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HomeMy WebLinkAbout1994-08-03; Planning Commission; Resolution 36951 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 I 24 i 25 ' 26 27 28 ~ II e . PLANNING COMMISSION RESOLUTION NO. 3695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ( CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AI LOCAL COASTAL PROGRAM AMENDMENT TO AMEND CHAPTI 21.70 OF THE CAFUSBAD MUNICIPAL CODE TO MAKE TI CHAPTER APPLICABLE TO ANY PROJECT FOR WHICH DEVELOPMENT AGREEMENT IS PROPOSED; TO CHANGE A REFERENCES TO LAND USE PLANNING MANAGER TO PLANNIP DIRECTOR; AND TO ADD ADDITIONAL, REQUIREMENTS F( DEVELOPMENT AGREEMENTS. CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT CASE NO: ZCA 94-01/LCPA 94-01 WHEREAS, the Planning Commission did on the 3rd day of Aug~ hold a duly noticed public hearing as prescribed by law to consider said reques WHEREAS, at said public hearing, upon hearing and considering all 1 and arguments, examining the initial study, analyzing the information submittec and considering any written comments received, the Planning Commission cons 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 Dc according to Exhibit "ND", dated May 16, 1994, and "PII", date 1994, attached hereto and made a part hereof, based on the findings: FindinRs: 1. The initial study shows that there is no substantial evidence that the prop' code amendment may have a significant impact on the environment. 2. The proposed Zone Code Amendment and Local Coastal Program Amendrr associated with any development project and therefore will not have a s adverse impact on the environment. 0 e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 3rd day of August, 1 2 3 I/ the following vote, to wit: 4 5 6 AYES: Chairperson Savary; Commissioners Welshons, Nielsen, and Noble. NOES: Commissioners Erwin and Monroy. 7 ABSENT: None. a ABSTAIN: None. 9 10 11 12 l3 ATTEST: 14 : ? CARLSBAD PLANNING COMMI 15 16 17 18 PLANNING DIRECTOR l9 I1 20 21 22 23 24 25 26 27 /i 28 PC RES0 NO. 3695 -2- I1 NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Citywide, City of Carlsbad PROJECT DESCRIPTION: A Zone Code Amendment to modify the Developmc Agreements chapter of the code to make it applicable to 2 project for which a development agreement is proposed. 1 chapter can presently only be utilized by projects providj housing for persons of low to moderate income. Other relal modifications are proposed to the chapter. The City of Carlsbad has conducted an environmental review of the above described proj 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 st review, a Negative Declaration (declaration that the project vvill not have a signlfic; impact on the environment) is hereby issued for the subject project. Justification for t action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents; is on file in the Plm Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from ’ public are invited. Please submit comments in writing to the Pl,anning Department wid 30 days of date of issuance. If you have any questions, please call Don Neu in * Planning Department at (619) 438-1161, extension 4446. DATED: MAY 16, 1994 CASE NO: ZCA 94-01/LCPA 94-01 ,/lil” - MICHAE:L J. H~LZMILLER f P1anning Director CASE NAME: DEVELOPMENT AGREEMENTS ZONE CODE AMENDMENT PUBLISH DATE: MAY 16,1994 DN:vd 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 1 ST,& OF CALIFORNIA 0 0 PETE WlLSOl ~ GOV~F"XT OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 ,f: b 1 June 13, 1994 DON NEU CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 Subject: ZCA 94-01/LCPA 94-01 - DEVELOPMENT AGREEMENTS ZONE CO AMEN SCH X: 94051039 Dear DON NEU: The State Clearinghouse submitted the above named environmenta document to selected state agencies for review. The review pe is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Ac Please call Mark Goss at (916) 445-0613 if you have any questi regarding the environmental review process. When contacting t Clearinghouse in this matter, please use the eight-digit State Clearinghouse number so that we may respond promptly. Sin erpy 9 //-\$qj-j)i*\ Michael f!l \Wr Chiriatt V,@ Jr. Chief, State Cloaringhduse - -. 0 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 94-01/LC DATE: Mav 9, 1994 BACKGROUND 1. CASE NAME: Development Ameements Zone Code Amendment 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Drive Carlsbad. CA 92009 (619) 438-1161. ext. 4446 4. DATE EIA FORM PART I SUBMIITED: N/A 5. PROJECT DESCRIPTION: A Zone Code Amendment to mod% the Development k chapter of the code to make it applicable to any proiect for which a development is proposed. The chapter can presentlv only be utilized bv proiects providinn persons of low to moderate income. Other related modifications are proposed to ti 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 checl checklist identifies any physical, biological and human factors that might be impacted by the propo 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 the any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will 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 simificant effect on the environment. The project may qualifv for Declaration however, if adverse impacts are mitigated so that environmental effects can 1 insignificant. These findings are shown in the checklist under the headings 'YES-sigtt and ' respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the 1 DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to mitigation for impacts which would otherwise be determined significant. 0 e 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 big) - 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of he! ar energy? 11. Alter a significant archeological, paleontological. or historical site, structure or object? -2- YES (insig) - - - - N( 1 - 1 - 1 - 1 - E - E - 1 - E - > E - - > - e 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)? YES big) 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the mount 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: YES 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, lire, emergency or other public services? -3- YES (insig) YES (sig) Nc - - - 7 A - 1 A - Nc (h 1 A - 1 A - 0 0 HUMANENVIRONMENT 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? 