HomeMy WebLinkAbout2022-02-16; Planning Commission; ; CDP 2021-0027 (PUB 2021-0007) - CARLSBAD BOULEVARD AT ENCINAS CREEKItem No.
Application complete date: Dec. 8, 2021
P.C. AGENDA OF:Feb. 16, 2022 Project Planner: Christina M. Bustamante
Project Engineer: Tim Carroll
SUBJECT: CDP 2021-0027 (PUB 2021-0007) - CARLSBAD BOULEVARD AT ENCINAS CREEK - Request
for approval of a Coastal Development Permit to replace two existing corrugated metal
pipe storm drains. The project site is located on both sides of the northbound lanes of
Carlsbad Boulevard at the intersection of Encinas Creek and is entirely within the existing
right-of-way. The project is located within the Mello II Segment of the city’s Local Coastal
Program and within Local Facilities Management Zone 22. The project site is within an
area of the city’s local coastal zone that is appealable to 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 15302 (c) restoration
or rehabilitation of deteriorated structures of the state CEQA Guidelines.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7439 APPROVING Coastal
Development Permit (CDP 2021-0027), based on the findings and subject to the conditions contained
therein.
II.PROJECT DESCRIPTION AND BACKGROUND
Project Site/Existing Setting: The project site is within the right-of-way adjacent to parcel (APNs 214-
010-14-00) located on both sides of the northbound lanes of Carlsbad Boulevard at the intersection of
Encinas Creek and is within the existing right-of-way It is currently developed with a storm drain and the
immediate adjacent land is not developed. The project site is bordered by southbound Carlsbad
Boulevard to the west, a residential neighborhood to the north and east, and open space to the south.
The project site is relatively flat and drains to the north and west into a concrete v-gutter and into
Avenida Encinas. The property fronts onto, and takes access from, Avenida Encinas and northbound
Carlsbad Boulevard.
Table “A” below includes the General Plan designations, zoning and current land uses of the project site
and surrounding properties.
4
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TABLE A
Location General Plan Designation Zoning Current Land Use
Site N/A (Right-of-Way) N/A (Right-of-Way) Carlsbad Blvd and Storm
Drain
North Residential 8-15 du/ac (R-15) Residential Mobile
Home Park (RMHP)
Residential Neighborhood
South N/A (Right-of-Way) N/A (Right -of-Way) Right-of-Way Carlsbad Blvd
and Storm Drain
East Open Space (OS) Open Space (OS) Not Developed
West Open Space (OS) Open Space (OS) Not Developed
The project scope of work includes replacement of storm drain structures, including associated trench
work for new storm drainpipe installation and construction of an outfall structure associated with the
eastern storm drain. The site is developed with an existing public road and an existing storm drain. Access
would be provided by Carlsbad Boulevard and Avenida Encinas. During construction equipment would be
restricted to positioning onto previously disturbed areas such as the road and gravel shoulder. Impacts
would be limited to temporary impacts to vegetation such as trimming and trampling, but no root
structures would be damaged, and the vegetation is expected to make a full recovery and grow back.
III. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. General Plan
B. Coastal Development Permit regulations for the Mello II segment of the Local Coastal Plan (LCP)
(Chapter 21.201), and the Coastal Resource Protection Overlay Zone (Chapter 21.203)
The recommendation for approval for this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The following Analysis section discusses compliance with each
of these regulations/policies utilizing both text and tables.
A. General Plan
The project is located entirely within the right-of-way but is adjacent on the east and west to areas that
are designated by the General Plan as Open Space (OS). This designation is for recreation, production of
natural resources, and preservation of natural resource areas such as the adjacent creek. The replacement
storm drain structures are necessary to prevent soil erosion, and pollution from urban runoff that would
result in damage to the natural resources in the creek, surrounding open space and subsequently the
ocean.
Element Standard Project Compliance
Open Space Goal 4-G.3 Protect
environmentally
sensitive lands, wildlife
habitats, and rare,
threatened or
endangered plant and
animal communities.
The repair would be
conducted in a way
that would avoid
impacts to any
environmentally
sensitive resources.
Any impacts that
would occur would be
temporary and limited
Yes
CDP 2021-0027 (PUB 2021-0007) CARLSBAD BOULEVARD AT ENCINAS CREEK
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Page 3
to vegetation
trimming and
trampling immediately
adjacent to the project
site.
Open Space Goal 4-G.14 Promote
the protection of
Carlsbad’s creeks,
lagoons, ocean and
other natural water
bodies from pollution.
The repair would
prevent water flow
from eroding the
surrounding area by
replacing deteriorated
existing facilities.
Yes
Open Space Policy 4-P.33 Seek to
preserve the
environmental
integrity, ecology, and
character of special
resource areas.
The project would use
construction methods
to avoid impacts, if any
were to occur it would
be limited to
temporary vegetation
that would be trimmed
or trampled but the
root structures would
not be harmed, and
the vegetation is
expected to make a full
recovery and grow
back. These methods
would be
implemented to
preserve the natural
integrity, ecology, and
character of the
adjacent creek.
Yes
Local Coastal Program (Mello II Segment) and Coastal Resource Protection Overlay (CMC Chapter
21.203)
The project site is located within the Mello II Segment of the Local Coastal Program, inside the appealable
jurisdiction of the California Coastal Commission. The Coastal Zone Land Use and Zoning are consistent
with the City of Carlsbad General Plan Land Use and Zoning, which allow for recreational uses,
preservation of natural resources, and production of natural resources. The project’s compliance with the
Mello II Segment of the Local Coastal Program as well as the implementing ordinances is discussed below.
