GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/AMEND 2023-0010/LCPA 2022-0015 – Coastal Commission Suggested Modifications to the Housing Element Rezone Program

2025120146

City of Carlsbad

NOE - Notice of Exemption

12/4/2025

12/4/2025

City of Carlsbad Planning Division

City of Carlsbad

APPLICANT

Project Applicant

1635 Faraday Ave
Carlsbad, CA 92008

(442) 339-2600

planning@carlsbadca.gov

SCOTT DONNELL

CITY OF CARLSBAD PLANNING DIVISION

SENIOR PLANNER

Lead/Public Agency

1635 FARADAY AVENUE
CARLSBAD, CA 92008

(442) 339-2618

scott.donnell@carlsbadca.gov

CITYWIDE

Other

COMMON SENSE EXEMPTION (Section 15061(b)(3))

The project is statutorily exempt from environmental review pursuant to CEQA Guidelines Section 15265, which states that 1) CEQA does not apply to the city’s activities and approvals necessary for the preparation and adoption of a local coastal program, and 2) the burden of CEQA compliance is shifted from the city to the Coastal Commission for certification of a local coastal program; it is also exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines since there would be no possibility that the project’s minor map corrections would significantly effect the environment. Exceptions to Exemptions Carlsbad Municipal Code Section 19.04.070 C - Exceptions Planning staff evaluated the potential exceptions to the use of a statutory exemption and common sense exemption for the proposed project in accordance with Carlsbad Municipal Code Section 19.4.070 C and determined that none apply as explained below: Municipal Code Section 19.94.070 C states that even though a project may otherwise be eligible for an exemption, no exemption shall apply in the following two circumstances. As explained in the response below, planning staff determined that neither exception applies. 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. Response – The project involves no grading or clearing activities and is not a parcel map, plot plan, or discretionary development project. Therefore, the project will not affect biological resources, archaeological or cultural resources, hazardous materials or any other factor requiring special review.

Statutory Exemption

STATE CODE NUMBER 15265

The project is statutorily exempt from environmental review pursuant to CEQA Guidelines Section 15265, which states that 1) CEQA does not apply to the city’s activities and approvals necessary for the preparation and adoption of a local coastal program, and 2) the burden of CEQA compliance is shifted from the city to the Coastal Commission for certification of a local coastal program; it is also exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines since there would be no possibility that the project’s minor map corrections would significantly effect the environment. Exceptions to Exemptions Carlsbad Municipal Code Section 19.04.070 C - Exceptions Planning staff evaluated the potential exceptions to the use of a statutory exemption and common sense exemption for the proposed project in accordance with Carlsbad Municipal Code Section 19.4.070 C and determined that none apply as explained below: Municipal Code Section 19.94.070 C states that even though a project may otherwise be eligible for an exemption, no exemption shall apply in the following two circumstances. As explained in the response below, planning staff determined that neither exception applies. 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. Response – The project involves no grading or clearing activities and is not a parcel map, plot plan, or discretionary development project. Therefore, the project will not affect biological resources, archaeological or cultural resources, hazardous materials or any other factor requiring special review.