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HomeMy WebLinkAboutEA 2021-0014; CARLSBAD BOULEVARDAT ENCINAS CREEK CMP REPLACEMENT PROJECT - CIP 6607; Admin Decision LetterMemorandum May 5, 2021 To: From: Jason Evans, Associate Engineer Christina M. Bustamante, Associate Planner Eric Lardy, Principal Planner {cityot Carlsbad 8FILE COPY rV/ II< ,·1~ J s-/JI /1.1 Via Re: EA 2021-0014 (PUB 2021-0007)-Carlsbad Boulevard at Encinas Creek CMP Replacement Project-CIP 6607 Thank you for submitting an Early Assessment for replacement and improvements to an existing corrugated metal pipe storm drain system with. reinforced concrete pipe system on both sides of northbound Carlsbad Boulevard near Encinas Creek. The project would collect road runoff and convey it downslope on the east side of the boulevard and toward the creek. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of an Early Assessment is to provide you with direction and comments on the overall concept of your project. This Early Assessment does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans. policies •. and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal. new plans. policies. and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: Land Use Consistency 1. Carlsbad Boulevard at Encinas Creek, near APN 2140101400 The project area is entirely within existing right of way, as such it is not within a zone or General Plan designation. It also does not have a Local Coastal Plan la_nd use designation, but it is within the Coastal Zone. The project is near Oust west of) a parcel with an Open Space zone and General Plan land use designation that encompasses the adjacent portion of Encinas Creek. It is south of the Solarmar Homeowners Association and within the South Beach neighborhood. Discretionary Permits 1. Repair and maintenance of city facilities is sometimes exempt from a Coastal Development Permit pursuant to the Coastal Commission's 1978 "Repair, maintenance and utility hook-up exclusions from permit requirements" guidelines, which are available at, ( https :// docu m ents.coa sta I .ca .gov/ assets/lega I/ excl usions-1978. pdf), and Municipal Code Section 21.201.070. However, based on the guidelines and the city's code, staff believes the proposed replacement project will require a CDP issued by the Planning Commission for the following reasons: Community Development Department Planning Division 1635 Farad~y Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax a. Pursuant to CMC Section 21.201.070, "any repair or maintenance to facilities or structures or work located ... within 20 feet of coastal waters or streams" that includes the presence of mechanized equipment or construction materials and placement of materials such as rip-rap require a Coastal Development Permit. A staff report involving the extension of culverts on the Coastal Commission's website gives some insight as to what a "coastal stream" could be: "No wetland plants or soils indicators are present at these culverts and these areas are not Coastal Act wetlands, but as they are ephemeral drainage courses that convey water during and after storm events, they do qualify as coastal streams under Coastal Act Section 30231." The report is available at https://documents.coastal.ca .gov/reports/2012/8/FSa-8-2012.pdf; see page 7. b. Section I of the guidelines indicates a CDP is not required for repair or maintenance activities that do not add to, enlarge, or expand the subject facility. However, the proposal would install facilities that currently do not exist and in locations where they currently do not exist. These facilities include a new pipe under Carlsbad Boulevard, a new pipe extending east of the road and beyond the existing pipe, and a new storm drain headwall and dissipater at the end of the new pipe. c. Installation of minor drainage facilities for preservation of the roadway or adjacent properties is exempt from a CDP, but not if it involves fill or excavation outside the roadway prism (see Section II.A. of the Guidelines). The new pipe east of the boulevard would be installed via excavation of a new trench. d. The project has a valuation of at least $60,000, which means it is not eligible for a minor (staff-approved) CDP based on CMC 21.201.080 C. 2. The site is not located within or adjacent to a Habitat Management Plan boundary, and the project would disturb only ornamental vegetation, according to a March 3, 2021, Biological Resources Summary Letter prepared by LSA. Therefore, an HMP permit will not be required, unless there is a disturbance of environmental resources such as impacts to wildlife or native vegetation. The city's Habitat Management Plan is available at https:ljwww.carlsbadca.gov/civicax/filebank/blobdload.aspx?BloblD-27193 3. It appears the project would be constructed on a gradient of at least 15 percent and a height of more than 15-feet. While these are thresholds that can trigger a requirement for a Hillside Development Permit, the project is exempt from an HDP according to CMC Section 21.95.040 A.3, the development (trenching, utility construction and backfilling) of underground utility systems. However, based on Section 21.95.040 B., the project must still comply with Section 21.95.140 and the city's hillside development guidelines. Environmental Review and Studies 1. The project proposes repair of an existing deteriorated or damaged public structure to meet current standards of public health and safety and involves negligible expansion of the existing use. Therefore, this project qualifies for a categorical exemption per CEQA guidelines Section 15301 (d)-"Existing Facilities" and none of the exceptions described in CEQA guidelines Section 15300.2 apply to this project. This exemption is only applicable if there are no significant impacts to environmental resources such as vegetation or wildlife. ------------·····--···-· 2. The Biological Resources Summary Letter notes the gnatcatcher has a moderate potential to occur near the project. If construction is contemplated during the bird breeding season (generally March to September), please consultant a biologist for any necessary construction restrictions. All necessary application forms and submittal requirements are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at http://www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Christina Bustamante, at ext. 4644. CB:mf c: Don Neu, City Planner Scott Donnell, Senior Planner Christina Bustamante, Associate Planner Tim Carroll, Senior Engineer HPRM/File Copy Data Entry