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HomeMy WebLinkAbout1994-02-02; Planning Commission; Resolution 3632// 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PLANNING COMMISSION RESOLUTION NO. 3632 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL, OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AMENDING VARIOUS CHAPTERS OF THE WSBAD MUNICIPAL, CODE TO (1) DISCRIMINATE BETWEEN RESIDENTIAL DWELLING UNITS AND COMMERCIAL LMNG UNITS AND (2) TO ALLOW TIME- A CONDITIONAL USE PERMIT. SHARE PROJECTS WITHIN THE C-2 AND C-T ZONES WITH CASE NAME: TIME-SHARE ZONE CODE AMENDMENT CASE NO: ZCA 93-07 WHEREAS, the Planning Commission did on the 2nd day of February, 199 hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering : testimony and arguments, examining the initial study, analyzing the informatic: submitted by staff, and considering any written comments received, the PlanniI Commission considered all 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. B) That based on the evidence presented at the public hearing, the Plannir Commission hereby recommends APPROVAL of the Negative Declaration accordir to Exhibit "ND", dated February 3, 1994, and "PII", dated January 19, 199, attached hereto and made a part hereof, based on the following findings: 22 Findin=: 23 24 1. The initial study shows that there is no substantial evidence that the project m: have a significant impact on the environment. 25 26 27 28 ... ... ... 0 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 Pla~ Commission of the City of Carlsbad, California, held on the 2nd day of February, 199 by the following vote, to wit: AYES: Chairperson Savary; Commissioners: Schlehuber, Betz, Nobl Welshons, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: CARLSBAD PLANNING-COMMISSIO~ MICHAEL J. ~OLMLLER PLANNING DIRECTOR PC RES0 NO. 3632 -2- NEGATIVE DECLARA’I’ION PROJECT ADDRESS/LOCATION: Citywide PROJECT DESCRIPTION: Zone Code Amendment to the definitions section to discriminate between residential dwelling units and commercial living units and amendment to the Conditional Uses section to allow time share projects in commercial zones. The City of Carlsbad has conducted an environmental review of t hc al)ove 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 1)lanning Dcpartment within 30 days of date of issuance. If you have any questions, please call Brian Hunter in the Planning Department at (619) 438-1161, extension 4457. DATED: FEBRUARY 3, 1994 CASE NO: ZCA 93-07 I / 1. c; “7- y&!, (I ’I 11d < LL ’ -7.llu-/ /Is, MICI IAIT ,J. I IOI~!ZMILMR 1’1a1ming Ihwtol- CASE NAME: TIME SHARE ZONE CODE AMENDMENT PUBLISH DATE: FEBRUARY 3, 1994 UII:WI 2075 Las Palmas Drive - Carlsbad. California 92009-1576 - (619) 438-1 161 W 0 ENVIRONMENTAL IMPACT ASSESSMENT I'OItM - F"IT I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) 3ACKGROUND CASE NO. ZCA 93-07' DATE: January 19, 1994 1. CASE NAME: Time Share Zone Code Amendment 2. APPLICANT: Hofman Planninn Associates 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 (619) 438-1 465 4. DATE EIA FORM PART I SUBMITTED: Julv 21, 1993 5. PROJECT DESCRIPTION: Zone Code Amendment to the definition section to discriminatc between dwelling units from commercial living units and amendment to the Conditional Ur section to allow timeshare proiects in commercial 7,011es. :NVIRONMENTAL IMPACTS TATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct nvironmental Impact Assessment to determine if a project may have a significant effect on the environme 'he Environmental Impact Assessment appears in the following pages in the form of a checklist. 7' hecklist 8 identifies any physical, biological and human factors that might be impacted by the propo: roject and provides the City with information to use as the basis for deciding whether to prepare nvironmental 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 checl to indicate this determination. An EIR must be prepared if the City determines that there is substantial ovidcncc that any aspect of project may cause a significant effectcon the environment. The project may qualify for a Negatj Declaration however, if adverse impacts are mitigated so that environmental effects can be deem insinnificant. These findings are shown in the checklist under the headings "YES-sig" and "YES-ins respectively. discussion of potential impacts and the proposed mitigation measures appears at the end of the form unc: ISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussi litigation for impacts which would otherwise be determined significant. W PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. 2. 3. 4. 5. 6. 7. 8. 9. LO. 11. Result in unstable earth conditions or increase the exposure of people or property 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 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? Result in substantial adverse,effects on ambient air quality? Result in substantial 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 water, ground water or public water supply? Substantially increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? Alter a significant archeological, paleontological or historical site, structure or object? -2- t YES YES NO (sig) (insig) X X X - 2 X X X X X X X e 0 BIOLOGICAL ENVIKONMEN'I' WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (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? X X 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? HUMAN ENVIRONMENT YlLL THE PROPOSAL DIRECTLY OR INDIRECTLY: 7. Alter the present or planned land use of an area? YES (>;x) - X X X YES NO (irlsig) - X 8. Substantially affect public utilities, Schools, police, fire, emergency or other public services? -3 - - X W HUMAN ENVIRONMENT WILL THE PROPOSAL DIWCTLY OR INDIRECTLY: 19. Result in the need for new or. modified sewer systems, solid waste or hazardous waste control systems? 