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HomeMy WebLinkAbout1994-02-16; Planning Commission; Resolution 3624II 0 e 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3624 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CHANGE TO CHANGE APPROXIMATELY 246 ACRES FROM RESIDENTIAL AGRICULTURE CASE NAME: KELLY DEL CERRO CASE NO: ZC 93-06 (R-A-10) TO LIMITED CONTROL (L-C). 7 WHEREAS, the Planning Commission did on the 16th day of February, 199# 8 hold a duly noticed public hearing as prescribed by law to consider said request, and 9 WHEREAS, at said public hearing, upon hearing and considering all testimo1 lo I/ and arguments, examining the initial study, analyzing the information submitted by staj 11 II and considering any written comments received, the Planning Commission considered i factors relating to the Negative Declaration. 12 13 14 A) That the foregoing recitations are true and correct. 16 as follows: 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic, 17 18 19 20 ii B) That based on the evidence presented at the public hearing, the Plannir Commission hereby recommends APPROVAL of the Negative Declaratic according to Exhibit "ND", dated January 20, 1994 and "PII", dated Janua 11, 1994, attached hereto and made a part hereof, based on the followir findings: 21 I) Findinm: 22 23 1. The initial study shows that there is no substantial evidence that the project mt 25 24 26 27 have a significant impact on the environment. 2. The Zone Change is not associated with a specific development proposal and doe not encourage immediate development. .... .... 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 Plannin Commission of the City of Carlsbad, California, held on the 16th day of February, 1994 by the following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Noblc Erwin & Hall. NOES: None. ABSENT: Commissioner Welshons. ABSTAIN: None. ATTEST: & 1 7-4 - g/m/c17Lc//I PEG& gAJfkY, Chairperso/ CARLSBAD PLANNING COMMISSION A MICHAEL J. MLZMIMER PLANNING DIRECTOR PC RES0 NO. 3624 -2- W - NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Generally located east of the future intersection of the extension of College Avenue and Cannon Road, northeast of El Camino Real, City of Carlsbad, San Diego County. PROJECT DESCRIPTION: A Zone Change of approximately 246 acres from Residential Agriculture (R-A-10) to Limited Control (LC). 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, please call Christer Westman in the Planning Department at (619) 438-1 161, extension 4448. DATED: JANUARY 20, 1994 &-. CASE NO: ZC 93-06 CASE NAME: KELLY DEL CERRO PUBLISH DATE: JANUARY 20, 1994 CH J. HOLZMLER #l Z2Direcrar ’ CW:lh 2075 Las Palmas Drive Carlsbad, California 92009-1 576 - (61 9) 438-1 161 6 w ENVIRONMENTAL, IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZC 93-06 DATE: JANUARY 11. 1' BACKGROUND 1. CASE NAME: KELLY DEL CERRO 2. APPLICANT: LUCIA SIPPLE 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 1287 VERA CRUZ OCEANSIDE CA 92056 (619) 630-5541 4. DATE EIA FORM PART I SUBMITTED: SEPTEMBER 23, 1993 5. PROJECT DESCRIPTION: A ZONE CHANGE OF APPROXIMATELY 246 ACRES FRC RESIDENTIAL AGRICULTURE (R-A-10) TO LIMITED CONTROL (LC). 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 environmel The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checkl 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 1 any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checkt to indicate this determination. ;': An EIR must be prepared if the City determines that there is substantial evidence that any aspect of tl project may cause a simificant effect on the environment. The project may qualify for a Negati Declaration however, if adverse impacts are mitigated so that environmental effects can be deemc insimificant. These findings are shown in the checklist under the headings '%S-sig" and "YES-insi; respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form undl DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussir "nitigation for impacts which would otherwise be determined significant. w m PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECIZY: YES (si@ 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? - - - - - - - - -2- YES (iisig) - - - - - - - - - - - NO X - X - X - X - X - X - X - X - X X - - X - W m BIOLOGICAL ENVIRONMENT WILL 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)? YES (sig) - 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 famdand 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 big) - - -3- YES (insig) - - - - - YES (hi@ - - NO X - X - X - X - X - NO X - X - w w HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECIIY 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? YES (sig) - - - - - - 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 NO (insig) X X - - - - - X X - - X - X X - - X - - X X - - - X - - X - - X - - X - - w w 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 seE-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 Iimited 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 big) (insig) - - X - - - X - - - - X - - - X -5- w W DISCUSSION OF ENVIRONMENTAL EVALUATION The project is a Zone Change from Residential Agriculture (R-A-lo), to Limited Control (LC). The LC Zone is intended to provide an interim zone for areas where planning for future land uses has not beer. formalized. After property planning or plan approval has been completed, property zoned LC may be rezoned. The action of the Zone Change postpones land use determinations and ultimately disturbance to the property. There will be no development associated with this project. -6- w rn ANALYSIS OF VIABLE ALTERNATTVES 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 project, and g) no project alternative. -7- . w w DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: & I find the proposed project COULD NOT have a significant effect on the environment, and a NEGAl 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 1 previously certified environmental documents and no additional environmental review is requi Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there 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. - kfind the proposed project MAY have a significant effect on the environment, and an ENVIRONMEN IMPACT REPORT is required. * 4 - *\\ ,wq /hT+ 1.LL (2 Dad I u Signape I f;/7[[.&+ /- / - I//- qq I' , - i : Date b..za&g ector LIST MITIGATING MEASURES (IF APPLICABLEl ATTACH MITIGATION MONJTORING PROGRAM (IF APPLICABLE) -a- w w AppLrcANT CONCURRENCE m MITIGATING MEASURES THIS rs TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature CW:lh -9-