CT 2024-0007/SDP 2024-0021/CDP 2024-0035 (DEV2024-0004)– Rincon CVD

2026071202

City of Carlsbad

NOE - Notice of Exemption

7/30/2026

7/30/2026

EDWARD VALENZUELA

CITY OF CARLSBAD PLANNING DIVISION

SENIOR PLANNER

Lead/Public Agency

1635 FARADAY AVENUE
CARLSBAD, CA 92008

(442) 339-2624

edward.valenzuela@carlsbadca.gov

JONATHAN FRANKEL

RINCON HOMES

APPLICANT

Project Applicant

5315 AVENIDA ENCINAS SUITE 200
CARLSBAD, CA 92008

(925) 708-3638

JFRANKEL@RINCONGRP.COM

840 Carlsbad Village Drive

Categorical Exemption

Categorical Exemption: Class 32, Section 15332 (In-Fill Development Projects)

The project is consistent with the general plan as well as the zoning ordinance in terms of land use, density, and development standards. The land use regulations are set by the Village and Barrio Master Plan district, allowing density up to 35 units per acre and mixed-use. The project is within the city limits, is less than five acres in size, and is surrounded on all four sides by urban uses including a church, a dental office, office buildings, single-family residences, and commercial buildings. Because the site contains only non-native and ornamental vegetation, the site has no value as habitat for endangered, rare, or threatened species. Approval of the project would not result in any significant effects relating to traffic (as verified by the Vehicle Miles Traveled Analysis prepared by LOS Engineering, Inc, dated September 10, 2025, Exhibit 1 ), noise (as verified by the Noise Study by Birdseye Planning Group dated May, 2025, Exhibit 2 ), air quality (as verified by the Air Quality/Greenhouse Gas Study by Birdseye Planning Group dated May 2025, Exhibit 3 ), or water quality. Finally, the site can be adequately served by all required utilities and public services. In accordance with the Carlsbad Municipal Code, the Project would pay the required Public Facility Fee and water and sewer connection fees to help offset the Project’s cumulative impact and help fund the public infrastructure and services necessary to accommodate growth. 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.” Response – The location exception is not applicable to Class 32 Exemptions for In-Fill Development Projects. 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 to conclude that significant impacts will occur based on past project approvals or that the proposed Project's impacts are cumulatively considerable when evaluating any cumulative impacts associated with construction air quality, noise, transportation, or water quality in the area surrounding the proposed Project. Accordingly, the Project’s incremental impacts, when considered together with the impacts of the related projects, would not result in a cumulatively considerable contribution to a significant cumulative impact. The Project, and all future projects, will be required to comply with all applicable local, regional, and state laws, regulations, and guidelines, and as described above, any potential impact cause by the Project’s construction and operation would continue to be less than significant and would not contribute significantly to regional cumulative impact in the broader project region. 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.” 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 not located within an existing or proposed Hardline Conservation Areas or Standards Areas of the Habitat Management Plan. 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 – Carlsbad Village Drive is not considered a historical 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 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 – The Project site is not identified on the Department of Toxic Substance Control geoportal map as a Cleanup, Hazardous Waste, or Inspection site. Furthermore, there is no indication that the site has had any previous uses associated with hazardous materials, such as dry-cleaning or gas station. 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 existing commercial structure on the property, an approximately 5,515-square-foot, one-story former bank building and drive-through, was constructed in 1979. As the structure is less than 50 years old, the structure is not listed or eligible to be listed in any national, state, or local landmark or historic district programs, nor is it eligible for listing in the Local Register. As such, development of the Project would not cause a substantial adverse change in the significance of a historical resource, and this exception does not apply. The property is not known to have any other special circumstances that would make the property a historic resource. Carlsbad Municipal Code Section 19.04.070(C) - 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; Ord. CS-485, 2/4/2025) Response – The Project site is located in a developed part of the city and is surrounded by commercial and residential uses. The Project site contains an existing building, drive-through, parking lot and landscaping, and contains only 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. The existing commercial structure on the property, an approximately 5,515-square-foot, one-story former bank building, was constructed in 1979. As the structure is less than 50 years old, the structure is not listed or eligible to be listed in any national, state, or local landmark or historic district programs. As such, development of the Project would not cause a substantial adverse change in the significance of a historical resource. Furthermore, based on the amount of grading proposed (1,920 cubic yards of cut, 45 cubic yards of fill, and 3,500 cubic yards of remedial grading) with the project, the likelihood that intact archaeological or cultural resources exist on the Project site is low due to previous site disturbance. Nonetheless, the Project will be conditioned to require archaeological monitoring of ground-disturbing activities during Project construction in compliance with standard City regulatory procedures outlined in the Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (City of Carlsbad 2017). Therefore, earth-moving activities associated with the Project would not affect archaeological or cultural resources from either historic or prehistoric periods. Hazardous materials, unstable soils or other factors requiring special review do not apply or are not found within this project location.