Loading...
HomeMy WebLinkAbout2001-02-21; Planning Commission; Resolution 4910I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMVIISSION RESOLU’IYON NO. 4910 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION TO SUBDIVIDE 5.04 ACRES INTO 12 RESIDENTIAL LOTS AND I OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED EAST OF BLACK RAIL ROAD BETWEEN POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: BUERGER SUBDIVISION CASE NO.: ZC 99.05/LCPA 99.03/CT 99.lO/HDP 99-08 CDP 99-17 WHEREAS, William and Anita Buerger, “Developer,“/“Owner,” have filed a vcritkd application with the City of Carlsbad regarding property, described as Parcel 1: The northwest quarter of the southwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 Sooth, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, approved April 21, 1890. Parcel 2: The northeast quarter of the southwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the United States Government Survey approved April 21, 1890. Parcel 3: An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government survey approved April 21,189O. (“the Property”); and WHEREAS, a Negative Declaration was prcparcd in conjunction with said project; and WHEREAS, the Planning Commission did on the 21st day of February, hold a duly noticed public hearing as prescribed by law to consider said request; and I 2 3 4 5 6 7 8 9 IO II 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analysing the information submitted by staff, and considering any written comments rcccivcd, the Planning Commission considered all factors relating to the Negative Declaration NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL ofthe Negative Declaration according to Exhibit “ND” dated December 12, 2000 and “PII” dated November 29, 2000, attached hereto and made a part hcrcof, based on the following findings: Findings: I. The Planning Commission of the City of Carlsbad does hereby find: A. it has reviewed, analyred and considered the Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and B. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlshad; and C. it reflects the independent judgment of the Planning Commission of the City of Carlshad: and D. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: I. This approval is granted subject to the approval of ZC 99-05, LCPA 99-03, CT 99-10, HDP 99-08, and CDP 99-17 and is subject to all conditions contained in Planning Commission Resolutions No. 4911, 4912, 4913, 4914, and 4915 for those other approvals. PC RESO NO. 4910 -2. 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 2x PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the Zlst day of February, 2001. by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and TI-igs NOES: ABSENT: Commissioner L’Heurcux ABSTAIN: ATTEST: I Planning Directot PC RESO NO. 4910 - Carlsbad City of NEGATIVE DECLARATION Project Address/Location: The project site is located in the southv.rest quadrant. south of Poinsettia Lane north of Aviara Parhzay on Black Rail Road within the boundaries of the Zone 20 Specific Plan. Project Description: A proposed Local Coastal Program Amendment and zone change to change the zone designation for the site from Limited Control (L-C) to One-Family Residential. (7,500 square foot minimum lot size), Qualified Overlay Zone (R-l-Q)> and Open Space (OS) on a 5.04 acre parcel. Also proposed is a Tentative Tract Map, Hillside Development Permit and Coastal Development Permit to subdivide and grade 12 single-family lots and one open space lot. 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 tile in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. 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 Anne Hysong in the Planning Department at (760) 602-4622. DATED: DECEMBER 12,200O CASE NO: ZC 99-OYLCPA 99.03/CT 99-1 O/HDP 99-OXKDP 99- 17 CASE NAME: BUERGER SUBDIVISION PUBLISH DATE: DECEMBER 12,200O ,635 Faraday Avenue * Carlsbad. CA 92008-7314. (760) 602.4600 - FAX (760) 602-8559 - www.ci.carlsbad.ca.us EN\1RO3NEXTAL I\lPACT ASSESS\lE%-T FOR\1 - P-ART II (TO BE COMPLETED BY THE PLANNISG DEP.4RTMENT) CASE NO: ZC 99.05;LCP.4 99.03:CT 99-10 ‘HDP 99-08 ,CDP 9% I - DATE: No\-eniber 29. 2000 BACKGROUIUI) CASE NAME: Buewer SubdivIsion APPLICA!!T: William and Anita Buerger ADDRESS AND PHOhZ NUMBER OF APPLICANT: 3668 Cvprus Wav. Oceanside. CA 92056 3. 