HMP 2024-0005 (DEV2021-0259) – BOLERO RESIDENCE

2024110949

City of Carlsbad

NOE - Notice of Exemption

11/26/2024

11/26/2024

LAUREN YZAGUIRRE

CITY OF CARLSBAD PLANNING DIVISION

ASSOCIATE PLANNER

Lead/Public Agency

1635 FARADAY AVE
Carlsbad, CA 92008

(442) 339-2634

Lauren.Yzaguirre@carlsbadca.gov

7335 Bolero Street (APN 215-493-14-00)

Categorical Exemption

Section 15303(a): New construction or conversion of small structures.

Categorical Exemption: Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of a single-family residence, or a second dwelling unit in a residential zone. The project consists of a single-family residence and accessory dwelling unit in a residential zone. Exceptions to Exemptions CEQA Section 15300.2 – Exceptions Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these exceptions apply as explained below: 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. This project is eligible for the Class 3 exemption. Response – The project location is not considered to be a particularly sensitive environment due to the following reasons: The site is located outside of the coastal zone and outside of an Existing or Proposed Hardline Conservation Area or Standards Area of the Habitat Management Plan. Impacts to habitat will be consistent with the provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad, the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, and the Terms and Conditions of the Incidental Take Permit. Therefore, the project impacts remain insignificant. b. Cumulative Impact - “All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.” Response – While several other single family dwelling projects have been approved on Bolero Street, this current Project along with the other residences in the vicinity were considered during the approval of the subdivision map 8302, Carlsbad Tract No. 75-4 La Costa Estates North and the La Costa Land Company Specific Plan and La Costa Master Plan (SP 169/ MP 149). The lot along with the surrounding lots were designated for single family residential uses at the time of approval of the CT. In addition, the habitat removal required for the Project along with similar projects for single family residence outside of the coastal zone are consistent with the general plan through the payment of in-lieu fees which assist in conserving a full range of vegetation types remaining in the city, with a focus on rare and sensitive habitats. c. Significant Effect - “A categorical exemption shall not be used for any activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Examples include projects, which may affect scenic or historical resources.” Response – There are no unusual circumstances that would have a significant impact on the environment due to the project. The Project does not involve any unusual circumstances. In regard to biological resources, the project is located outside of an existing or proposed Hardline Conservation Areas or Standards Areas of the Habitat Management Plan. The conditions of approval for the project will reduce impacts to migratory birds, include payment of all applicable Habitat Mitigation In-Lieu fees, and require ongoing compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad, the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit. d. Scenic Highway - “A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.” Response – Bolero Street is not considered a historical and scenic corridor throughout Carlsbad, is not a highway officially designated as a State Scenic Highway, nor is it visible from a Carlsbad historical or scenic corridor or State Scenic Highway. The project site is also surrounded on all sides by existing residential structures. Therefore, implementation of the Project will result in similar visual conditions compared with a no project scenario. e. Hazardous Waste Site - “A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.” Response – A review of available records did not identify any sites which are included on any list compiled pursuant to Section 65962.4 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.” Response – The lot is vacant and therefore no historical resources are proposed to be demolished. Carlsbad Municipal Code Section 19.04.070(B) - Exceptions Exceptions. Even though a project may otherwise be eligible for an exemption, no exemption shall apply in the following circumstances: 1. Grading and clearing activities affecting sensitive plant or animal habitats, which disturb, fragment or remove such areas as defined by either the California Endangered Species Act (Fish and Game Code Sections 2050 et seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.); sensitive, rare, candidate species of special concern; endangered or threatened biological species or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or archaeological or cultural resources from either historic or prehistoric periods; Or 2. Parcel maps, plot plans and all discretionary development projects otherwise exempt but which affect sensitive, threatened, or endangered biological species or their habitat (as defined above), archaeological or cultural resources from either historic or prehistoric periods, wetlands, stream courses designated on U.S. Geological Survey maps, hazardous materials, unstable soils, or other factors requiring special review, on all or a portion of the site. (Ord. NS-593, 2001) Response – The Project would result in permanent impacts to the following vegetation community: Diegan Coastal Sage Scrub (0.43 acres), Non-Native Grassland (1.02 acres), Eucalyptus Woodland (0.23 acres), and disturbed habitat (0.09 acres). Disturbed Habitat and Non-native Vegetation are generally of no biological resource value. Eucalyptus Woodland is considered to have limited habitat value. While some small native coastal sage shrub species found onsite Overall, the Diegan coastal sage scrub shrub cover is sparse and likely regenerating from historical disturbances (i.e., mowing). The coastal sage scrub is low quality (i.e., sparse and notably smaller than what is typically used by the gnatcatcher). Therefore, the isolated small shrubs are not considered a sensitive vegetation community or habitat for the California gnatcatcher. No other plant or animal species would be impacted. No waters of the State or waters of the US would be impacted. The conditions of approval for the project will include payment of all applicable Habitat Mitigation In-Lieu fees. Approval of this application will allow the project to comply with the provisions of the Habitat Management Plan. Undertaking will result in no effect to historical resources or tribal cultural resources. Hazardous materials, unstable soils or other factors requiring special review do not apply or are not found within this project location.