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Home My WebLink About1992-05-20; Planning Commission; Resolution 33840 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PLANNING COMMISSION RESOLUTION NO. 3384 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A TENTATIVE MAP, CONDOMINIUM PERMIT, AND SITE DEVELOPMENT PLAN TO DEVELOP A 16 UNIT TOWNHOUSE CONDOMINIUM PROJECT ON THE NORTH SIDE OF LEVANTE STREET BETWEEN LA COSTA AVENUE AND MORADA STREET. CASE NAME: LEVANTE STREET TOWNHOMES CASE NO: CT 91-10/CP 91-8/SDP 92-2 WHEREAS, the Planning Commission did on the 20th day of May, 1992, hc a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimo: and arguments, examining the initial study, analyzing the information submitted by sta and considering any written comments received, the Planning Commission considered i factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic as follows: A) That the foregoing recitations are true and correct. €3) That based on the evidence presented at the public hearing, the Plannil Commission hereby recommends APPROVAL of the Negative Declaration accordi~ to Exhibit "ND", dated April 9, 1992, and "PII", dated March 30, 1992, attach1 hereto and made a part hereof, based on the following findings: 21 22 23 24 25 26 27 28 FitldiIlpS 1. The initial study shows that there is no substantial evidence that the project m have a significant impact on the environment. 2. The streets are adequate in size to handle traffic generated by the proposed proje 3. There are no sensitive resources located onsite or located so as to be significan impacted by this project. .... .... .... I( 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, by th following vote, to wit: 1 2 3 4 5 6 71 AYES: Vice-ChairpersonNoble, Commissioners: Schlehuber, Schramn Welshons, Savary & Holmes. NOES: None. ABSENT: None. 1 8 II ABSTAIN: Chairman Erwin. 9 10 11 12 ATTEST: BAILEY NOBIf&hw"hairperson CARLSBAD P NING COMMISSION 13 11 14 qvu& 'f fr 3 i, .I . 15 MICHAEL J. HMZMIL~~R PLANNING DIRECTOR 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3384 -2- 0 0 NEGATIVE3 DECLARATION PROJECT ADDRESS/LOCATION: Levante Street between La Costa Avenue and Morada Street, Carlsbad, CA. APN: 223-170-18/19 PROJECT DESCRIPTION: 16 unit residential townhouse project located on a previously graded 1.51 acre infill lot. 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 [he environment) is hereby issued for the subject project. Justificarion for this action is on file in the Planning Departmenr. 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 21 days of date of issuance. If you have any questions, please call Jeff Gibson in the Planning Department at (619) 438-1161, extension 4455. DATED: APRIL 9,1992 CASE NO: CT 91-10/CP 91-8/SDP 92-2 Planning Director MICHAEL J. WLZM~JLER CASE NAME: LEVANTE STREET TOWNHOMES PUBLISH DATE: APRIL 9, 1992 JG:h 2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 167 0 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART 11 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO, CT 91-1OKP 91-8/SDP 92 DATE: March 30.1992 1. CASE NAME: Levante Street Townhomes 2. APPLICANT: Joseph Wonn Desim - Associates 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2359 Fourth Avenue San Dieno. CA 92101 (619)233-6777 4. DATE ELA FORM PART I SUBMITTED: October 1,1991 5. PROJECT DESCRIPTION: 16 unit residential townhouse Droiect located on a previously zac 1.51 acre. infill lot. 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 envirome The Environmental Impact Assessment appears in the following pages in the form of a checklist. This check 8 identifies any physical, biological and human factors that might be impacted by the proposed project 2 provides the City with information to, use as the basis for deciding whether to prepare an Environmer Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the projeci any of its aspects may cause a significant effect on the enyironment. On the checklist, "NO will be checl to indicate this determination. * An EIR must be prepared ifsthe City detennines that there is substantial evidence that any aspect of project may cause a sidcant effect on the environment. The project may qualify for a Nega; Declaration however, if adverse impacts are mitigated so that environmental effects can be deer insignificant. These findings are shown in the checklist under the headings 'YES-sig" and 'YES-in 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 discus: mitigation for impacts which would otherwise be determined significant. e PHYSICAL moNMENT MU 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 pub& water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? m YES YES NO (si@ (insig) - - X X - - X - - - - " X - - X - - X - - - x X X - - - - - - X - - -2- 0 0 BIOLOGICAL ENVIRONMENT WIU THE PROPOSAL DIRECI'LY OR INDIRECTLY YES YES Wg) (ins@> - 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? HUMANENvIRo- 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 (Sig) (insis) - - - - -3- NO X - X X - X X NO X - X - 0 HuMANmoNMENT WILL 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. ;0. 