CDP 2024-0042 (DEV2024-0105) – 5257 SHORE DR
Summary
SCH Number
2025090484
Public Agency
City of Carlsbad
Document Title
CDP 2024-0042 (DEV2024-0105) – 5257 SHORE DR
Document Type
NOE - Notice of Exemption
Received
Posted
9/10/2025
Document Description
The removal of pavers and replacement with a 388-square-foot wood deck and guardrail at the edge of a 39-foot-tall coastal bluff as well as the installation of an 8 foot x 8 foot concrete slab. An additional 134-square foot deck with a guardrail at the top of the coastal bluff is proposed at the southwest corner of the property. The decks and concrete slab are located to the rear of an existing single-family home located on a west-facing coastal bluff.
Contact Information
Name
SHANNON HARKER
Agency Name
CITY OF CARLSBAD PLANNING DIVISION
Job Title
SENIOR PLANNER
Contact Types
Lead/Public Agency
Phone
Name
CURTIS BULLOCK
Agency Name
APPLICANT
Job Title
APPLICANT
Contact Types
Project Applicant
Phone
Email
Location
Cities
Carlsbad
Counties
San Diego
Regions
Southern California
Parcel #
210-061-05-00
Other Location Info
5257 Shore Drive
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
Section 15303(e), Class 3 – New Construction or Conversion of Small Structures
Reasons for Exemption
Categorical Exemption, Section 15303(e), Class 3 – New Construction or Conversion of Small Structures, exempts the construction of small residential accessory structures. The project consists of the removal of pavers and replacement with a 388-square-foot wood deck and guardrail at the edge of a 39-foot-tall coastal bluff and the construction of an 8 foot x 8 foot concrete slab. An additional 134-square foot deck with a guardrail at the top of the coastal bluff is proposed at the southwest corner of the property. The decks and concrete slab are located to the rear of an existing single-family home located on a west-facing coastal bluff in the One-Family Residential and Open Space (R-1/OS) zones.
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 site is developed with a single-family home on a west-facing coastal bluff which is adjacent to South Carlsbad State Beach. The proposed decks and concrete slab do not project over the bluff and comply with the requisite stringline requirements. In addition, pursuant to the geotechnical report prepared for the project (GeoSoils, Inc., January 2024), although the coastal bluff is susceptible to erosion from marine and subaerial processes, the proposed decks will not further exacerbate bluff erosion or instability. In addition, the site is not located within an Existing or Proposed Hardline Conservation Area or Standards Area of the Habitat Management Plan. Therefore, the project will not have an impact on an environmental resource of hazardous or critical concern.
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 – There is no evidence of successive similar projects in the area that would result in cumulative environmental impacts. The project consists of new decks and an 8 foot x 8 foot-wide concrete slab adjacent to the rear elevation of an existing home located at the top of a west-facing coastal bluff. The project will not contribute to cumulative impacts related to air quality, noise, transportation, or other environmental concerns. Therefore, this exception does not apply.
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 associated with the project or project site that would have a significant impact on the environment due to the project.
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 – Shore Drive is not officially designated as a state scenic highway. Therefore, this exception does not apply.
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 – There is no evidence that the project site contains or is associated with any historical resources. Therefore, this exception does not apply.
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 rear yard of the property contains non-natives and ornamental vegetation with no value as habitat for endangered, rare, or threatened species. Furthermore, the site is not within mapped areas of potential critical habitat as depicted in the City’s General Plan . Additionally, hazardous materials, unstable soils or other factors requiring special review do not apply or are not found within this project location. Therefore, these exceptions do not apply.
County Clerk
San Diego
Attachments
Notice of Exemption
Disclaimer: The Governor’s Office of Land Use and Climate Innovation (LCI) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. For more information, please visit LCI’s Accessibility Site.