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HomeMy WebLinkAbout1994-07-20; Planning Commission; Resolution 36841- " 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 PLANNING COMMISSION RESOLUTION NO. 3684 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA IECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AMENDING TITLE 21 , CHAPTER 21.43, SECTIONS 21.43.020 AND 21.43.040, 01: THE CARLSBAD MUNICIPAL CODE, BY THE DELETION OF ADULT NEWSRACKS FROM THE REQUIREMENTS OF THE ADULT ENTERTAINMENT ORDINANCE. CASE NAME: ADULT ENTERTAINMIENT ORDINANCE CASE NO: ZCA 94-02 WHEREAS, the Planning Commission did on the 20th day of Ju hold a duly noticed public hearing as prescribed by law to consider said reque WHEREAS, at said public hearing, upon hearing and consid testimony and arguments, examining the initial study, analyzing the inf submitted by staff, and considering any written comments received, the Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co: 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 Declaration 2 to Exhibit "ND", dated June 1, 1994, and "PIT", dated May 10, 1994, hereto and made a part hereof, based on the following findings: Findinffs: 1. The initial study shows that there is no substantial evidence that the prc have a significant impact on the environment. .... .... .... -1 .... .... I’ .). e e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 20th day of July, the following vote, to wit: 1 2 3 4 5 6 7 AYES: Chairperson Savary; Commissioners Welshons, Erwi: Compas, Monroy and Nielsen. NOES: None. ABSENT: None. 8 ll ABSTAIN: None. 9 10 11 12 13 ATTEST: * Yrkl ARy,c=z CARLSB.4D PLANNING COMM 14 15 16 17 18 19 PLANNING DIRECTOR 2o ~ 21 22 23 11 24 25 26 II 27 28 1 11 PC RES0 NO. 3684 -2- NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Citywide PROJECT DESCRIPTION: Revisions to Chapter 21.43 of the hdunicipal Code to dele adult newsracks from the regulatory provisions of the ad1 entertainment ordinance. 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 wid not have a significa impact on the environment) is hereby issued for the subject project. Justification for tl action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Pld Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from tl public are invited. Please submit comments in writing to the Planning Department with 30 days of date of issuance. If you have any questions, please calll Elaine Blackbum in tl Planning Department at (619) 438-1161, extension 4471. DATED: JUNE 1,1994 CASE NO: ZCA 94-02 Planning Director CASE NAME: ADULT ENTERTAINMENT ORDINANCE PUBLISH DATE: JUNE 1, 1994 2075 Las Palmas Drive Carlsbad. California 92009-1 576 - (61 9) 438-1 1 t e 0 ENvlRONMENTAL IMPACT ASSESSMENT FORM! - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 1 DATE: May 10, BACKGROUND 1. CASE NAME: Adult Entertainment Ordinance 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 :Las Palmas Drive Carlsbad, CA 92009 (619') 438-1161 extension 1 4. DATE ELA FORM PART I SUBMIlTED: 5. PROJECT DESCRIPTION: Revisions to ChaDter 21.43 of t:he Municid Code to ( newsracks from the remlatory movisions of the adult entertainment ordinance. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City t Environmental Impact Assessment to determine if a project may have a significant effect on the er 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 ble impacted by the prop( and provides the City with information to use as the basis for deciding whether to prepare an Em Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that thr any of its aspects may cause a significant effect on the environment. On the checklist, "r checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any a: project may cause a sinnificant effect on the environment. The project may qualify for Declaration however, if adverse impacts are mitigated so that environmental effects can insinnificant. 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. e ab 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 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? YES (sig) - - - - - 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? -2- YES (insit31 - - - - - - - Nl - - - - - - - - - - - e e BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY 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 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 WIU 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 Wg) - -3- YES (insig) - - YES (insig) - N - - - - - If - - 0 0 HUMANENVIRONMENT 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 (big) - - - - - - - - - - - N - - - - - - - - - - - - - - 0 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES r big) (insig) 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 occm 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? - - - - - - - - - -5- 0 e . DISCUSSION OF ENVIRONMENTAL EVALUATION Item Descxiptioz This item is a zone code amendment to the adult entertainment ordinancl amendment will delete adult newsracks from the regulatory provisions of the adult enterta ordinance. This change is being made at the request of the City Attorney. The result of the amel is that adult material newsracks will be treated like all other newsracks rather than' a: entertainment establishments. There is no site specific project associated with this change. PHysrcAL ENVIRONMENT No site-specific project is proposed as part of this zone code amendment. Therefore, there wil resulting changes in land form, earth conditions, sand deposits, air quality, climate, water res or cultural resource sites. BIOLOGICAL This zone code amendment proposes no actual development. Therefore, no impacts to the dive flora or fauna, condition of ecosystems, or agricultural areas or farmlands are anticipated. Ea specific will be reviewed for possible biological-related impacts on a project-by-project basis. HUMAN ENVIRONMENT This zone code amendment does not propose any changes in land use patterns. The a~ regulations will not directly alter the present or planned land use of a specific area. Any development application processed pursuant to these regulations, will be required to undergo environmental review. -6- 0 e mwysrs 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 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 "significan 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 discus alternatives, (There is no alternative to no substantial adverse impact). This project has no sig impacts. Therefore no alternatives are required. -7- 0 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 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 i Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment not be a significant effect in this case because the mitigation measures described on an atta 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 ENVIRO IMPACT REPORT is required. ,? ,- ,f :< ,- ; </? i/ ..- ;,I /.' < " ,, /fz3- 'rdy?&,,4,1< ,f Date I Signature - j_ - I ,--- 5Jj5:/f?, LIST MITIGATING MEASURES (IF APPLICABLE1 ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 -8- e * . APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REMEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature F.B:lh -9-