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HomeMy WebLinkAbout1988-09-21; Planning Commission; Resolution 27588 1 2 3 4 5 6 7 8 9 10 11 12 93 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 2758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE MAP/PLANNED UNIT DEVELOPMENT TO DEVELOP A 27 LOT/26 DWELLING UNIT TOWNHOUSE SUBDIVISION LOCATED ALONG THE SOUTH SIDE OF PARK DRIVE, 500 FEET EAST OF MARINA DRIVE. APPLICANT: L & R PARTNERSHIP CASE NO.: CT 88-1/PUD 88-1 WHEREAS, the Planning Commission did on the 20th day of July, 1988, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Mitigated Negative Declaration according to Exhibit llND1l dated June 10, 1988, and IIPII1l, dated May 17, 1988, attached hereto and made a part hereof, based on the following findings: Findinqs: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment provided that the mitigating conditions of approval are complied with. 2. The site has been previously graded pursuant to an earlier 3. The streets are adequate in size to handle traffic environmental analysis. generated by the proposed project. I I I ? 1 2 3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 17 19 l8 ~ 20 21 22 23 24 25 26 27 28 11 0 0 4. There are sensitive resources (Agua Hedionda Lagoon) in close proximity to the project, impacts to which can be mitigatedthrough compliance with the following conditions: a. The negative declaration is approved subject to the condition that the identified 100 foot wide wetlands buffer area (identified as Lot 27 on Exhibit “Att) which has been dedicated to the State on June 20, 1984, be maintained as open space. Maintenance of the buffer area shall be the responsibility of the Homeownerst Association. Any landscaping or other minor improvements within the buffer area shall be subject to the approval of the State Department of Fish and Game. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of September, 1988, by the following vote, to wit: AYES : Chairperson McFadden, Commissioners: Marcus, Hall, Schlehuber, Schramm, Erwin and Holmes. NOES : None. ABSENT : None. ABSTAIN: None. _- - .1__ /&. 0, .n ... 1 :.<~, . ~~~ 4 ‘...“c? 9’< -3 , e-*& *,# d <ITT -74 v ~”””=.-~ A& ”.“ . 4.L d4; v,‘.:.$...-p/ ATTEST : I JEANNE MCFADDEN, Chairperson CARLSBAD PLANNING COMMISSION , ~ PLANNING DIRECTOR ~ i I ~ PC RES0 NO. 2758 -2- r 0 0 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 Mitg Df Marlshall PUNNING DEPARTMENT NEGATIVE DECLARATION TELEPHONE (619) 438-1161 PROJECT ADDRESS/LOCATION: The project site is located along the southerly side of Park Drive, 500 feet east of Marina Drive in the Planned Community zone. PROJECT DESCRIPTION: A tentative tract map and planned unit development to allow 26 townhouse units, an open space buffer and a private recreation area over a 6.3 acre site. 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 mitigated 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 ten (10) days of date of issuance. UA'I'ELI: June I( - - "- - ~ 0, 1988 p<<: :,& . / ' li I j, ~ % . - --- MICHAEL J. HOLZMILLER~ ; CASE NO: CT 88-1/PUD 88-1 Planning Director APPLICANT: -L & R Partnership PUBLISH DATE: June 10, 1988 CDD: af t a 0 lail to: State Clearinghouse, 1400 lenth Street, Rm. 121, Sacramento, CA 95814 -- 916/445-0613 I I NOTICE OF COWPLETION AND ENVIRONMENTAL DOCUHENT FORM I See NOTE Below: I I SCH # I I I I. Project Title L & R Partnership ?. Lead Agency: City of Carlsbad 3. Contact Person: Chris DeCerbo a. Street Address: 2075 Las Palmas Dr. 3b. City: Carlsbad c. County: San Dieso 3d. Zip: 92009-4859 3e. Phone: (619) 438-1161 'ROJECT LOCATION 4. County: San Dieqo 4a. City/Community: Carlsbad .b.(optional) Assessor's Parcel No. 207-101-21 4c. Section: Tup. Range For Rural, ia. Cross Streets: Park Drive/Neblina Drive 5b. nearest Community: ). Uithin 2 miles of: a. State Hwy No. 1-5 b. Airports c. Waterways Agua Hedionda Lagoon '. DOCUMENT TYPE 8. LOCAL ACTION TYPE 10. DEVELOPMENT TYPE - EQA 01 - General Plan Update 01 - Residential: Units - Acres 1- NOP 02 - New Element 02 - Office: Sq. Ft. 2 - Early Cons 03 - General Plan Amendment Acres Employees 3 X Neg Dec 04 - Master Plan 03 - Shopping/Commercial: Sq.Ft. 5 - Supplement/ 06 - Specific Plan 04 - Industrial: Sq. Ft. 4- Draft EIR 05 - Annexation Acres Emp 1 oyees Subsequent EIR if so, prior SCH # 07 - Redevelopment Acres Employees 1 08 - Rezone 05 - Sewer: MGD Ea 09 & Land Division 06 - Uater: MGD 6- Notice of Intent Tract Map, etc.) 07 - Transportation: Type 7- Envir. Assessment/ 10 - Use Permit 08 -Mineral Extraction: Mineral 8". Draft EIS 11 - Cancel Ag Preserve 09 - - 12 - 0- Final Document 9 TOTAL ACRES: 6.3 1- Other: (Subdivision, Parcel Map. FONSI Power Generation: Wattage THER 9 - Information Only 10 - Other: Other Type: 1. PROJECT ISSUES DISCUSSED IN