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Home My WebLink About1994-04-06; Planning Commission; Resolution 3542/I 0 1 e PLANNING COMMISSION RESOLUTION NO. 3542 2 3 4 5 6 7 8 9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO MODIFY THE DEVELOPMENT STANDARDS AND PROCESSING REQUIREMENTS FOR SECOND DWELLING UNITS IN THE RESIDENTIAL ZONES OF THE CITY. CASE NAME: SECOND DWELLING UNITS ZONE CODE CASE NO: ZCA 92-04 WHEREAS, the Planning Commission did on the 2nd day of March, 1994, and AMENDMENT 10 11 consider said request, and on the 6th day of April, 1994, hold a duly noticed public hearing as prescribed by law tc 12 WHEREAS, at said public hearing, upon hearing and considering all testimonj l3 14 and arguments, examining the initial study, analyzing the information submitted by staff: and considering any written comments received, the Planning Commission considered all 15 16 factors relating to the Negative Declaration. I? I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 18 11 as follows: l9 II A) That the foregoing recitations are true and correct. 20 21 22 23 24 25 26 B) That based on the evidence presented at the public hearing, the Plannins Commission hereby recommends APPROVAL of the Negative Declaratior according to Exhibit "ND", dated August 19, 1993, and "PII", dated Augusl 11, 1993, attached hereto and made a part hereof, based on the followins findings: Filldillm: 1. The initial study shows that there is no substantial evidence that the project maJ have a significant impact on the environment. 27 /I *". 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 6th day of April, 1994, by thl following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber; Noble Welshons & Hall. NOES: Commissioners: Betz & Erwin. ABSENT: None. ABSTAIN: None. ATTEST: CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR PC RES0 NO. 3542 -2- 1 1 W w Citv of Carlsbad NEGATIVE DECLARATION PROJECI' ADDRESSLOCATION: Zone Code Amendment to be implemented Citywide. PROJECT DESGRIPTION: A Zone Code Amendment to modify the development standards and processing requirements for second dwelling units in the residential zones of the City. 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 30 days of date of issuance. If you have any questions, please call Chris DeCerbo in the Planning Department at (619) 438-1161, extension 4445. DATED: AUGUST 19, 1993 CASE NO: ZCA 92-04 Planning Director CASE NAME: SECOND DWELLING UNITS ZCA PUBLISH DATE: AUGUST 19, 1993 CDD:lh 2075 Las Palmas Drive - Carlsbad, California 92009-1 57.6 - (619) 438-1 161 4 w ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART [I (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 92-04 BACKGROUND DATE: AUGUST 11, 195 1. CASE NAME: SECOND DWELLING UNIT ZONE CODE AMENDMENT 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT; 2075 LAS PALMAS DRNE CARLSBAD. CA 92009 (619) 438-1161 X 4445 4. DATE EIA FORM PART I SUBMITTED: N/A 5. PROJECT DESCRIPTION: A ZONE CODE AMENDMENT TO MODIFY THE DEVELOPMEh STANDARDS AND PROCESSING REOUIREMENTS FOR SECOND DWELLING UNITS IN TI- RESIDENTIAL ZONES OF THE CITY. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct 2 Environmental Impact Assessment to determine if a project may have a sigmfkant effect on the environmer The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checkli identifies any physical, biological and human factors that might be impacted by the proposed project ax provides the City with information to use as the basis for deciding whether to prepare an Environment [mpact 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 1 checked 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 sinnificant effect on the environment. The project may qualify for a Negatil Declaration however, if adverse impacts are mitigated so that environmental effects can be deem( insignificant. 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 undl DISCUSSION OF ENVIRONMENTAL, EVALUATION. Particular attention should be given to discussi~ mitigation for impacts which would otherwise be determined significant. e w PHYSICAL ENVIRONMENT WILL THE PROPOSAL DI-RECTLY OR INDIRECTLY: YES (sig) 1. Result in unstable earth conditions or increase the exposttre of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. 4. 5. 6. 7. 8. 9. 10. 11. 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 - YES NO (insig) - - X - X - X X - - x - X - X - - X - - X X - - - - X - e BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big) (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? - - 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other fadand 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: YES YES (sig) (insig) 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fie, emergency or other public services? - - - - -3- NO X X - X - X - X NO X X e w HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 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 big) - - - - - - 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 offeaive public view? 32. Affect the quality or quantity of existing recreational opportunities? -4- - - - - - - - - YES (insig) - - - - - - - - - - - - - NO X X - - X - X - X - X X - X - X X - X - X X X - e w MANDATORY KNDINGS 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. 