31. 32. THE PROPOSAL DIRECTLY OR INDIRECTLY 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 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- 0 YES (sigl - - - - - - - - - - - - - YES (insig) - - - - - - - - - - - - - - NO X X X X X "- X - - x X X X X x X - X m 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. YES YES NO big) (insig) 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 occurs 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- w 0 DISCUSSION OF ENVIRONMENTAL EVALUATION I. ENVIRONMENTAL SETITNG AND PROJECT DESCRlPTlON The project consists of a proposed 16 dwelling unit residential townhouse/condominium located on t~. existing infill lots located on the north side of Levante Street between La Costa Avenue and Morada Stref The two lots total 1.51 acres in size, have been previously graded, and contain no native vegetation. The n lots are terraced and have an elevation differential of approximately 5 to 7 feet. The lots are zoned f residential development and are surrounded by residential development on all sides. 11. PHYSICAL ENVIRONMENT The two lots have been previously graded into building pads, all off-site public facility improvements 2 constructed, and the project is small in size and scale (16 dwelling units), therefore, there will not be a significant environmental impacts under items 1 - 11 of the Physical Environment Checklist. 111. BroLmrw ENVIRONMENT The two infill lots have been previously graded, there is no native habitat on or around the lots, and t property is surrounded by existing residential development, therefore, there will be no sigruficant impacts the diversity and movement of native wildlife species, or destruction and impact to native habitats. Iv. HUMANENVIRONMENT All off-site public facilities are in place to serve this project, the two parcels will be developed at t appropriate General Plan Land use density, the zoning allows the use, the project is compatible with t surrounding residential development, and meets the requirements of all City ordinances, therefore, there M be no significant impacts under items 19-32 of the Human Environment Checklist. -6- 0 0 ANALYSIS OF VIABLE ALTERNATNES 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, and g) no project alternative. The analysis of viable alternatives to the proposed project revolves around two specific concepts; the definiti of the project and its significant impact and the definition of what is a viable alternative. The courts ha recognized that only reasonable alternatives need be discussed (Village Laguna of Laguna Beach, tnc. V. BO: of Supervisors, 134 Cal. App. 3d 1022 (1982). These project alternatives exist as relative measures unavoidable adverse impacts and mitigation measures. Public Resources Code section 21002 forbids t approval of projects with significant adverse impacts when feasible alternatives or feasible mitigation measu can substantially lessen such impacts. A "significant effect" is dehed as one which has a substantial adve: impact. If nothing is significant than there is no substantial adverse impact and no justification for requiri a discussion of alternatives. There is no alternative to no substantial adverse impact. -7- .r e e 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 sipficant 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 1 environmental effects of the proposed project have already been considered in conjunction w previously certified environmental documents and no additional environmental review is requirl Therefore, a Notice of Determination has been prepared. - I fhd that although the proposed project could have a significant effect on the environment, there v 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 sigruficant effect on the environm-.. .;, and an ENVIRONMENT IMPACT REPORT is required. ?/3f/pr Date signav& L Date QL" Planning Directs LIST MITIGATING MEASURES (IF APPL~CABLE~ ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -8- *. .*. 0 0 APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE MEWED THE ABOVE MITIGATING MEASURES AND CONCUR m THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature JG:h -9-