DOCUMENT i X Aesthetic/Visual 08 - Geologic/Seismic 15 - Seuer Capacity 22 - Uater Supply ? Agricultural Land 09 - Jobs/Housing Balance 16 X Soil Erosion 23 X Uetland/Riparian 3 - Air Quality i - Archaeological/Historical 11 - Noise 18 - Toxic/Hazardous 25 - Growth Inducing - 10 - Minerals 17 - Solid Waste 24 - Wildlife 5- Coastal 12 - Pub1 i c Servi ces 19 - Traffic/Circulation 26 - Incompatible Landuse 5- Fire Hazard 13 - Schools 20 - Vegetation 27 - Cumulative Effects 7- Flooding/Drainage 14 - Septic Systems 21 - Water Quality 28 - Other 2 FUNDING (approx.) Federal S State S Total S 3 PRESENT LAND USE AND ZONING: RMH (11.5 du/acre) General Plan - PC (Planned Community) Zoning i PROJECT DESCRIPTION: The project entails the subdivision of a 6.3 acre property into 29 lots for the development F 26 townhouse units, a private recreation 1 cut de sac and a public street. 5. SIGNATURE OF LEAD AGENCY REPRESENTATIVE: Date: 6/7/88 JTE: Clearinghouse will assign identification numbers for all new projects If a SCH Number already exists for a project (e.9. from a Notice of Preparation or previous draft document) please fill it in. e -AGENCIES a - Asency AirPBoard Conservation Fish and Game X coastdl carrrmission caltrans District caltrans - Planning Caltrans - Aeronautics CTRPA (GilTRPA) TRJ?A (Tahoe RPA) Bay Consewation & &v't c~mm Parks and Recration Office of Historic -tion Native American Heritage Camm State Lands ccamn public utilities ccmun California Highway patrol Boating and Waterways Forestry State Water Resomes control Board - Hadm Regional Water Quality control Board, Region Division of Water Rights (SWRCB) Division of Water Quality (SWRCB) Department of Water - Reclamation Board Solid Waste Management Board Colorado River Board -" Food and Agriculture Health -ices Statewide Health Planning (hospitals) Hausing and coarmnurity Dev't corrections General sewices Office of LrxdL Assistance public works Board Off ice of -mpriate Tech. (Om) Local "t unit (om) santa Monica Mountains Co- other FOR SCH USE ONLY Date Received at SCFI catalog Number Date Review Starts proponent Date to Agencies consultant Date to sa Contact phone Clearance Date Address Notes: 0 a ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPETED BY THE PLANNING DEPARTMENT) CASE NO. CT 88-1/PUD 88-1 DATE : 5/17/88 I. BACKGROUND 1. APPLICANT : L & R PartnershiD 2. ADDRESS AND PHONE NUMBER OF APPLICANT: 325 Elm Avenue, Ste D-1 Carlsbad, CA 92008 3. DATE CHECK LIST SUBMITTED: March 11. 1988 TI. ENVIRONMENTAL IMPACTS (Explanations of all Affirmative Answers are to be written under Section I11 - Discussion of Environmental Evaluation) 1. Earth - Will the proposal have significant results in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? YES MAY BE - NO X X c. Change in topography or ground surface relief features? d. The destruction, covering of modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel or a river or stream or the bed of the ocean or any bay, inlet or lake? X X X X 0 2. & - Will the proposal have significant results in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 3. Water - Will the proposal have significant results in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patters, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? -2- 0 - YES MAYBE - NO X X X X X X X X X X X a 0 4. Plant Life - Will the proposal have significant results in: - YES a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? 5. Animal Life - Will the proposal have significant results in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. Noise - Will the proposal significantly increase existing noise levels? 7. Licrht and Glare - Will the proposal sig- nificantly produce new light or glare? 8. Land Use - Will the proposal have significant results in the alteration of the present or planned land use of an area? -3- MAY BE - NO X X X X X X X X X X m 0 9. Natural Resources - Will the proposal have significant results in: a. Increase in the rate of use of any natural resources? b. Depletion of any nonrenewable natural resource? 10. Risk of Uwet - Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. Pomlation - Will the proposal signif- icantly alter the location, distribu- tion, density, or growth rate of the human population of an area? 12. Housinq - Will the proposal signif- icantly affect existing housing, or create a demand for additional housing? 