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 big1 (insig) - - - X X - - X - - V - - A -5- e w DISCUSSION OF ENVIRONMENTAL EVALUATION California Government Code Section 65852.2 allows local governments to adopt an ordinance stating the conditions (standards and regulations) under which Second Dwelling Units would be permitted. The City of Carlsbad currently has an ordinance (Section 21.42.010(11) of the Carlsbad Municipal Code) which allows the development of Second Dwelling Units within the R-A, R-E, R-1 and P-C zones, subject to specific conditions, and requiring the approval of a Conditional Use Permit. This project will amend Carlsbad's existing Second Dwelling Unit ordinance to encourage and facilitate the development of Second Dwelling Units within the City, The amendments proposed include: (I) adding a definition for a Second Dwelling Unit, (2) allowing the development of Second Dwelling Units through administrative pennit in the R-A, R-E, R-1, R-2, R-3 and P-C zones and (3) modifying the existing development standards for Second Dwelling Units. This project is not a specific development, but rather an amendment to an implementing chapter of the City's Zoning Ordinance, which may affect certain future residential developments. In that it implements, Section 65852.2 of State Law, it is deemed consistent with the General Plan. This project is also consistent with the City's Housing Element (Program 3.7.b.) in that it facilitates the development of Second Dwelling Units. Second Dwelling Units are categorically exempt from CEQA pursuant to Sections 15301(a) and 15303(a) of the CEQA guidelines. PHYSICAL ENVIRONMENT 1 - 4. As no site-specific project is proposed as part of this Zone Code Amendment, no changes in topography resulting in unstable earth conditions, erosion of soils, or alteration of deposition pattern will occur. No geological impacts will result from this Zone Code Amendment. 5 - 8. In that, no physical, site-specific development is proposed as part of this Zone Code Amendment, no impacts to air quality or climatological indices are expected. 9 - 10. No site-specific development is proposed with this ZCA. Therefore this Zone Code Amendment will not deplete any natural resources or other form of energy. 11. This Zone Code Amendment is strictly administrative. As such, no site-specific project processed pursuant to this Zone Code Amendment is proposed. Only a site-specific environmental review for a particular project could identify the existence of a significant archeological, paleontological, or historical structure or object on site. This is an administrative, non-project Zone Code Amendment, therefore, it has no impact on historical resources. BIOLOGICAL 12 - 16. Because this Zone Code Amendment proposes no actual development, no impacts to the diversity of flora or fauna condition of ecosystems, or agricultural areas or farmlands are anticipated. -6- 0 w HUMAN ENVIRONMENT 17. No actual site-specific development is proposed as part of this project. This Zone Code Amendment does not directly affect land use patterns as it only establishes the guidelines and procedures under which a Second Dwelling Unit may be applied for. The Second Dwelling Unit ordinance will not directly alter the present or planned land use of a specific area. Pursuant to State Law (Section 65852.2) Second Dwelling Units are a permitted use and are categorically exempt from CEQA. 18 - 22. The Second Dwelling Unit Zone Code Amendment is not associated with any specific development. It will not substantially affect utilities, schools, police, fire, emergency or other public services. The proposed program will not alter or result in the need for sewer, solid waste, hazardous waste or other systems. The proposed amendment will not increase noise levels, light or glare or deal with hazardous substances. 23 - 24. The density of any residential area within the City will not be directly affected by this proposed Zone Code Amendment, since it is strictly administrative. Although a Second Dwelling Unit would be permitted within specific residential zones of the City, Second Dwelling Units would be consistent with the City's General Plan and are categorically exempt from CEQA. 25 - 30. The proposed amendment will not substantially affect parking, generate substantial traffic, or alter existing transportation systems. This proposed Zone Code Amendment is not affiliated with any specific development project and will not interfere with emergency evacuation response plans or increase traffic hazards to motorists, pedestrians and bicyclists. 31. In that no specific development is proposed with this Zone Code Amendment, no scenic vistas will be obstructed and aesthically offensive views will not be created by the implementation of the proposed Zone Code Amendment. 32. The proposed Zone Code Amendment will not affect the quality or quantity of existing recreational opportunities. 33 - 36. Since this project does not propose any site specific development, and as indicated above, does not effect geological, biological, human, or cultural resources, neither long term or cumulative, no sigmficant environmental impacts will result from this project. -7- e w 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 project, and g) no project alternative. Project alternatives are required when there is evidence that the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources Code Section 21002 forbids the approval of projects with sigmficant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A "significant effect" is defined as one which has a substantial adverse impacts. If the project has "NO" significant impacts than there is no substantial adverse impacts and no justification for requiring a discussion of alternatives, (There is no alternative to no substantial adverse impact). This project has no significant impacts therefore no alternatives are required. -8- m 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 significant effect on the environment, and a NEGATl 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 requir Therefore, a Notice of Determination has been prepared. - 1 find 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 significant effect on the environment, and an ENVIRONMENT IMPACT REPORT is required. g - i 2.4 A 3 (-2. \ " ,, ,UL? /> LLL Date Signature @/I+ 3 Date Planning Direct= u LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -9- .. a APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIW THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature CD:lh -1 0-