposal is ir, conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the proposed ECR bridge repairs and improvements and the new pedestrian bridge would improve public access opportunities and recreational resources. The bridge structures 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. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, GradiJ1g 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. No steep slopes are located on the subject property and 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. There are native plants along the west side of the bridge, but the duration of the construction period is relatively brief and the plants are expected to recover resulting in no impacts to native plants. 4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8, 14, 15, and 24 and all City public facility policies and ordinances. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. The sewer main and appurtenances are designed of a size adequate to convey the future anticipated build-out demand of the service area for the District. 5. The Planning . Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Flood Plain Special Use Permit SUP 2018-0005 6. The project is consistent with the general plan, local coastal program, the requirements of Chapter 21.110 of the Carlsbad Municipal Code, and any other applicable requirements of this code in that the ECR bridge repairs and improvements _.nd the addition of a pedestrian bridge is consistent with the General Plan in that it provides safety and supports multiple modes of transportation. The project is compatible with the character and the scale of the surrounding area and will not negatively impact public views. The ECR bridge and pedestrian bridge are uses that are compatible with periodic flooding. Additionally, the proposed ECR repairs and pedestrian bridge are consistent with the purpose of the zoning district in which it is located. 7. The site is reasonably safe from flooding in that the project is designed to withstand anticipated flooding. The ECR bridge and the new pedestrian bridge are within the 100-year floodplain PC RESO NO. 7378 -3- within which there is a one percent probability of a flood occurring in any given year. It is also located within a dam inundation area. Emergency action plans are in place in the event of dam inundation and the dam facilities are periodically inspected by the State of California Division of Dam Safety. The ECR bridge repairs and improvements, including the new pedestrian bridge would not impede the carrying capacity of the Agua Hedionda Creek. The pedestrian bridge would be anchored by new concrete abutments and supported by deep micropile foundations. 8. The project is designed to minimize the flood hazard to the habitable portions of the proposed structure in that the project would not include habitable structures. The project would provide repairs and improvements of the existing ECR bridge and construction of a new pedestrian bridge. The project would minimize a flood hazard event to the adjacent resident neighborhood. 9. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the project is for repairs and improvements to an existing bridge. The existing bridge is designed to allow water from Agua Hedionda Creek to continue flowing. In addition, the project will add a new bridge structure approximately 26-feet upstream of the existing bridge to provide a missing sidewalk segment for pedestrians. The new bridge would not create new hazards for adjacent or upstream properties or structures. 10. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the proposed project repairs to the existing ECR bridge and pedestrian bridge, is adequately anchored, does not obstruct the waterway and will not create any hazards to adjacent or downstream properties and structures. 11. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency in that the Hydraulic Analysis demonstrated the proposed project does not reduce the ability of the existing bridge or new pedestrian bridge to pass or handle a base flood of 100-year frequency. The deck of the new bridge would be 18" higher than the top of the existing ECR bridge deck to achieve positive freeboard clearance from flows within Agua Hedionda Creek during a 100-year flood event. 12. The cumulative effect of the proposed project when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point in that there are several existing bridge crossings along the Agua Hedionda Creek study, including the Cannon Road Bridge, El Camino Real Bridge, a small foot bridge, and triple box culverts under Rancho Carlsbad Drive. The Hydraulic analysis stated that the existing condition results and FEMA's floodplain mapping show that the 100- year flow does not overtop the existing El Camino Real bridge, so the proposed El Camino Real bridge improvements will not impact water surface elevations. The water surface elevations from the El Camino Real bridge are slightly reduced by the project because of the reduced vegetation density. Therefore, the project adheres to floodplain and floodway regulations. 