13. TransDortation/Circulation - Will the proposal have significant results in: a. Generation of additional vehicular movement? b. Effects on existing parking facili- ties, or demand for new parking? - YES MAYBE NO - X X X X X X X c. Impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and/or goods? X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X -4- 0 0 YES - 14. Public Services - Will the proposal have a significant effect upon, or have signif- icant results in the need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Enerqy - Will the proposal have significant results in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities - Will the proposal have significant results in the need for new systems, or alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health - Will the proposal have significant results in the creation of any health hazard or potential health hazard (excluding mental health)? -5- MAY BE - NO X X X X X X X X X X X X X X X a 0 - YES MAYBE - NO 18. Aesthetics - Will the proposal have significant results in the obstruction of any scenic vista or view open to the public, or will the proposal result in creation of an aesthetically offensive public view? X 19. Recreation - Will the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? X 20. Archeoloaical/Historical - Will the proposal have significant results in the alteration of a significant archeological or historical site, structure, object or building? X 21. Analyze viable alternatives to the DroDosed Droiect 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) alter- nate sites for the proposed, and g) no project alternative. a) The proposal will include only 26 dwelling units, all of which will be developed as a single phase. b) This project has been designed to comply with the design recommendations of the Agua Hedionda LCP. In accordance, no alternatives are recommended. c) This project is proposed at 4.12 du/acre, whereas the zoning would allow up to 11.5 du/acre. d) Any change of land use upon the subject property (if commercial, non-residential) would necessitate a General Plan Amendment. e) Since all public facilities and services are available to support the proposed project, development at some future time wQuld not be regarded as a preferred alternative. f ) N/A g) The "no project'l alternative would maintain the subject property in its previously graded yet undeveloped state. However, the property would some day be developed in view of the properties designation for residential development (RMH 11.5 du/acre) . -6- 0 0 YES - MAY BE - NO 22. Mandatow findinqs of siqnificance - a. Does the project have the potential to degrade the quality of the environment, or curtail the diversity in the environment? X b. 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.) X c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X I. DISCUSSION OF ENVIRONMENTAL EVALUATION This project would entail the subdivision of the subject previously graded (filled) property into 29 lots for the development of 26 townhouse units, a private recreation lot, an open space buffer (two acres) a private cul-de-sac and a public street. For this environmental analysis, staff conducted two field trips to the subject property. Sensitive resources upon or in close proximity to the property include Agua Hedionda Lagoon and its wetlands. Potential environmental impacts from the development of the pro j ect include : (1) Siltation of Agua Hedionda Lagoon, (2) Impacts of the proposed project on the wetland environment of Agua Hedionda Lagoon: and -7- a e ISCUSSION OF ENVIRONMENTAL EVALUATION (Continued) (3) Visual impacts associated with the blockage of Lagoon views from Park drive Siltation impacts will be mitigated in that all project drainage will flow into an existing desiltation basin located along the eastern side of the property. Potential project impacts to Agua Hedionda Lagoon wetland habitat will be mitigated through the deeding over to the Department of Fish and Game a 100' buffer along the projects southern and eastern sides. This buffer area will be maintained in open space thereby providing a buffer between development and wildlife habitat. Security fences will also be constructed to prevent intrusion into the wildlife habitat. Visual impacts of development with regard to blockage of Lagoon views from Park Drive will be mitigated through the inclusion of: (a) A 100' view corridor/lagoon wildlife buffer along the eastern side of the property and, (b) The development of a public street (Laguna Shores Place) which would extend along the western side of the property between Park Drive and the southern terminus (lagoon side) of the project. Both of these open areas will provide view corridors from Park Drive to the Lagoon. -8- 1 0 e 7. DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. - X 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, June 6. 1988 -. Date Sig3iature Qj 1, I' -, ii , /% ,_ .,=. (. ,/:q 5 / / // ,/;Kc f,' /A i ;Jl i -~ ,( - .- Date/ (.. . ._ . Planning Director(- :' MITIGATING MEASURES (If Applicable) See SecStW -m. -9- . 0 [ITIGATING MEASURES (Continued) 0 I. 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 -10-