HomeMy WebLinkAbout1994-08-03; Planning Commission; Resolution 36951
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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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 3rd day of August,
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AYES: Chairperson Savary; Commissioners Welshons,
Nielsen, and Noble.
NOES: Commissioners Erwin and Monroy.
7 ABSENT: None.
a ABSTAIN: None.
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l3 ATTEST:
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CARLSBAD PLANNING COMMI
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PLANNING DIRECTOR
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PC RES0 NO. 3695 -2-
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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
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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.
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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)
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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?
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YES
(insig)
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N(
1 -
1 -
1 -
1 -
E -
E -
1 -
E -
>
E
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> -
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?
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YES
(insig)
YES
(sig)
Nc
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A -
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A -
Nc
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1 A -
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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?
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YES
big)
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YES
(insig)
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N(
? -
7 1 -
7 1 -
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1 1 -
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? -
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)
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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.
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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.
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,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.
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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
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Dhe ' Planning Direct& '1
LIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
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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
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