5. DATE EIA FORM PART I SUBMInED: April 6, 1999 PROJECT DESCRIPTION: A urouosed Local Coastal Proeram Amendment and zone chance to g than e the zone desi (7.500 suuare foot minmum lot size). Oualified Overlav Zone (R-l-0). and Open Space (OS) on a 5.04 acre parcel. Also proposed is a Tentative Tract Mm Hillside Developmenr Permit and Coastal Development Permit to subdivide and grade 12 single-family lots and one open space lot. The proiect site is located in the southwest quadrant, south of Poinsettia Lane, north of Avian Parkwav on Black Rail Road within the boundaries of the Zone 20 Specific Plan. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below \vould be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning Ed Transportatio~/Circulation 0 Public Services q Population and Housing 0 Biological Resources 0 Utilities gL Semite Systems q Geological Problems 0 Energy 8r Mineral Resources cl Aesthetics 0 Water q Air Quality q Hazards q Cultural Resources 0 Noise cl Recreation q Mandatory Findings of Significance Rev. 03i28196 DETERMIK4TION. (7-o be complewd by the Lead ;\pency) cl q El Ed q 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. .4 MITIC.4TED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment. and an ENVIROhMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment. but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A(n) Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project. Therefore. a Notice of Prior Compliance has been prepared. la -3-00 Date 2 Rev. 03:2X/96 ENVIRONMEIiTAL IMrACTS STATE CEQA GUIDELINES. Chapter 3. .4rticle 5. Section 15063 requires mat the Cith conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the follovv~in: pages in the form of a checklist. This checklist identifies any physical. biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR). Negative Declaration, or to rely on a previously approved ElR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to. or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation. and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but & potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental E,IR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/2X/96 . If there are one or more potentially significant effects. the City ma!- avoid preparin: a~: EIR if there are mltlgation measures to clearly reduce impacts to less than significant. and those mitigation measures are aLgreed to by the developer prior to public re\.iew In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. . An EIR & be prepared if “Potentially Significant Impact” is checked. and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards. and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect. or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF Eh;VIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev.03128196 Issues (and Supponln~ Informauon Sources)~ I. LAND LISE AND PLANNING. X;ould the proposal:, =I bl cj d) e) Conflict with general plan designation or zonq? (Source e(s): (+I:Pgs 5.6-l 5.6-18; #2: Pzs III-74 - 87) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over tie PrOJEt’! (*l:Pss 5.6-l 5.6-18: #2: Pgs 111.74. 87) Be mcompatibie with ensnng land USC in the vicmit$? ($l:Pgs 5.6-l 5.6-18: #2: Pys III il.87) Affect agricultural resources OT operations (e.g. impacts to soils or farmlands; 01 tipacts from incompatible land uses’? (kl:Pgs 5.6-I 5.6-18: #2: Pes 74 - 87) Disrupt or divide the physical arran_eement of an established community (including a low-income or mmority communiv)? (#l:Pgs 5.6-l 5.6-18: $2: Pgs 74 -87) II. POPULATIOX AND HOUSKG. Would the proposal: =I b) Cl Cumulatively exceed oftiaal regional or local population projections’? (#l:Pgs 5.5-l 5.5-6: ) Induce substantial growth in an area either directly or indirectly (e.g. through pro~rcts in an undeveloped area or extension of major infrastNcture)? (%l:Pgs 5.5-l - 5.5-6) Displace existing housing. especially affordable housing’? (*l:Pgs 5.5-l 5.5-g) III. GEOLOGIC PROBLEMS. Would the mouosal result in or =) b) C) d) Cl fi . expose people to potential impacts involving: FauItruptureV(ii1:Pgsj.l.I -5.1.15;#2: PgsIII- 112 - 118: #3) Seismic ground shaking’? (Pl:Pss 5.1-l 5.1-15: P2: Pgs111~112~11&:#3) Seismic ground failure, including liquefaction? (#l:Pgs i.1-I-5.1.15:112:PgsIII-112~116; #3) Seiche, tsunami, 01 volcanic hazard’? (Xl:Pgs 5.1-l 5.1-15) Landslides 01 mudflows’? (iil:Pgs 5.1-l 5.1-15: #2: PgsIII- 112- 118:#3) Erosion, changes in topography OT unstable soil conditions from excavation, grading, or till? (Pl:P_es j.1.1 5.1-15; X2: PgS III- 112 118: #3) Subsidence ofthe land? (#l:Pg 5.1-l 5.1-15; #2: Pgs 112~llx:#31 Expansive s&? (Xl:Pg 5.1-l 5.1-15; #2: Pgs III - 112-118:P3) Unique geologic or physical features? (#l:Pgs 5.1-I 5.1-15: #3) I\‘. X’ATER. Would the proposal result in a) Changes in absorption rates. drainage patterns, OT the rate and amouni of surface runoff? (#l:Pgs 5.2-l 5..2- 11 ) 5 q q 0 q q q q q q q Cl q q cl IJ q q cl q q q q q q cl q q cl q q q q q q q q 1.w Thx \ II jlglfian: ,::1pii: impm E3 El q q Cl q q q u cl 1x1 q ixl 0 15 q lx q !x q LB q Ed q El q EJ q Ed Rev. 03.