1.Mello II Segment of the Local Coastal Program
The project site is entirely within the right-of-way but the adjacent areas to the east and west are
within an LCP Land Use designation of Open Space (OS). The project is consistent with the OS
General Plan Land Use designation as analyzed in Section A above.
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The proposed project is consistent with the relevant policies of the Mello II Segment of the Local
Coastal Program, and the Coastal Program implementing ordinance. The project is consistent with
the surrounding area, which consists of a creek and natural open space.
The project does 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. No agricultural uses currently
exist on the site. The sensitive resources located in the area of the proposed development would
be avoided, and the vegetation that would be trimmed or trampled are expected to make a full
recovery and grow back. The proposed development is not located in an area of known geologic
instability. It is not in area known for flooding identified by FEMA Flood Hazard Zones/Floodways 2019. This project would not negatively impact the creek. Since the site does not have frontage
along the coastline, no public opportunities for coastal shoreline access are available from the
subject site. Furthermore, the site is not designated or suited for water-oriented recreation
activities.
2. Coastal Resource Protection Overlay Zone (Chapter 21.203)
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, and the Jurisdictional Runoff
Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion.
Accordingly, the replacement of the storm drain structures would incorporate design features to
minimize the effects of construction activity. These features include, but not limited to the
appropriate management of equipment and construction materials and run-off control measures.
In addition, the site is relatively flat and does not contain natural steep slopes greater than 25
percent gradient; temporary impacts to vegetation would be limited to trimming and trampling,
root structures would remain intact, no native vegetation will be removed; and the site is not
located in an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
IV. ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”)
adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have
been determined not to have a significant effect on the environment and as a result are exempt from
further environmental review under CEQA. City staff completed a review of the project and potential
environmental impacts associated with the project pursuant to CEQA and concluded that the project
qualified for an exemption pursuant to CEQA Guidelines section 15302 (c) replacement or reconstruction
of existing utility systems and/or facilities involving negligible or no expansion of capacity.
A notice of intended decision regarding the environmental determination was advertised on February 1,
2022 and posted on the city’s website. The notice included a general description of the project, the
proposed environmental findings, and a general explanation of the matter to be considered. The findings
and determination contained in that notice was declared as final on the date of the noticed decision,
unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings,
Notices, and Fees) of the Zoning Ordinance.
During the 10-day public review period, the city received no comment letters from the public regarding
the prospective environmental determination. Since no appeal was filed and no substantial evidence was
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submitted that would support a finding that the exemption requirements would not be satisfied, the
project was determined by the city planner to not have a significant effect on the environment. The CEQA
Determination letter is attached to this staff report as Attachment 4 and demonstrates that the project is
categorically exempt from further environmental review. The city planner’s written decision is final and
the CEQA determination is not within the Planning Commission’s purview. With the appropriate
environmental clearances in place, all of the city’s procedural requirements and relevant aspects of CEQA
have been satisfied.
The CEQA Guidelines 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. CEQA Guidelines Section 15302 (c) is a Class 2 exemption for replacement or reconstruction. This
exemption is for replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity. No exception to the exemption as sets forth in CEQA Guidelines
section 15300.2 applies. The project will not have a significant effect on the environment and all the
requirements of CEQA have been met.
ATTACHMENTS:
1.Planning Commission Resolution No. 7439
2.Location Map
3.Disclosure Form
4.CEQA Determination of Exemption
5.Reduced Exhibits
6.Exhibit(s) “A” – “D” dated Feb. 16, 2022
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ATTACHMENT 2
P-1(A)Page 1 of 2 Revised 07/10
Development Services
Planning Division
1635 Faraday Avenue
(760)602-4610
www.carlsbadca.gov
DISCLOSURE STATEMENT
P-1(A)
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.APPLICANT (Not the applicant’s agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Corp/Part
Title Title
Address Address
2.OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Corp/Part
Title Title
Address Address
Applicant’s statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
ATTACHMENT 3
P-1(A)Page 2 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
Yes No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant’s agent if applicable/date
Print or type name of owner/applicant’s agent
ATTACHMENT 4
PROJECTLOCATIONCARLSBAD BLVD./ENCINAS CREEK CMPREPLACEMENT IMPROVEMENT PLANSPROJECT NO. 6607CITY OF CARLSBADCARLSBAD, CALIFORNIACITY COUNCILMATT HALL - MAYORKEITH BLACKBURN - MAYOR PRO TEMCORI SCHUMACHER - COUNCIL MEMBERPRIYA BHAT-PATEL - COUNCIL MEMBERTERESA ACOSTA - COUNCIL MEMBERSCOTT CHADWICK - CITY MANAGERENCINAS CREEK CMP REPLACEMENT - FINAL SUBMITTAL (10/15/2021)811
ENCINAS CREEK CMP REPLACEMENT - FINAL SUBMITTAL (10/15/2021)811
ENCINAS CREEK CMP REPLACEMENT - FINAL SUBMITTAL (10/15/2021)811
üENCINAS CREEK CMP REPLACEMENT - FINAL SUBMITTAL (10/15/2021)811