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 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? c( ' -4- 0 YES (six) - YES (insix) - NO X X X X X X X X X X X X X x. '0 e MANDATOKY FINDINGS OF SIGNII~ICANCE VILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (six) (insix) 3. 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 IeveIs, 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 1. 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 ogxrs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 5. 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.) i. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X X X -5- 0 @ DISCUSSION OF ENVIRONMENTAL EVALUATION The proposed Zone Code Amendment is a change in text of the Zoning Ordinance that discriminates bett residential dwelling units and commercial living units, as well as, allows time share projects in comme tourist and general commercial zones with the issuance of a conditional use permit. ‘I’he project thert is non site specific and prior to any approval of physical projects the requirements of the Calif( Environmental Quality Act will be met. Historically the City of Carlsbad’s Growth Management P~I: considered uses such as time share projects and professional care facilities commercial enterprises, bu Zoning Ordinance has not specifically recognized such distinction; the amendment may be viewed clarification through codification of existing policy. dl ’ -6- 0 0 ANALYSIS 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. The project is a zone code amendment without site or phasing specificity therefore an analysis of alterne cemporal and spatial relarionships provides no potentia1 benefit. Any physical project that is devek through the auspices of this amended code section will be analyzed with complete regard for the Califc Environmental Quality Act. ..I , -7- a 0 IETERMINATION (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 thc environment, and a NEGATI DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because environmental effects of the proposed project have already been considered in conjunction M previously certified environmental documents and no additional environmental review is requir Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there I not be a significant effect in this case because the mitigation measurcs 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 ENVIRONMEN? IMPACT REPORT is required. Ja-l 2?! 194 ai..? Date ..I . Signature I' Ja-l 2?! 194 ai..? Date ..I . Signature I' ~"2+ q- iL?!,i(;( py- ,:(I - &\ k 4 ,; ;; L(I .-J;LL,(, .</- ~ ate Planning Director- J I IST MITIGATING MEASURES (IF APPLICABLE) ,TACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -8- DISCLOSL'RE STATEMENT AWLCAM'S STATEHEM OF DlscLosuaE OF CEPAIN OWNEFSHIP 'MERESTS ON ALL APPLICATIONS ~NHICH WILL aESb;;;E I 2ISCF;E;IONARY ACTION ON fhE PART of WkE cm CaUNCIL OR ANY APWlMEO BOARO. WEcEjwLj3'JMI-iE CO"\S 1 Jlease ?**no The following information must be disclosed: JUb 2 1 1993 ~ ,. \ - x.1 I_ .p p2 'e. ..re - : ..:; ;: ,;' .:., **.y4 i) ~ ~ ,- v . 0". >L< +., :.* I. d \ ~ ." ,.-IP,- 4 I Amlicant 6% ., ; ;,;&,":*.,;j.~T $$'$,:5;-> .-s. -a $.:<;c;>..;:. , - 2:.'"'.'' FC.-L.- List the names and addresses of all persons having a financial interest in the application. .. illiam N Hnf 771 1 Rwin Ci-Yn& Car- CA 9313n)9 ~~~ ~ ~~ ~~ 2. Owner List the names and addresses of all persons having any ownership intorest'in the property involved. 3. If any person identified punwnt to (1) or (2) above is a corporation 01 partnership, list the namc addresses of all individuals owning me than 10% of the shams in tho CWporatiOn or owning any part1 interest in the partnemhip. - 0 s7 \ 4. If anY pmn iddfkd punuMt to (1) of (2) lbow is 8 nor~-plofR organirrtiorr or a trust, list the nan addresses of any persen sawinq aa officer 01 director of the non-proIR w&nizatim 01 as trustee or ber of me mst. ', 0 FRM 13 4/91 Page 1 of 2 ' 2075 Las Palmu ~rIvo Catl8bad. California 92-9 (619) 43.8-1 161 F 0 0 Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth of business tfansacted with any member of City staff, 90i Commrssrons, committees and Council within the past twelve months? Yes - No & If yes, please indicate person(s) - Perron 1s dofind u: 'Any indiv1du.i. firm. copartnership. IOlntvenhrre. urocmtion. wid dub. fraternal organization. CarDoratlan. estate. VJst, I~CINOI. ynd~cate. IS ~d MY omof county, cy Md county, cy munlclpalq. dmtn-3 or oo\w p0litic.l rubdivtrbon. or my omor group or comomtlon rang u a unR' (NOTE. Attact! additional pages as necsssary.) Signature d Owneridat# &Lz&fl@ 4 L L/l 7- 2 r- 43 Signaura d app~icur~dats ,$ bit.\\,,avw d. JLL~ Prim or typa name d ownor Pnm 01 ryp. namo d apptlcanr - FRM 13 4/91 Page2of2