13. The project is contingent upon compliance with other federal and state regulations required in that a Jurisdictional Delineation Report was completed for this project. The report determined that this project would be in compliance with United States Army Corps of Engineers (Corps), the California Department of Fish and Wildlife (CDFW), and the Regional Water Quality Control Board (RQWCB). PC RESO NO. 7378 -4- Scenic Corridor Special Use Permit SUP 2018-0006 14. The project is consistent with the intent and purpose of the El Camino Corridor Development Standards in that the repairs and improvements to the existing ECR bridge will maintain the operation of the bridge. The new pedestrian bridge will provide a pedestrian connection for a discontinuous sidewalk on the east side of El Camino Real. The improvements to the existing bridge will improve the aesthetics of the bridge by replacing existing older deteriorating barriers. The new pedestrian bridge will be a streel truss style bridge which presents a visually appealing aesthetic. The replanted trees are consistent with the Street Tree Species List of the city's community forest management plan. The trees will provide shade and seasonal flowers that will add to the visual appeal of the project area. Therefore, the project will maintain and enhance the appearance of the El Camino Real Corridor. 15. The project is consistent with the design standards of the El Camino Real Corridor Development Standards in that the natural topography of the project area will be maintained, and minimal grading will be conducted. The project was designed consistent with the city's Engineering Department Design Standards. 16; The project will not adversely affect the scenic, historical or cultural qualities of the property in that the project proposes improvements and repairs to an existing ECR bridge. The improvements would widen the existing pedestrian and bicycle lanes along the western side of the bridge. The new pedestrian bridge would provide a connecting segment that is currently missing from the discontinuous sidewalk along the eastern side of the ECR bridge. These improvements would help support active transpiration and contribute to the overall aesthetic of the El Camino Real Scenic Corridor. Deviations to El Camino Real Corridor Development Standards 17. Compliance with a particular standard (landscape standard) is infeasible for this project in that compliance with the plant palette required by the El Camino Real Scenic Corridor along the eastern side El Camino Real is not feasible due to the narrow right-of-way, existing utilities lines and the creek habitat. The right of way is bounded by the sidewalk, bridge abutments, a sound wall and existing utilities. The eucalyptus and pine species required by the ECR Scenic Corridor Standard were anticipated to get too big for the space available. The root systems of these trees had the potential of undermining the bridge abu_tments, sidewalk and sound wall foundations. Parks and Recreation staff conducted _a site visit to evaluate the conditions of the project site. As a result of the site visit, Parks and Recreation recommended crepe myrtle trees from the Community Forest Management Plan. The Community Forest Management Plan requires the removed city owned trees to be replaced at a 2:1 ratio. There are four city owned trees that will be removed and then replaced with twelve trees. In coordination with the city of Carlsbad Parks and Recreation Department, four Crepe Myrtle trees would be placed within the project boundary and eight Brisbane Box trees would be placed outside of the project boundary. The property beyond the right-of-way is owned and maintained by the Rancho Carlsbad Owner's Association. The Association selected Jacaranda and Camphor trees from the Community Forest Management plan to replace the trees that were removed. The overall quantity of trees that would be replaced would be less than the quantity of trees removed because the hydraulic analysis noted that the reduced quantity of trees would allow water to flow without obstruction during a 100-year flood event. The trees will be replaced in a manner that is consistent with best practices for floodplain management. Appropriate measures will also be taken to comply with City Council Policy No. 4 Street Trees, Carlsbad Municipal Code Chapter 11.12 Trees and Shrubs, and the Community Forest Management Plan (CFMP). The tree selection was reviewed PC RESO NO. 7378 -5- I by the city's Environmental Management Division, project biologist and the Hydrology Engineer and the trees were found to be suitable for the project area. 18. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled in that the trees selected provide shade and produce seasonal flowers, providing a visual interest all year long and contributing to the scenic qualities of the corridor. The trees within the corridor plan would also provide shade but were less compatible with the site characteristics. 19. That the project will not have an adverse impact on traffic safety in that the existing roadways would continue to be in conformance with the city's Engineering Department Design Standards. The repairs and improvements to the existing ECR bridge would not change the existing vehicle lanes. The new pedestrian bridge is approximately 26 feet upstream from the ECR bridge and would not alter the existing roadway. The new pedestrian bridge would create a new pedestrian connection along a discontinuous. sidewalk section along the east side of the bridge. Because this new bridge will direct pedestrians away from the roadway it will likely increase traffic safety. 