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HomeMy WebLinkAbout1992-03-04; Planning Commission; Resolution 3358I I/ 0 e 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3358 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE REGARDING OFFSITE REAL ESTATE SIGNAGE. CASE NAME: OFFSITE REAL ESTATE SIGNAGE CASE NO: ZCA 90-2 WHEREAS, the Planning Commission did on the 4th day of March, 1992, 8 hold a duly noticed public hearing as prescribed by law to consider said request, and 9 WHEREAS, at said public hearing, upon hearing and considering al lo testimony and arguments, examining the initial study, analyzing the inforrnatior XI /I submitted by staff, and considering any written comments received, the Planninj 12 I1 I/ Commission considered all factors relating to the Negative Declaration. 13 14 I( NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior 15 as follows: 16 A) That the foregoing recitations are true and correct. I'i' 18 B) That based on the evidence presented at the public hearing, the Plannini Commission hereby recommends APPROVAL of the Negative Declaration accordin; to Exhibit "ND", dated January 10, 1991, and "PEI", dated January 10, 1991 19 attached hereto and made a part hereof, based on the following findings: 2o 21 Findings: 1. The initial study shows that there is no substantial evidence that the project ma 22 have a significant impact on the environment. 23 24 25 26 27 28 2. As no site specific project is proposed with this amendment, no sensitive resource located so as to be significantly impacted by this project. .... .... .... I 11 e 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 the following vote, to wit: 3 Commission of the City of Carlsbad, California, held on the 4th day of March, 1992, by 4 5 AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm, Holmes, Savary, Noble & Hall. 6 NOES: None. 7 ABSENT: None. 8 9 ABSTAIN: None. 10 11 12 13 ATTEST: ,% 5;- - ." - TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 14 15 16 PLANNING DIRECTOR 17 l8 !I I.9 I! 20 21 22 23 24 25 26 PC RES0 NO. 3358 -2- 27 28 NEGATIVE DECLARATION PROJECT ADDRESWLOCATION: City-wide within City of Carlsbad, County of San Diego. PROJECT DESCRIPTION: Amendment to Chapter 21.40 of the Carlsbad Municipal Code to conditionally allow off-site real estate signage in accordance with recent State Legislation. 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 Mike Grim in the Planning Department at 438-1161, extension 4499. 7 , ’ ,’ I, /- DATED: JANUARY 10,1991 CASE NO: ZCA 90-2 fL ; ; 4 .’ ” 1 &4/ // ./&;$J, /’ &@I-L9&LbJ. HOLZ ILLER -- :*?? Plandg Director L APPLICANT: ClTY OF CARLSBAD PUBLISH DATE: JANUARY 17,1991 2075 Las Palmas Drive - Carlsbad. California 92009-4859 (619) 438-1 161 a m ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 90-2 DATE:, JANUARY 10, 1991 BACKGROUND 1. CASE NAME: Offsite Real Estate Signage 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drive Carlsbad. CA 92008 (619)438-1161 4. DATE EL4 FORM PART I SUBMI'ITED: December 20. 1990 5. PROJECT DESCRIPTION: Amendment to Chapter 21.40 of the Carlsbad Municipal 'Code conditionallv allow off-site real estate simaae in accordance M recent State Leaislation. EWRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct Environmental Impact Assessment to determine if a project may have a significant effect on the environml The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checl identifies any physical, biological and human factors that might be impacted by the proposed project provides the City with information to use as the basis for deciding whether to prepare an Environme: Impact Report or Negative Declaration. ;'' A Negative Declaration may be prepared if the City perceives no substantial evidence that the projec any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be chec to indicate this determination. * An EIR must be prepared if the City detennines that there is substantial evidence that any aspect of project may cause a sirmificant effect on the environment. The project may qualify for a Nega Declaration however, if adverse impacts are mitigated so that environmental effects can be dee: insimificant. These findings are shown in the checklist under the headings 'YES-sig" and "YES-ir respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form UI DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discus mitigation for impacts which would otherwise be determined significant. a PHYSICAL mom WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Result in unstable earth conditions or 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 LI 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 substantid 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 increase the exposure of people or property water, ground water or public water supply? Substantidy increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? Alter a significant archeological, paleontological or historical site, stmcture or object? -2- m YES big) - - - - - - - - - - - YES (insig) - - - - - i - - - - - NO X X X -x- X X X x - X X X c 0 BXOLOGXCAL ENVIRONMENT AI WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (si@ (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other fannland of state or local importance? 