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Home My WebLink About1994-02-02; Planning Commission; Resolution 36150 a 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3615 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF CHAPTER 21.41 REGARDING CAMPAIGN SIGNS. CASE NAME: CAMPAIGN SIGNS CASE NO: ZCA 92-08 7 11 WHEREAS, the Planning Commission did on the 2nd day of February, 1994 €3 9 hold a duly noticed public hearing as prescribed by law to consider said request; and lo il WHEREAS, at said public hearing, upon hearing and considering all testimoq 11 14 factors relating to the Negative Declaration. I.3 and considering any written comments received, the Planning Commission considered a1 12 and arguments, examining the initial study, analyzing the information submitted by staff €3) That based on the evidence presented at the public hearing, the Planning 18 17 16 15 Commission recommends APPROVAL, of the Negative Declaration according tc NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Colnnlissior as follows: A) That the foregoing recitations are truc and correct. 19 Exhibit "ND", dated December 30, 1993, and "PII", dated December 23, 2093, 20 21 - attached hereto and made a part hereof, based on the following findings: Finhi: 22 23 24 25 26 1. The initial study shows that there is no substantial evidence that the project ma) haw a significant impact on the ensril-onment. 2. No development is proposed wit-h this amendment, therefore no site-specific environmental impacts ~$1 result. .... 27 11 "** 28 **" ~ 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni Commission of the City of Carlsbad, California, held on the 2nd day of February, 1994, the following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Nob Welshons, Erwin & Hall. ~ I NOES: None. i ABSENT: None. ABSTAIN: None. ~ ATTEST: . PEGGY%&A&Y, /"&" Chairpersod CARLSBAD PLANNING COMMISSION Planning Director PC RES0 NO. 3615 -2- NJZGATNE DECLARATION PROJECT ADDRESS/LOCATION: City-wide, throughout the City of Carlsbad, within the County of San Diego. PROJECT DESCRIPTTON: Zone Code Amendment to delineate between temporary campaign signs and other political signs. 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 Conditional 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 horn the public are invited. Please submit comments in writing to the 30 days of date of issuance. If you have any questions, p Phming Department at (619) 438-1161, extension 4499. DATED: DECEMBER 30, 1993 CASE NO: ZCA 92-08 CASE NAME: CAMPAIGN SIGNS PUBLISH DATE: DECEMBER 30,1993 2075 Las Palmas Drive - Carlsbad. California 92009-1 576 - (61 9) 438-1 161 ( 0 0 ENVIRONMENTAL WACI' ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 92-08 DATE: DECEMBER 23. 15 BACKGROUND 1. CASE NAME: CAMPAIGN SIGNS 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DW CARLSBAD. CA 92008 (619) 438-1161 4. DATE EIA FORM PART I SUBMITTED: NOVEMBER 6.1992 5. PROJECT DESCRIPTION: AMENDMENT TO CHAPTER 21.41 OF THE CARLSB MUNICIPAL CODE TO DIFFERENTIATE BETWE TEMPORARY CAMPAIGN SIGNS AND OTHER .POLITIC SIGNS. 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 check 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 t project may cause a significant effect on the environment. The project may qualify for a Negati Declaration however, if adverse impacts are mitigated so that environmental effects can be deem insimificant. These findings are shown in the checklist under the headings '"YES-sig" and 'YES-insi respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form und DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussi~ mitigation for impacts which would otherwise be determined significant. e 0 PHYSICAL ENVIRONMENT + WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO big1 (insig) 1. Result in unstable earth c6nditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? - - X - - - X 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? - - - - X - - X - - X - X - 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? - - X - - - X 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? X X - - - - - - X - -2- m 0 BIOLOGICAL ENVIRoIuIvENT w WILL THE PROPOSAL DtRECTLY OR INDIRECTLY: YES big) 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 organism and insects? 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? - - HUMANENVIRONMENT WTLL THE PROPOSAL DtRECTLY OR tNDIRECTLY YES (sip) 17. Alter the present or planned land use of an area? - 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? - -3- YES (insig) - - - - - YES (insip) - - NO X - X X - X X - NO X X - a 0 HuMANENVlRoNMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (si& 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? - 20. increase existing noise levels? - 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? - - - - 25. Generate substantial additional traffic? - 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? - - 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- YES (insia) - - - - - - - - - - - - - - NO X X - - X X - X - X X - X X X - - X - X - X - X - a 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTtY OR INDIRECTLY: 33. Does the project have the potential to substantially degrade the quality of the environment, subsl'antially 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 will endure well into the future.) 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? YES YES NO (si3 (insig) - X - X - - X - - - X - - -5- a 0 DISCUSSION OF ENVIRONMENTAL EVALUATION A Negative Declaration for 3.n amendment to the Zoning Ordinance regarding campaign signs was issued on November 19,1992. Review of this Zone Code Amendment has continued and the wording has substantially changed. Therefore, it has been determined that the project definition has substantially changed and additional environmental review is warranted. This revised Zone Code Amendment will not remove the time limit on posting campaign signs, It will, however, add wording that more clearly separates signs intended for the campaigning of a ballot issue and other signs of general political expression, not tied to an election. The net impact is the potential allowance of political signs throughout the yeaq'provided they do not directly apply to an election. The net environmental result is still the same. This amendment is still purely administrative and the environmental analysis is virtually the same as the previous Negative Declaration for ZCA 92-08. Phvsical Environment 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 2 kind, no impacts to air quality, climatological indices, or water flows or sources will result. 9.-10. This solely administrative amendment d have no affects on any natural resources or enel reserves. 11.-16. As this amendment to the Zoning Ordinance does not include or allow any site-speci development, no impacts to historical, archeological, paleontological sites will result, nor will thc 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 does 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 pub 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 be : impacts to existing noise levels, light or glare. There will also be no release of hazard01 substances or any risk of upset. 23.-24. This Zone Code Amendment has no affect on residential development and therefore will not impa the population density or housing supply. 25-30. This Zone Code Amendment does not involve any site-specific development and, as such, ,wiU nc generate any traffic, affect any,emergency response plans, nor create any traffic hazards. 31. Since the potential amount of campaign signage per parcel is not changing through th amendment, no adverse impacts to scenic vistas or public views will result. -6- e 0 32. As no development is proposed with this amendment, no recreational opportunities are b( affected. 33. See 11. - 16. above. 34.35. There will be neither short-term nor long-term affects to the environment because of this prc since it is purely administrative and does not involve any project development. No cumula impacts will result either. * 36. As no development is proposed, and no affect on aesthetics will result, no direct or indirect imp to human beings are expected. -7- e 0 ANALYSIS OF WLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased devel6pment 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 oc b) Since no site-specific development is proposed, alternate site designs, alternate use5 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 could restrict the fiee expression of political ideas which r be unconstitutional and is, therefore, not acceptable. -8- a e DETERMINATION (To Be Completed By The Planning Department) On the basis of this initid evaluation: - X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGA’ - I find that although the proposed projecr could have a significant effect on the environment, there DECLARATION will be prepared. 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 ENVlRONMEN IMPACT REPORT is required. I .. r r . .. -, ; . /-/- J “ ~ , -. .I . .. ” , /’ - ,’ -, / /;e,. . ;x/’. ”-- Date Signature ” -1 /943-q3 Date &dPldF fM$& LIST MITIGATING MEASURES (IF APPLICABLE1 ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -9- Ib @ 0 d APPLlCANT CONCURRENCE WlTH MtTIGATING 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 MG:lh -10-