20. That the project is designed so as to meet the intent of the scenic preservation overlay zone in that the project maintains the scenic quality objectives of the corridor' standards, it also is consistent with the intent of the Scenic Preservation Overlay Zone (Zoning Ordinance Chapter 21.40). The Overlay Zone supplements the underlying zoning by providing additional regulations and guidelines (which the El Camino Real Corridor Development Standards provide) to guide development in designated areas, such as scenic corridors, and implement General Plan goals and objectives. Consistent with the General Plan, the project fulfills Land Use and Community Design Element goals, including Land Use Goal 3-G.3 ("Provide inviting streetscapes that encourage walking and promote livable streets") and Goal 3-G.2 ("Improve connectivity for residents, visitors and businesses"). California Environmental Quality Act 21. The city planner has determined, and the Planning Commission finds, that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction of the State CEQA Guidelines. In making this determination, the Planning Commission finds that the criteria listed in Section 15301 (c) - Existing Facilities and Section 15301 (d) -Replacement or Reconstruction of the State CEQA Guidelines have been met and that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. Section 21084 of the Public Resources Code requires the State CEQA Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction are identified as Class 1 categorical exemptions. Each of the criteria set forth in Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction is set out below and an explanation is provided demonstrating how the project meets and satisfies the criteria. In addition, each applicable exception to the categorical exemptions is set out below and an explanation provided demonstrating how the exception does not apply to the project. PC RESO NO. 7378 -6- (a) The project meets the threshold criteria set forth in CEQA Guidelines Section 15301 (c) - Existing Facilities and Section 15301 (d) -Replacement or Reconstruction. (b) An exception listed in Section 15300.2 does not apply to the project. Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction CEQA Guidelines Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction sets forth additional criteria which must be met for a project to be exempt from CEQA. In order to qualify for an exemption, an in-fill development project must meet all of the threshold criteria setforth below. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. Finding: The proposed project would repair an existing bridge and reconcile a missing pedestrian connection along the east side of El Camino Real with construction of a new pedestrian bridge. The bridge would improve the existing condition by providing a continuous pedestrian path along El Camino Real that is also separated from vehicle traffic. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. Finding: The proposed project would repair and replace damaged or obsolete railing and concrete steel barriers to maintain the quality of public infrastructure and preserve Carlsbad's character. The new railing and barriers would be in compliance with current Federal Highway Administration crash standards. Section 15300.2 Compliance (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Finding: The project qualifies for a Class 1 exemption and therefore this exception is not applicable. (b) Cumulative Impact. All exemption for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. Finding: Impacts associated with the project would consist of less than significant short- term impacts from construction equipment noise and air pollutant emissions, temporary PC RESO NO. 7378 -7- impacts to habitat, traffic control measures adjacent to the project site, and construction trips. No long-term or growth-inducing impacts would be generated. All temporary construction impacts would be less than significant and construction efforts would include the implementation of best management practices. Thus, contributions to potential cumulative impacts would not be cumulatively considerable. (c} Significant Impact. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Finding: No unusual circumstances have been identified in or around the project site that would result in significant environmental impacts. The project would be constructed using standard methods, and activities would comply with all applicable local, State, and federal requirements related to air quality, noise, water quality/storm water, hazardous materials handling, and waste disposal. The project would not introduce a new land use or increase automobile trips and would have no effect related to population growth. The city retained LSA to assess if sensitive biological and cultural resources occur in the project vicinity and, if so, the potential for such resources to be affected by the project. Based on field reviews of the project site and review of pertinent literature, the potential for significant adverse environmental impacts as defined under CEQA is negligible. (d} Scenic Highways. 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. Finding: The project site is not located within or adjacent to a highway officially designated as a state scenic highway. Therefore, this exception is not applicable. (e} Hazardous Waste Sites. 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. Finding: The project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code. (f} 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. Finding: This is an existing disturbed projects site, there are no historic resources that have been documented on or around the project site and therefore no historical resources are expected to be present on or around the project site. 