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Home My WebLink About1994-05-18; Planning Commission; Resolution 3653e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 j 20 21 22 23 24 25 26 27 28 /I PLANNING COMMISSION RESOLUTION NO. 3653 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, CHAPTERS 21.44 AND 21.45 OF THE CA€USBAD MUNICIPAL CODE BY AMENDING SECTIONS 21.44.020(a) (2), 21 .#.05O(a) (1) AND 21.45.090(c) TO REVISE PARKING REQUIREMENTS FOR ZONE. CASE NAME: R-W ZONE PARKING REQUIREMENTS CASE NO: ZCA 93-08 WHEREAS, the Planning Commission did on the 18th day of May, 1 a duly noticed public hearing as prescribed by law to consider said request, am WHEREAS, at said public hearing, upon hearing and considering all t and arguments, exanlining the initial study, analyzing the information submittzd and considering any written comments received, the Planning Commission consi factors relating to the Negative Declaration. RESIDENTIAL PLANNED UNIT DEVELOPMENTS IN THE R-W NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning COI as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of the Negative De according to Exhibit "ND", dated March 30, 1994, and "PII", dated L 16, 1993, attached hereto and made a part hereof, based on the i fir,dings: Fin.dins. 1. The initial study shows that there is no substantial evidence that the prc have a significant impact on the ellviroxunent. as.* e... ~ I 11 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o I 21 I 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 18th day of May, 19! following vote, to wit: AYES: Chairperson Savary, Commissioners: Betz, Hal Schlehuber & Welshons. NOES: Commissioner Erwin. ABSENT: None. ABSTAIN: None. ATTEST: A 1 A.L".J"/ PEGGf gfiARY, Chairpersd CARLSBAD PLANNING COMMl PLANNING DIRECTOR PC RES0 NO. 3653 -2- NEGATIVE DECLARATION PROJECT' ADDRE!B/LOCATION: Citywide PROJECT' DESI[=RIPTION: Zone Code Amendments to Chapters 21.44 and 21.45 of t Carlsbad Municipal Code to delete wording requiring son parking spaces in residential zones to be "coverable" and clarify parking requirements for residential Planned Ur Developments. The City of Carlsbad has conducted an environmental review of the above described proje pursuant to the Guidelines for Implementation of the California Environmental Quality A and the Environmental Protection Ordinance of the City of Carlsbad. As a result of sa; review, a Negative Declaration (declaration that the project will not have a significar impact on the environment) is hereby issued for the subject project. Justification for th action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Plannir. Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from tk public are invited. Please submit comments in writing to the Planning Department withi 30 days of date of issuance. If you have any questions, please call Brian Hunter in tk Planning Department at (619) 438-1161, extension 44 . DATED: MARCH 30,1994 fdbh / h@HAEL J. HOLZMlLwER CASE NO: ZCA 93-08 Planning Director CASE NAME: R-W ZONE PARKING REQUIREMENTS PUBLISH DATE: MARCH 30, 1994 EB:vd:uI 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 (61 9) 438-1 161 0' 0 ENvlRONMENTAL WAC"' ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA! BACKGROUND DATE: Decembe 1. CASE NAME: R-W Zone Parking Reauirements 2. APPLICANT: Steven Stipe 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PO Box 5201 ' San Clemente. CA 92674 (714) 498-9604 4. DATE EIA FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: Revisions of Chapters 21.44 and 21.45 of the MuniciI delete wordinn reauirinn some parkinn sDaces to be "Coverable" and to clan reauirements for residential Planned Unit DeveloDments. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City c Environmental Impact Assessment to determine if a project may have a significant effect on the en The Environmental Impact Assessment appears in the following pages in the form of a chec checklist identifies any physical, biological and human factors that might be impacted by the propc and provides the City with information to use as the basis for deciding whether to prepare an Env Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that tht any of its aspects may cause a significant effect on the environment. On the checklist, "h checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any as project may cause a significant effect on the environment. The project may qualify for Declaration however, if adverse impacts are mitigated so that environmental effects can insimificant. These findings are shown in the checklist. under the headings '"YES-sig" and respectively. A discussion of potential impacts and the proposed -mitigation measures appears at the end of the DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to mitigation for impacts which would otherwise be determined significant. a- 0 PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 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 come or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? YES (sig) - - - - - - - - 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 (hi@ - - - - - - - - - - - NC X - X - X - X - X - X - X - X - X X - - X - 0, 0 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)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? YES (sig) - - 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? - - 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 (sig) - - -3- YES r (insig) - - - - - - - - - YES r (hi@ - - - - 0 ” 0 HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES big) 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 mUor 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 Wig) - - - - - - - - - - - - - - h - - - - - - - - - - - - - - 0' 0 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 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 r <sig> (big) - - - - - - - - - - - - -5- 0' 0 DISCUSSION OF ENVIRONMENTAL EVALUATION The proposed zone code amendments consist of revised wording for two chapters of the M Code. The first would delete existing wording in Chapter 21.44 (Parking) which requires 1 parking spaces for residential structures in residential zones to be located such that, if not cover can be covered later (i.e., to be located not within the required setbacks). The second woul wording in Chapter 21.45 (Planned Unit Developments) to clarify the parking requireml residential PUD's. The current wording requires that PUD units provide two covered parkin; (except for studios). The new wording would allow one of the required spaces to be open (unc for residences in the R-W (Residential Waterway) Zone. This wording would be consiste wording in the Parking chapter which requires only one of the spaces to be covered. PHYSICAL ENVIRONMENT 1/4 No site-specific project is proposed as part of these zone code amendment. Therefore, 1 in topography resulting in unstable earth conditions, erosion of soils, or alteration of pattern will occur. 5/8 Because no site-specific project is proposed as part of these zone code amendment, no air quality or climatological indices are expected. Each subsequent project processed I the amended regulations will be subject to individual, site-specific review which wi potential impacts to water courses and the quality and quantity of various water sour( 9/10 No site-specific devehpment is proposed with these zone code amendments. Thereforc code amendment will not deplete any natural resources or other form of energy. 11 Because no site-specific project is proposed, no impacts to historical resources will occ BIOLOGICAL 12/16 Because this zone code amendment proposes no actual development, no impacts to th of flora or fauna, condition of ecosystem, or agricultural areas or farmlands are anticip: site-specific will be reviewed for possible biological-related impacts on a project-by-prc HUMAN ENVIRONMENT 17 These zone code amendments do not propose any changes in land use patterns. Thc regulations will not directly alter the present or planned land use of a specific area. i development application processed pursuant to these regulations, shall be required t specific environmental review. 18/22 The amended regulations are not associated with any specific development. The: substantially affect utilities, schools, police, fire, emergency or other public services no] alter or result in the need for sewer, solid waste, hazardous waste or other systems. Tht amendments will not increase noise levels, light or glare or deal with hazardous substancl projects processed pursuant to these regulations shall be required to address and 2 mitigate associated service and public facility impacts. -6- 0' 0 23/24 The density of any residential area within the City will not be directly affected by th4 zone code amendments, since they are not site-specific. Housing demand will not be , 25/30 The proposed amendments will not generate additional traffic, or alter existing tra~ systems. The proposed zone code amendments are not affiliated with any specific de project and will not impact emergency evacuation response plans or increase traffic motorists, pedestrians and bicyclists. 31 In that no specific development is proposed with these zone code amendments, no scenic be obstructed. Aesthetically offensive views will not be created by the implemental proposed amended regulations. 32 The proposed zone code amendments will not affect the quality or quantity of existing rl opportunities. Projects processed pursuant to these regulations shall still be required recreational amenities, as necessary. -7- I) e mwysrs 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. Project alternatives are required when there is evidence that the project will have a significant impact on the environment and an alternative would lessen or mitigate those adverse impacts Resources Code Section 21002 forbids the approval of projects with significant adverse impac feasible alternatives or mitigation measures can substantially lessen such impacts. A "significar is defined as one which has a substantial adverse impact. If the project has "NO" significant than there are no substantial adverse impacts and no justification for requiring a discu alternatives, (There is no alternative to no substantial adverse impact). This project has no si$ impacts. Therefore no alternatives are required. -8- U 0 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 DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, 1 environmental effects of the proposed project have already been considered in conjur previously certified environmental documents and no additional environmental review j Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environmen not be a significant effect in this case because the mitigation measures described on an am 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 ENVIRC IMPACT REPORT is required. i ~ .- .. I -+/ /I Date ,. " 3/33/5t/ Date LIST MITIGATING MEASURES (IF APPLiCABLE) ATTACH METIGATION MONETORING PROGRAM (IF APPLICAsLE) -9- ct 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 EB:lh -1 0-