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HomeMy WebLinkAboutLCPA 94-01; Development Agreements ZCA/LCPA; Local Coastal Program Amendment (LCPA) (9)NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Citywide, City of Carlsbad PROJECT DESCRIPTION: A Zone Code Amendment to mow the Development Agreements chapter of the code to make it applicable to any project for which a development agreement is proposed. The chapter can presently only be utilized by projects providing housing for persons of low to moderate income. Other related modifications are proposed to the chapter. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning. Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Don Neu in the Planning Department at (619) 438-1161, extension 4446. DATED: MAY 16, 1994 r CASE NO: ZCA 94-01/LCPA 94-01 Planning Director MICHAEL J. H~LZM~LLER CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT PUBLISH DATE: MAY 16,1994 DN:vd 2075 Las Palmas Drive - Carlsbad, California 92009-1576 (619) 438-1 161 @ ENVIRONMENTAL WACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 94-01/LCPA 94-01 DATE: May 9. 1994 BACKGROUND 1. CASE NAME: DeveloDment Ameements Zone Code Amendment 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Pdmas Drive Carlsbad. CA 92009 (619) 438-1161. ext. 4446 4. DATE EIA FORM PART 1 SUBMITTED: N/A 5. PROJECT DESCRIPTION: A Zone Code Amendment to modify the DeveloDment Anreements chaDter of the code to make it aDDlicable to any Droiect for which a develoDment am-eement is DrODOSed. The chaDter can mesentlv onlv be utilized by projects providing housing to persons of low to moderate income. Other related modifications are DroDosed to the chaDter. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a simificant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insimificant. These findings are shown in the checklist under the headings YES-sig" and 'WS-insig" respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. PHYSICAL m0"T WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? Appreciably change the topography or any unique physical features? Result in or be affected by erosion of soils either on or off the site? Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Result in substantial adverse effects on ambient air quality? Result in substantial changes in air movement, odor, moisture, or temperature? Substantially change the course or flow of water (marine, fresh or flood waters)? Affect the quantity or quality of surface water, ground water or public water supply? Substantially increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? Alter a significant archeological, paleontological or historical site, structure or object? YES (insig) NO - X X - X - X - X - , -2- - BIOLOGICAL ENVIR0"T WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (si& 12. 13. 14. 15. 16. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? "ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? YES YES NO (insig) X - X - X - X - X - YES NO (sig) (insig) X - X - -3- "ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES NO (insig) 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? . X X X - - - Increase existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? X Substantially alter the density of the human population of an area? X X X Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? X Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? X X Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? X Interfere with emergency response plans or emergency evacuation plans? X Obstruct any scenic vista or create an aesthetically offensive public view? X Affect the quality or quantity of existing recreational opportunities? X - -4- MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) . 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES YES NO big) (insig) X - X - -5- DISCUSSION OF ENVIRONMENTAL EVALUATION A development agreement is a contract between a developer and the city under which the city agrees that a development project can proceed under the policies, rules and regulations in effect at the time the development agreement was entered into. In this way, a developer is able to obtain protection against a subsequently enacted amendment to the general plan, zoning ordinance, or other land-use regulation, whether enacted by the legislative body or by the voters through an initiative. California Government Code Section 65865 allows local governments to enter into an agreement with any person having a legal or equitable interest in real property for the development of the property. It also requires local governments upon the request of an applicant to establish procedures and requirements for the consideration of development agreements upon the filing of an application. Chapter 21.70 of the Carlsbad Municipal Code presently contains provisions for development agreements. This project is not a specific development, but rather an amendment to an existing chapter of the zoning ordinance. The proposed zone code amendment makes the existing zone code chapter applicable to any project for which a development agreement is proposed. The chapter can presently only be utilized by projects providing housing for persons of low to moderate income. It also removes the reference to projects providing housing for persons of low to moderate income and replaces it with requirements for projects purporting to provide economic benefits to the city. An additional finding is also proposed. The hal revision is the addition of a requirement that development agreements will not become effective for projects in the coastal zone until the project has received California Coastal Commission approval. The zone code amendment also serves as a text amendment to the Local Coastal Program. Physical Environment 1 - 4. No development project is proposed at this time. Therefore, no physical alteration of a site will occur as part of this zone code amendment. 5 - 6. No impacts will occur to air quality, movement, odor, moisture, or temperature as no site- specific development is proposed as part of this zone code amendment. 7 - 8. Impacts to the course or flow of water as well as the quantity or quality of surface water, ground water or public water supply will not be created by this zone code amendment since no site-specific development is proposed. , 9 - 10. This zone code amendment will not deplete any natural resources or result in the usage of substantial amounts of fuel or energy as no physical, site-specific development is proposed. 11. Since this zone code amendment does not include alteration of a specific property no impact to an archeological, paleontological or historical site, structure or object will occur. Biological Environment 12 - 16. No development or site-specific alteration is proposed as part of this zone code amendment, therefore. no impacts to the diversity of plant or animal species, habitat, agricultural areas, or, farmlands are anticipated. -6- Human Environment 17. 18 - 19. 20 - 24. 25 - 30. 31. 32. 33- 36. No site-specific development is proposed as part of this zone code amendment. The amendment will not directly affect the planned land use of an area. It will however, allow for the use of a development agreement which will provide a greater level of assurance to developers that requirements for an approved project will not change. This will increase the likelihood of a project being constructed. The amendment to the development agreements chapter of the zoning ordinance is not part of a site-specific development. It will not substantially affect public utilities, schools, police, fire, emergency or other public services. In addition, it will not result in the need for new or modified sewer systems, solid waste, or hazardous waste control systems. Projects for which a development agreement are proposed will still be required to comply with the city's growth management program performance standards for public facilities. An increase to existing noise levels, the creation of new sources of light or glare, the potential for a hazardous materials impact, alteration of the population density of an area, or the creation of a demand for additional housing will not be created by the proposed zone code amendment. No site- specific development project is proposed. The amendment is to an existing chapter of the zoning ordinance. The proposed amendment will not generate substantial additional traffic, affect parking, or alter the existing transportation systems. This proposed zone code amendment is not a site-specific development project and as such will not increase traffic hazards to motorists, bicyclists, or pedestrians and will not interfere with emergency response plans. In that no specific development is proposed, no scenic vistas will be obstructed and aesthically offensive views will not be created by the approval of the zone code amendment. The quality or quantity of existing recreational opportunities will not be affected by the proposed zone code amendment. Since this project does not propose any site specific development, and as indicated above, does not effect geological, biological, human, or cultural resources, neither long tern or cumulative, no significant environmental impacts will result from this project. -7- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed project, and g) no project alternative. Project alternatives are required when there is evidence that the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources Code Section 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A "significant effect" is defined as one which has a substantial adverse impact. If the project has "NO" significant impacts than there is no substantial adverse impact and no justification for requiring a discussion of alternatives, (There is no alternative to no substantial adverse impact). This project has no significant impacts therefore no alternatives are required. -8- DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. $7 Date Signature a' J Planning Direct& LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -9- APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature DN:vd -1 0-