15. Affect the diversity of species, habitat I or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an area, or result in a bamier to the migration or movement of animals? HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use 18. Substantially affect public utilities, of an area? schools, police, fire, emergency or other public services? - - - - YES big) - - X - X - - X X - X - .YES NO (insig) X - - X - - -3- e €"ANENvlRoNMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 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? 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)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand - for additional housing? Generate substantial additional uaffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedes&? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? 4- @ YES (sig) - - - - - - - - - - - - - - YES (insig) - - - - - - - - - - - - - 7 NO A x x x x X - X - X - x - x X - X - X - X - X - 0 w MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO big) (insig) 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 ill endure well into the future.) X - - - - X 35. Does the project have the possible environmental effects which are in- dividually Iimited 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? X - - X - - - -5- I e DtSCUSSION OF ENVIRONMENTAL EVALUATION This Zone Code Amendment will change the restrictions in Chapter 21.40 of the Carlsbad Municipal -X con&iona& dowing &ire red estare sipage.. This sipage must have the permission of the property ( which the sign is located and must adhere to the size requirements as listed in the Municipal Code. Since tl amendment will not change the size restrictions of the signage, and signs will only be allowed on priv: property, no adverse environmental affects (including aesthetic impacts) are anticipated. Physical Environment A 1. - 4. This amendment is purely administrative and does not approve or condone any earth work. 5. - 8. Since this Zone Code Amendment is not project specific and does not involve development of, kind, no impacts to air quality, climatological indices, or water flows or sources will result, 9. - IO. This solely administrative amendment will have no affects on any natural resources or ene reserves. 1 I. - 16, As this amendment to the ' Zoning Ordinance does not include or allow any site-spec development, no impacts to historical, archeological, paleontological sites will result, nor will ti be any affect on flora or fauna in the City. 17. This Zone Code Amendment does not propose any changes in land use of an area nor do€ change the amount of signage allowed,on any particular property. 18. - 19. Since no development is proposed with this amendment, there will be no affect on any pu services including, but not limited to, utilities and sewer systems. 20. - 22. As no site-specific development will be sanctioned through this amendment, there will bf impacts to existing noise levels, light or glare. There will also be no release of hazarc substances or any risk of upset. 23. - 24. While this Zone Code Amendment allowing off-site real estate signage might have a small a on the marketability of real property, this affect will not impact the population density or hot supply. 25. - 30. This Zone Code Amendment does not involve any site-specific development and, as such, wil generate any traffic, affect any emergency response plans, nor create any traffic hazards. 31. Since the amount of signage per parcel is not changing through this amendment, no ad. impacts to scenic vistas or public views will result. 32. As no development is proposed with this amendment, no recreational opportunities are affected. 33. See 11. - 16. above. -6- 0 w 34. - 35. There will be neither short-term nor long-term affects to the environment because of ths projc since it is purely administrative and does not involve any project development. No curnulati impacts will' result either. 36. As no development is proposed, and no affect on aesthetics will result, no direct or indirect impac to human beings are expected. -7- t 0 e ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: 4 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, and g) no project alternative. a) ' As no development is involved, no phasing or alternate scales of development may OCCU. b) Since no site-specific development is proposed, alternate site designs, alternate uses f the site, or alternate sites are relevant to this project. c) See a) above. d) See b) above. e) See a) above. f) See b) above. g) The no project alternative would prevent the Carlsbad Municipal Code from accurat reflecting State Legislation and is, therefore, not acceptable. -a- I W 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 signLficant effect on the environment, and a NEGAT? DECLARATION will be prepared. - I find that although the proposed project could have a significant effect on the environment, [here w 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 ENVIRONMENT tMPACT REPORT is required. .r i ’. 11- 4 / Y7/ZA,/ , /A/,, ,4/ // - Date I ’ r/;.vr- / L// I‘ Signature .: I- - I -!% q/ y>)y,-,k;*, Date .. I. di Plbgpector / c LIST MITIGATING MEASURES (IF APPLICABLE] ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -9- a e 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. Dare Signature c MG -10-