‘28/96 Issues (and Supporting Infon..atlon Sourcesi. 6) h) i) Exposure of people or propert) to water related hazards such as flooding? I’l:Pfs 5.2-l -X2-11) Discharge into surface waters “I other alteration of surface water quality (e.g. temperature. dissolved oxygen “T turbidity)? (#l:Pgs 5.2-l 5,.2-l 1) Changes in the amount of surface u-arer in any watei body’(+l:Pps 5.2-l 5.,2-l 1) Changes in currenrs. or the course or direcnon of water movemmts? (#l:Pgs 5.2-l 5.,2-l 1) Changrs in the quanti~ of goud waters, either through dnect additions or withdrawals. or through mtercept,“n of an aquifer by cuts or excavanons or through substantial loss of groundwater recharge capabilit$? (#l:Pgs 5.2-l 5..2-11) Altered direction “r rate of flow of groundwater’? (#l:Pgs 5.2-l 5..2-11) Impacts t” groundwater quality? (#l:Pg 5.2-l 5..2- 11) Substantial reduction in the amount of moundwater othewise available for pubbc water suppl;es’? (tl:Pgs 5.2-l 5.,2-l 1) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an extstmg or proJected air quality violation? (#l:Pgs 5.3. 1 5.3-12) b) Expose sensitive receptors t” pollutants’? (#l:Pg 5.3-l 5.3-12) c) Alter air movement. mmstll~e. or temperahtre. “I cause any chang in climate? (#l:Pgs 5.3-l 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-l 5.3-12) \‘I. TRANSPORTATION/CIRCULAi-IOh’ Would the E) proposal result in: Increased vehicle trips “I traffic congestion’? (#l:Pgs 5.7-l - 5.7.22; #2:Pgs III -58 69) Hazards to safety from de@ features (e.g. sharp curves “I dangerous intersections) “I incompatible uses (e.g. farm equipment)‘? (#l:Pgs 5.7-l 5.7.22: X2: Pgs III-58 - 69) Inadequate emergency access “I access t” nearby uses’? (iil:Pgs 5.7-l 5.7.22: #2: Pgs III - 58. 69) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l 5.7.22) Hazards “I barriers for pedestrians “I bicyclists’! (Xl:Pgs 5.7-l 5.7.22; #2: Pgs III 58 69 ) Conflicts with adopted policies supporting alternative nansponatmn (e.g. bus tnrn”uts. bicycle racks)? (#l:Pgs 5.7-l 5.7.22; ??2: Pes III 58 69) Rail, waterborne “I air traffic impacts? (iil:Pgs 5.7-l 5.7.22) POI~lltl3ll~ SIguficm impacr q q q q q q cl cl Ed q cl q E3 q Cl q q q 0 PoienrKll\ Sl~mficmr Cnlrss \impx,*n incorporarsd q q q q q q q q q q q cl q q q q q q q Lw Thin \I, S~emt~lcml IW)>X i”,pK! q q , q q q q q q q q q q q q q q q q q Rev. 03128196 \‘Il. BIOLOGICAL RESOLXCES. would the proposal result I” mpacrs to: a) Endaneered. threatened or rare species or their habitats (including but not limited to plants. fish. insecrs. animals. and birds? i;l:Pfs 5.4-I 5.1-24: $2: Pgs III 37 57: ri5) b) Locaily designated speaes (e.g. heritage trees)‘? (iil:Pg 5.4-l 5.4-24) c) Locally designated natural communities (e.g. oak forest. coastal habitat. etc.)? i:l:Pgs 5.4-l 5.4-24: ‘2: Pzs III - 37 -5 7: #5) d) \?etland habitat (e.g. marsh. riparian and vernal pool)‘? i*l:Pgs 5.4-l 5.4-24: r?: Pgs III - 37 - 57: -5) c) Wildlife dispersal or migration corridors’? (#l:Pgs 5.4-I 5.4-24: P_es III 37 -57) VIII. ENERGY AND MINER4L RESOLJKES. Would the proposal’? a) Conflict with adopted energy conservation plans’? (Xl:Pgs 5.12.1-l - 5.12.1-5 &5.13-l - 5.13-9) b) Use non-renewable resources in a wasteful and inefficient manner? (#l:P_cs 5.12.1-l -5.12.1-5 8r 5.13. 1 5.13-93 c) Result in the loss of availability of a known mineral resource that would be of future value to the region and theresidents ofthe State? (XL:Pgs 5.12.1-l 5.12.1-5 & 5.13-l - 5.13-9) I>;. HAZARDS. Would the proposal involve: b) Cl 4 e) A risk of accidental explosion or release of hazardous substances (including. but not lImited ro: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-I 5.10.1-S) Possible interference with an emergency response plan 01 emergency evacuation plan? (#l:Pgs 5.10.1-I 5.10.1-5) The creation of any health hazard or potential health hazards’?(#l:Pgs 5.10.1-I -5.10.1-j: #2: PgslII-97- 105: #4) Exposure of people to existing sources of potential health hazards? (#l:Pg~ 5.10.1-l 5.10.1-5; #4) Increase iire hazard in areas with flammable brush. grass, or trees? (#l:Pgs 8.10.1-1 5.10.1-5) x. NOISE. Would the proposal result in a) Increases in existing noise levels? (#l:PgS 5.9-l 5.9- 15; X2: Pgs III 88 96) b) Exposure ofpeople to severe noise levels’? (#l:Pgs 5.9. 