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. PC RESO NO. 7378 -8- 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 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 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 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 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: 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8, 14, 15 and 24 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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. PC RESO NO. 7378 -9- 9. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 10. Prior to the start of construction, a revised landscape plan shall be reviewed and approved by the Planning Commission. The revised landscape plan shall replace the ornamental trees with native trees to the degree feasible and include narrow leaf milkweed to the native hydroseed mix. The native trees selected shall also have the following characteristics: consistent with a rural residential theme, compatible with the adjacent riparian habitat, evergreen, low fire hazard, low leaf litter, and featured in the Community Forest Management Plan. Avoidance and Minimization Measures 11. A biologist shall prepare an Environmental Awareness Training Program to be provided to all project personnel prior to commencement of project-related activities. The program shall contain information concerning special-status plant, wildlife, and aquatic resources, including, but not limited to, descriptions, locations of suitable habitat, reasons for avoidance, and avoidance and minimization measures. 12. The contractor shall install orange construction fencing (or similar) along the perimeter of the proposed Temporary Impact Areas to demarcate limits of work clearly. A biologist shall be present during this activity to direct that impacts to vegetation outside of the proposed Temporary Impact Areas and bird nests (if fence installation occurs between January 15 and September 15) are avoided. 13. A biologist shall flag San Diego marsh-elder individuals near work areas or access paths for avoidance. 14. A biologist shall perform a presence/absence survey for monarch butterfly prior to disturbance/removal of eucalyptus trees. The biologist shall survey the tree(s) to be affected and an appropriately sized surrounding buffer. If any Monarch butterfly roosting sites are identified, tree disturbance/removal will be prohibited until roosting is no longer observed. 15. If vegetation disturbance is scheduled to occur during the bird breeding season (between January 15 and September 15), a biologist shall perform a nesting survey within the proposed construction area and appropriately sized buffer no more than 72 hours prior to vegetation disturbance. If the planned vegetation disturbance does not occur within 72 hours of the nesting bird survey, then the area should be resurveyed. If nesting birds are found, then the qualified biologist shall establish an adequate buffer zone (on a species-by-species, case-by-case basis) in which construction activities would be prohibited until the nest is no longer active. The size of the buffer zone is determined by the biological monitor based on the amount, intensity, and duration of construction, and can be altered based on site conditions. If appropriate, as determined by the biological monitor, additional monitoring of the nesting birds may be conducted during construction to ensure that nesting activities are not disrupted. If any active coastal California gnatcatcher or least Bell's vireo nests are identified, then the project biologist will consult with the USFWS for direction on appropriate buffer zone radius for avoidance. 16. A bat specialist shall conduct a survey prior to construction activities to determine the need for humane eviction or other avoidance and minimization measures. PC RESO NO. 7378 -10- 17. Tree removal or construction activities adjacent to the bridge shall be conducted outside of the bat maternity season (April 1 through August 31) to the greatest extent practicable. 18. If nighttime work is necessary during construction, night lighting shall only be used on the portion of the bridge structure actively being worked on, that the lighting be focused on the direct area of work, and that airspace access to and from the bat roost features not be obstructed except at direct work areas. 19. All vehicles, equipment, tools, and supplies shall stay within the limits of the Temporary Impact Areas, but rio vehides, equipment, tools, or supplies should be placed within the Agua Hedionda Creek or its associated riparian vegetation. Only the temporary placement of the scaffolding associated with sidewalk overhang construction should be placed on top of vegetation/ground within the creek. 20. BMP features (e.g. silt fencing, straw waddles, and gravel bags) shall be installed where necessary to prevent off-site sedimentation. 21. Equipment refueling should occur in an upland area far enough away from the creek to prevent contamination of waters. 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 writing arid 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. PC RESO NO. 7378 -11- NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as"fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a}, and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning; zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 19, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: VEL YN ANDERSON, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7378 -12- ATTACHMENT 5