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) - - - YES (insig) - N( ? - 7 1 - 7 1 - 7 r( - 1 1 - 1 1 - - ? - 7 - 1 - ? - 1 - ? - 1 - 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 N1 (sig) (insig) - - - - - c -3- 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION A development agreement is a contract between a developer and the city under which the city 2 a development project can proceed under the policies, rules and regulations in effect at thr development agreement was entered into. In this way, a developer is able to obtain protectior subsequently enacted amendment to the general plan, zoning ordinance, or other land-useregulatio enacted by the legislative body. or by the voters through an initiative. California Government Ca 65865 allows local governments to enter into an agreement with any person having a legal 01 interest in real property for the development of the property. It also requires local government request of an applicant to establish procedures and requirements for the consideration of de agreements upon the filing of an application. Chapter 21.70 of the Carlsbad Municipal Code presently contains provisions for development a; This project is not a specific development, but rather an amendment to an existing chapter of ' ordinance. The proposed zone code amendment makes the existing zone code chapter applica project for which a development agreement is proposed. The chapter can presently only be ' projects providing housing for persons of low to moderate income. It also removes the reference providing housing for persons of low to moderate income and replaces it with requirements fc purporting to provide economic benefits to the city. An additional finding is also proposed. The fir is the addition of a requirement that development agreements will not become effective for proj coastal zone until the project has received California Coastal Commission approval. The amendment also serves as a text amendment to the Local Coastal Program. Physical Environment 1 - 4. No development project is proposed at this time. Therefore, no physical alteration of occur as part of this zone code amendment. 5 - 6. No impacts will occur to air quality, movement, odor, moisture, or temperature as no si development is proposed as part of this zone code amendment. 7 - 8. Impacts to the course or flow of water as well as the quantity or quality of surface wat water or public water supply will not be created by this zone code amendment since no s. development is proposed. 9 - 10. This zone code amendment will not deplete any natural resources or result in the substantial amounts of fuel or energy as no physical, site-specific development is prop( 11. Since this zone code amendment does not include alteration of a specific property no irr archeological, paleontological or historical site, structure or object will occur. Biological Environment 12 - 16. No development or site-specific alteration is proposed as part of this zone code ar therefore no impacts to the diversity of plant or animal species, habitat, agricultural farmlands are anticipated. -6- 0 0 Human Environment 17. No site-specific development is proposed as part of this zone code amendment. The a will not directly affect the planned land use of an area. It will however, allow for th development agreement which will provide a greater level of assurance to develc requirements for an approved project will not change. This will increase the likelihood a being constructed. 18 - 19. The amendment to the development agreements chapter of the zoning ordinance is no site-specific development. It will not substantially affect public utilities, schools, p emergency or other public services. In addition, it will not result in the need for new o sewer systems, solid waste, or hazardous waste control systems. Projects for which a de agreement are proposed will still be required to comply with the city's growth rn; program performance standards for public facilities. 20 - 24. An increase to existing noise levels, the creation of new sources of light or glare, the PC a hazardous materials impact, alteration of the population density of an area, or the crf demand for additional housing will not be created by the proposed zone code amendmen specific development project is proposed. The amendment is to an existing chapter of 1 ordinance. 25 - 30. The proposed amendment will not generate substantial additional traffic, affect parkin the existing transportation systems. This proposed zone code amendment is not a si development project and as such will not increase tr&c hazards to motorists, bic pedestrians and will not interfere with emergency response plans. 31. In that no specific development is proposed, no scenic vistas will be obstructed and i offensive views will not be created by the approval of the zone code amendment. 32. The quality or quantity of existing recreational opportunities will not be affected by the zone code amendment. 33- 36. Since this project does not propose any site specific development, and as indicated abovf effect geological, biological, human, or cultural resources, neither long term or cum1 significant environmental impacts will result from this project. -7- 0 e ,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 advt on the environment and an alternative would lessen or mitigate those adverse impacts. Public Code Section 21002 forbids the approval of projects with significant adverse impacts wht alternatives or mitigation measures can substantially lessen such impacts. A "Significant effect" is one which has a substantial adverse impact. If the project has "NO" significant impacts than 1 substantial adverse impact and no justification for requiring a discussion of alternatives, (TI alternative to no substantial adverse impact). This project has no significant impacts therefore no a are required. -8- e 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 I+ DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, bl environmental effects of the proposed project have already been considered in conjun, previously certified environmental documents and no additional environmental review is 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 att; 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 ENVIROI IMPACT REPORT is required. .Yag /c!, l?VY &Yi 7&{ iy Date Signature %/re /q 4- Dhe ' Planning Direct& '1 LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -9- 0 0 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 DN:vd -10-