HomeMy WebLinkAbout1989-06-07; Planning Commission; Resolution 2864I! 0 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 2864
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARL CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A ZONING AMENDMENT TO ALLOW BED AND BREAKFAST USES TO CONTAIN NO MORE TEN ATTRACTIVELY DECORATED LODGING ROOMS. APPLICANT: HALE CASE NO.: ZCA 88-10
WHEREAS, the Planning Commission did on the 7th day of June,
a duly noticed pub1 ic hearing as prescribed by law to consider sa
and
WHEREAS, at said public hearing, upon hearing and cons-
testimony and arguments, examining the initial study, analyzing the
submitted by staff, and considering any written comments received, 1
Commission considered all factors relating to the Negative Declar;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning COI
fol 1 ows :
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, t Commission hereby recommends APPROVAL of the Negative according to Exhibit IIND" dated April 19, 1989 and I'PII", dal 1989, attached hereto and made a part hereof, based on th findings:
Findinqs:
1. The initial study shows that there is no substantial eviden zone code amendment may have a significant impact on the en1
2. Site specific proposals will receive environmental review 1 if there will be a significant impact on the environment.
3. Bed and breakfast uses are subject to the approval of a Con( Permit which gives the Planning Commission the authority to dc appropriate number of guest rooms for the use to avoid or n potential impacts for proposed sites.
...
".
...
e e
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19 I
2o I 21
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a regular meeting of tt
Commission of the City of Carlsbad, California, held on the 7th d
1989, by the following vote, to wit:
AYES : Commissioners: Schlehuber, Schramm, Erwin, McFadd Marcus.
NOES : Chairman Hall & Commissioner Holmes.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
I ' ftq g,, ,!I j ,{ //J&&&j\ f fipY ,f 2f
,/-) ./ ,; ;/ ,,! J
-/ i .? @A- i .A, f&'i
fiICHAEL J. @LZbIIk%ER., PLANNING DIRECTOR i-+''z
,, x .
PC RES0 NO. 2864 -2-
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: City of Carlsbad
PROJECT DESCRIPTION: An Amendment to the Zoning Ordinance to modi
definition of bed and breakfast uses to consist of no more than ten guest
from the present maximum of six guest rooms.
The City of Carlsbad has conducted an environmental review of the above des project pursuant to the Guidelines for implementation of the Cali
Environmental Quality Act and the Environmental Protection Ordinance of ti. of Carlsbad. AS a result of said review, a Negative Declaration (decla that the project will not have a significant impact on the environment) is
issued for the subject project. Justification for this action is on file
P1 anning Department.
A copy of the Negative Declaration with supportive documents is on file
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. COI from the public are invited. Please submit comments in writing to the P1
Department within ten (10) days of date of issuance.
DATED: April 19, 1989 4Itd4&&U -\
MICHAEL 3. HOLZMILLEd
CASE NO: ZCA 88-10 P1 ann i ng, Director
APPLICANT: Robert L. & Celeste Hale
PUBLISH DATE: April 19, 1989
DN: af
"-
2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 430
6 0 EKVIRONM NTAL IMPACT ASSESSMENT FORM - PART 11
(TO BE COMPETED BY THE PLANNING DEPARTMENT)
CASE NO. ZCA 88-10
DATE : April 4, 1989
I. BACKGROUND
1. APPLICANT: Robert L. b Celeste Hale
2. ADDRESS AND PHONE NUMBER OF APPLICANT: 320 Walnut Avenue
Carlsbad, CA 92008
(619) 434-5995
3. DATE CHECK LIST SUBMITTED: 4-4-89
11. ENVIRONMENTAL IMPACTS
(Explanations of all Affirmative Answers are to be written
under Section I11 - Discussion of Environmental Evaluation)
YES MAY BE
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?
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?
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-
*
YES MAY BE
0
4. Plant Life - Will the proposal
have significant results in:
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. Lisht 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-
e
YES MAY BE
0 e
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 Upset - 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. Powlation - 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. Transportation/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?
c. Impact upon existing transportation
systems?
d. Alterations to present patterns of circulation or movement of people and/or goods?
YES MAYBE
e. Alterations to waterborne, rail or
air traffic?
f. Increase in traffic hazards to motor vehicles, bicyclists or
pedestrians?
-4-
0
YES MAY BE
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. Enerav - 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-
0 e
YES MAY BE
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? .
19. Recreation - Will the proposal have significant results in the impact upon the quality or quantity of existing
recreational opportunities?
20. Archeoloqical/Historical/Paleontolosical - Will the proposal have significant
results in the alteration of a significant
archeological, paleontological or
historical site, structure, object or
building?
21. Analyze viable alternatives to the DroDosed Project such as
a) Phased development of the project, b) alternate site des c) alternate scale of development, d) alternate uses for th e) development at some future time rather than now, f) alte nate sites for the proposed, and g) no project alternative.
The proposed Zone Code Amendment would modify Section 21.04.0
Zoning Ordinance to increase the maximum number of guest rooms per]
a bed and breakfast use from six to ten. Bed and breakfast
permitted only in the R-3, RD-M, R-T, C-LR, and C-T Zones subjc issuance of a Conditional Use Permit. The requirement for a Condi Permit assures that bed and breakfast uses are sited in areas
compatible with this type of use.
A1 alternative amendment could be to increase the maximum numbel from six to eight or even to reduce the maximum number of guest some number less than six. The alternative of providing for a n
eight guest rooms would not differ significantly from the proposed . to accommodate applications for up to ten guest rooms as a Condit
Permit would still be required. In addition, an alternative of re( number of guest rooms to less than six or the no project alternati, amending the code does not appear desirable as there is present11 bed and breakfast use in the City. That bed and breakfast use i: by the applicant for this amendment and has not caused any
conflicts with neighboring uses.
-6-
e e YES MAY BE 22. Mandatory findinqs of siqnificance -
a. 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.
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.)
c. 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.)
d. Does the project have environmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
-7-
e 0
111. DISCUSSION OF ENVIRONMENTAL EVALUATION
Because bed and breakfast uses are required to obtain appro\
Conditional Use Permit and are provided for in only five zones thc location, and size of these uses is subject to adequate controls t( the creation of land use conflicts. The Conditional Use Permit re(
will assure that applications for new bed and breakfast uses or t
of existing uses will be subject to environmental review. During tl
of site specific projects, staff will be able to evaluate th
priateness of the property for the use, site specific impac suitability of the number of rooms based on the density of develol
site can support, and conformance to all City requirements.
emphasis will be placed on seeing that proposed uses do not im residential character of an area.
t
-8-
IV. DETERMINATION (TO e Be Completed By The Planning 0 Department)
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a significant effe
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a signif effect on the environment, there will not be a significant eff
this case because the mitigation measures described on an att; 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 environment, and an ENVIRONMENTAL IMPACT REPORT is required.
ADril 4, 1989 LL
Date Signature
+/ / 5 /l$'(I /,I[ 11L1 . * \ ~~ . &-. )I\\$( .. iL L; (
' Date Planning'. irec or
+/ / 5 /l$'(I
' Date
/,I[ . * ~~ )I\\$( iL ( 11L1 \ . it". .. L;
Planning'. irec or
v. MITIGATING MEASURES (If Applicable)
-9-
. .. 1- rn MITIGATING MEASURES (Continued) 0
VI. APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MI
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
-10-