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
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PUB 2018-0014, CDP 2018-0031, SUP2018-0005, SUP 2018-0006
El Camino Real at Cannon Road Bridge Improvements
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ATTACHMENT 2
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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).
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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
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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