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Home My WebLink About1992-03-04; Planning Commission; Resolution 33621 a 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. 3362 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 TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, SECTION 21.43.110, TO ESTABLISH SPECIFIC TIME LIMITATIONS FOR THE ADULT ENTERTAINMENT PERMIT REVIEW PROCESS AND TO CHANGE REFERENCES IN THE CODE TO REFLECT STAFF TITLES CURRENTLY IN USE. CASE NAME: CITY OF CAEUSBAD CASE NO: ZCA 91-8 WHEREAS, the Planning Commission did on the 4th day of March, 1992, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering aU 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 recommends APPROVAL of the Negative Declaration according to Exh;b;t "ND", dated February 6, 1992, and "PII", dated January 28, 1992, attached hereto and made a part hereof, based on the following finding: Finding: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. ... ... ' I! a 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninz Commission of the City of Carlsbad, California, held on the 4th day of March, 1992, bj the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm Holmes, Savary, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: +% L- -* TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION V. MICHAEL J. HOLZMI~LER PLANNING DIRECTOR PC RES0 NO. 3362 -2- L , 0 @ mGATIVE DECLARATION PROJECT ADDRESS/LOCATION: City of Carlsbad PROJECT DESCRIPTION: Amendment to Section 21.43.110 of Title 21 (Zone Code) to establish specific time limitations for the Adult Entertainment Permit review process and change references in the code to reflect staff titles currently in use. 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 438-1161, extension 4446. DATED: FEBRUARY 6, 1992 ' CASE NO: ZCA 91-8 . Planning Director CASE NAME: ADULT ENTERTAINMENT PERMIT REVIEW TIME LIMITATIONS PUBLISH DATE: FEBRUARY 6,1992 DN:vd 2075 Las Palmas Drive Carlsbad, California 92009-1 576 - (61 9) 438-1 161 0 0 ENVlRONMFiNTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) IACKGROUND CASE NO. ZCA 91- DATE: Januarv 28, 199 1, CASE NAME; Adult Entertainment Permit Review Time Limitations 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: City Attornev. Citv of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 (619) 434-2891 4. DATE EIA FORM PART I SUBMITTED: N/A 5. PROJECT DESCRIPTION: Amendment to Section 21.43.1 10 of Title 21 (Zone Code) to establi sDecific time limitations for the Adult Entertainment Permit review Drocess. ENVIRONMENTAL 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 environme! The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checkl 8 identifies any physical, biological and human factors that might be impacted by the proposed project a provides the City with information to use as the basis for deciding whether to prepare an Environmen Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project any of its aspects may cause a significant effect on the environment. On the checklist, "NO' will be check to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of 1 project may cause a Significant effect on the environment. The project may qualify for a Negat Declaration however, if adverse impacts are mitigated so that environmental effects can be deerr insinnificant. These findings are shown in the checklist under the headings 'YES-sig" and 'YES-ins respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form un DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discuss mitigation for impacts which would otherwise be determined significant. w PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1, Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. 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? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significaqt archeological, paleontological or historical site, structure or object? 0 YES YES big) (insig) - - - - - - - - - - - - - - - - - -2- a NO q X X X x x X X X X X X 0 0 BIOLOGICAL ENVIRONMENT NILL THE PROPOSAL DIRECTLY OR INDIRECTLY! 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 farmland of state or local importance? 15. Affect the diversity of species, habitat 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 barrier to the migration or movement of animals? HUMANENVIRONMENT 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 (sig) - - YES (sit$ - - YES (insig) - - - 3 - YES (W) - - NO X X X X X NO X X - -3- m HuMANmoNMENT MILL THE PROPOSAL, DIRECTLY OR INDIRECTLY: .9. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? !O. Increase existing noise levels? 21. Produce new light or glare? 12. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Substantially alter the density of the human population of an area? 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? 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 pedestrians? 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- a YES big) - - - 0 - YES NO (insig) X X X - X - X - X X - X - X - X - - X - - X - - X - x - - 0 e 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. - X - 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 occus in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) - - X 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? - - X X - - -5- 0 0 )ISCUSSION OF ENWRONMENTAL EVALUATION le project consists of an amendment to Section 21.43.1 10 of the Carlsbad Municipal Code to include specif he limitations for the Adult Entertainment Permit review process. The amendment reflects changf ecommended by the City Attorney based on a recent decision of the court of appeal which found a LC mgeles ordinance requiring issuance of an adult business conditional use pennit to be an unconstitution; People - v. Library One, Enc.(1991) 229 Gal. App. 3d 973,280 Cal. Rptr. 400). rrior restraint of speech because it lacked time limitations in which a permit must be granted or denic 40 physical alteration of the environment is associated v:!th this project, therefore no sigrufcant physic: iological, or human environmental impacts will result. This zone code amendment establishes specific tin imitations for the review process and changes references in the code to reflect staff titles currently in us( -6- I m e d4ALYSIS 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. Iroject alternatives are required when there is evidence that the project will have a significant adverse impal a the environment and an alternative would lessen or mitigate those adverse impacts. Public resources Coc iection 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives ( nitigation measures can substantially lessen such impacts. A "significant effect" is defined as one which h; , substantial adverse impact. If the project has "NO' significant impacts. than there is no substantial advers mpact and no justification for requiring a discussion of alternatives, (There is no alternative to no substantil idverse impact). -7- <. b 0 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 NEGATr DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because t environmental effects of the proposed project have already been considered in conjunction w previously certified environmental documents and no additional environmental review is requirc Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there M 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, IMPACT REPORT is required. I yq/q2' k% Dat Signature I /3o/Liz- Date I LIST MITIGATING MEASURES (IF APPLICABLE) ATT'ACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 -8- .. e SPLICANT 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 )N:vd -9-