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HomeMy WebLinkAbout1992-06-17; Planning Commission; Resolution 34070 0 1 PLANNING COMMISSION RESOLUTION NO. 3407 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL, OF A NEGATIVE DECLARATION FOR ZONE CODE AMENDMENTS TO AMEND CHAPTERS 21.04, 21.42, 21.30, 21.32, AND 21.34 OF THE CARLSBAD MUNICIPAL, CODE TO PROVIDE FOR THE REGULATION OF SPECIFIED HAZARDOUS WASTE FACILITIES. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 92-3 a WHEREAS, the Planning Commission did on the 3rd day of June, 1992, and 9 on the 17th day of June, 1992, hold a duly noticed public hearing as prescribed by law to lo 11 consider said request, and 12 WHEREAS, at said public hearing, upon hearing and considering all testimony 13 and arguments, examining the initial study, analyzing the information submitted by staff, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 16 factors relating to the Negative Declaration. 15 and considering any written comments received, the Planning Commission considered all 14 17 Ij as follows: 18 19 20 21 22 23 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 Exhibit "ND", dated May 21, 1992, and "PII", dated May 13, 1992, attached hereto and made a part hereof, based on the following findings: FiIldingS: 24 25 26 1. The initial study shows that there is no substantial evidence that the project ma: have a significant impact on the environment. ... 27 28 "' ... ... ll 0 m 1 2 3 4 5 6 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of June, 1992, by the following vote, to wit: AYES: Vice-ChairpersonNoble, Commissioners: Schlehuber, Schramm, Welshons, Savary & Hall. NOES: None. ABSENT: Chairperson Erwin. 8 ll ABSTAIN: None. 9 10 11 12 ATTEST: BAILEY NOEHJk, Vice-Chairperson CARLSBAD ' LANNING COMMISSION 13 II 14 I-5 PLANNING DIRECTOR MICHAEL J. HOTZMILMER 16 17 18 19 2o I 21 22 23 24 25 11 26 /I 27 28 PC RES0 NO. 3407 -2- w NEGATIVE DECLARATION a PROJECT ADDRESS/LOCATION: City of Carlsbad - Hazardous Waste Management Plan Citywide PROJECT DESCRIPTION: Zone Code Amendments to Title 21 of the Carlsbad Municipal Code to provide for the regulation of hazardous waste facilities. 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 21 days of date of issuance. If you have any questions, call Elaine Blackbum in the Planning Department at (619) 438-1161, extension 44 DATED: May 21, 1992 CASE NO: ZCA 92-3 @ CASE NAME: CITY OF CARLSBAD - HAZARDOUS WASTE MANAGEMENT PLAN PUBLISH DATE: MAY 21, 1992 EB:vd m ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO. ZCA 92 DATE: May 13. 19! 1. CASE NAME: Hazardous Waste Management Plan 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: Planning Department 2075 Las Palmas Drive Carlsbad. CA 92009 (619) 438-1161 4. DATE EIA FORM PART I SUBMITTED: N/A 5. PROJECT DESCRIPTION: Amendments to Title 21 of the Carlsbad Municipal - Code to Drovi, for the remlation of hazardous waste facilities. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct 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 projecl any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checl to indicate this determination. Environmental Impact Assessment to determine if a project may have a significant effect on the environme * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of project may cause a significant effect on the environment. The project may qualify for a Negal Declaration however, if adverse impacts are mitigated so that environmental effects can be deer insinnificant. 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 UI! DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discus: mitigation for impacts which would otherwise be determined significant. w W PHYSICAL ENVIRONMENT NILL THE PROPOSAL DIRECTLY OR TNDIRECTLY: 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 significant archeological, paleontological or historical site, structure or object? YES (sig) - - - - - - - - YES (insig) - - - - - NO X X X x X X X X X X X ' -2- w W BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY 0R.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? YES big1 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HUMAN ENVIRONMENT 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) - - - -3 - YES (insig) - - YES (in&) - - NO X X X X X NO X X w HUMAN ENVIRONMENT VlLL 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? !I. Produce new light or glare? !2. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? !3. Substantially alter the density of the human population of an area? 14. Affect existing housing, or create a demand for additional housing? 15. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or movemenr of people and/or goods? alter present patterns of circulation or 28. Alter waterborne, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? -4- w YES YES big) (insig) - - - - - - - - - -. - NO x X X X X X X X x X X X X X W w MANDATORY FINDINGS OF SIGNIFICANCE VILL THE PROPOSAL DtRECTLY OR INDIRECTLY: YES YES NO big) (insig) 13. Does the project have the potential to substantially degrade the quality of the environment, substantially 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 dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. reduce the habitat of a fish or wild. restrict the range of a rare or en- 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 - X - -5- w w DISCUSSION OF ENVIRONMENTAL EVALUATION No physical alteration of,the environment is associated with this project, therefore no significant physic biological, or human environmental impacts will result. These zone code amendments change Title : (Zoning) of the Carlsbad Municipal Code to provide for the regulation of hazardous waste facilitj regulations will be subject to full environmental review. This review will include siting criteria a pursuant to State and County requirements. Subsequent projects which will be governed by tht operational characteristics. -6- W w NALYSIS OF VIABLE ALTERNATIVES 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. Project alternatives are required when there is evidence that the project will have a significant impact o the environment and an alternative would lessen or mitigate those adverse impacts. Because this projec has no significant impacts, no discussion of project alternatives is required. -7- w 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 significant effect on the environment, and a NEGATP 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 requirt 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. - 1 find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENT, IMPACT REPORT is required. 4 " ' / y- t 1.2 v Date SignAture / -I I\ 5-q- 72- JdL Date &9+l&or LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -8- a e PPLtCANT 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 ZB:vd -9- 0 0 5-30. The proposed amendment will not substantially affect parking, generate substantial traffic, or alte~ existing transportation systems. This proposed Zone Code Amendment is not affiliated with an3 specific development project and will not interfere with safety issues such as emergency evacuatior response plans or increase traffic hazard to motorists, pedestrians and bicyclists. 31. In that no specific development is proposed with this Zone Code Amendment, no scenic vistas wil . be obstructed and aesthically offensive views will not be created by the implementation of th, proposed Density Bonus Program. 32. The proposed Zone Code Amendment will not affect the quality or quantity of existing recreation: opportunities. Projects processed pursuant to this Density Bonus Program shall still be required t provide recreational amenities. -8- a 0 LNALYSIS OF VIABLE ALTERNATIVES 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. A) Phasing the implementation of this proposed zone code amendment (ZCA) will not substantially reduce environmental impacts associated with the comprehensive implementation of this ZCA. €3) N/A C) N/A D) This proposed ZCA will be implemented Citywide. There is no specific site involved/actual development proposed. E) This ZCA implements Program 3.7.a. (Density Bonus) of the City's Revised Housing Element (Oct. 22, 1991). This housing program is being implemented at this time to be consistent with State Density Bonus Laws. (F) This project does not propose development upon any specific site. However, the proposed ordinance includes specific findings which must be made to grant a density bonus. These findings relate to ensuring that the overall development pattern is compatible with other structures and land uses in the immediate vicinity. (G) The no project alternative would not substantially effect the environmental findings for this project. -9- 0 0 ,ETERMINATION (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 NEGATM DECLARATION will be prepared. - I find that the proposed project COULD NOT have a sigmficant effect on the environment, because tht environmental effects of the proposed project have already been considered in conjunction wit1 previously certified environmental documents and no additional environmental review is required Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there wi 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 sigmficant effect on the environment, and an ENVIRONMENTA IMPACT REPORT is required. 6- 17-Q- - Date . , -P , , , ' , I -.: .,', I / : I' .ai: i;*- - ..- ' p- I 3, -.' { "!.:I : , >"L, i y ,'. *. .' ." . ' Date Planning Director LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE] -10- c 0 0 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 CDC:km -11-