1 - 5.9-15; #2: P&y III 88 96) XI. PUBLIC SERVICES. W-ould the proposal have an effect upon. or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-l 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-l - 5.12.6-4) C) Schools? (#l:Pg~ 5.12.7.1 - 5.12.7-5) cl Cl q q q q q q q q cl cl 0 q q q El q q rzd q q --. El q q LB q q Es q q Lx3 q q Ed q q ixi 0 q lsI q q •l Cl cl IXI 0 q ISI cl q lz q q El q q Ix1 q 0 15 q q El El HEi Rev. 03/2X/96 di Maintenance ofput.~ facilities. in&dins roads? ci Other governmental senxes’? (-1:Pgs 5.12.1-l 512.8-7) XII. IITILITIES AKD SER\TCES SYSTEMS. M’ould the =I b) Cl d) 5) 0 a XIII. a) b) Cl XIV. =I b) C) d) e) proposal result in a need for new systems OT supplies, or substantial alterations to the followng utilities: Power or natural gas? (iiI:Pgs 5.12.1-l 5.12.1-5 K. 5.13-I - 5.13-9) Communications systems? Local 01 regional water treatment or disniburion faciiities? (:l:Pgs 5.12.2-I 5.12.3-i) Sewer or septic ranks’? (i-1:Pgs 5.12.3-I 5.12.3-i: $2: PgsIIl- 110- 111) Storm water dramage? (#I:Pg 5.2-8; *2 Pgs III 110 111) Solid waste disposal? (#I:Pgs 5.12.4-l 5.12.4-3) Local or regional water supplier? (iil:Pgs 5.12.2-I 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista 01 scenic highway’? (i;l:Pgs 5.11-l -5.11.5;XZ: PgsIII~119. 151) Have a demonstrated negative aesthetic effect? (#I:Pgs 5.11-l -5.11-5;#2: pgsIII~119~ 151) Create light or glare? (#l:Pgs 5.1 I-1 5.1 l-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontologica1 resources? (#l:Pgs 5.8-l - 5.8. 10; X2: Pgs III 106- 107) Disturb archaeological resources? (#l:Pgs 5.8-l 5.8. 10; #2: Pgs III - 70 - 73) Affect historical resources? (#l:Pgs 5.8-I j&IO; #2: Pgs III - 70 - 73) Have the potential ro cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8. I 5.8-10; #2: Pgs III - 70 - 73) Restrict existing religious or sacred uses within the potential impact area? (Pl:Pgs 5.8-I 5.8-10; #2: Pgs III - 70 - 73) XYRECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-l 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-l - 5.12.8-7) El E q El cl q q q q q q q q q q q q q q H q q H q Cl q q q q q q q q q El cl q q q Cl q q q q q q 0 q q 8 Rev. 03128196 h) Cl XVII. MAiiDATORY FbDISGS OF SIGSIFICASCE. Does the pro@ have the potential to dc?radc ths qualit) of the environment. substannally reduce rhc habitat of a fish or wildhfe specks. cause a fish or wildlife populauon to drop belox self-sustnming levels, threaten to eliminate a plant or ammal communit). reduce the number or restricr the range of a rare or endangered plant or animal or eliminate imponant examples of the major periods of California histor) or prehistq’? Does the project have nnpacts that are indlvidualiy limited. bur cumulatively considerable’? (“Cumulatively considerable” means that the incremental effects of a projecr are considerable when viewed in connection with the effects of past projects. the effects of other cunent projects, and the effects of probable future projecrs)‘! Does the project have environmental effecrs which will cause the substantial adverse effects on human beings. either directly or mdirectiy? EARLIER ANALYSES, q q q III 17 q 0 q q Earlier analysis of this proposed single-family residential project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93- 01). The MEIR is cited as source #I in the preceding checklist. This proposal is consistent with the applicable portions of the General Plan and is considered a project that was described in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to the project have been incorporated into this project. The project site is also located within the boundaries of the Zone 20 Specific Plan approved by the City Council in 1994. Program EIR 90-03, which was certified for the Zone 20 Specific Plan in 1991, identified, analyzed, and recommended mitigation to reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities, soils/geology, and visual aesthetics that could result from development of the specific plan area. The PElR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the Zone 20 PEIR mitigation measures, and through the analysis of the required additional geotechnical, hydrology, and pesticide residue analyses. a determination has been made that no additional significant impacts beyond those identified and mitigated by the PEIR will result from this project. The following environmental evaluation briefly explains the basis for this determination. The Zone 20 PEIR and additional technical studies are cited as source documents. 9 Rev. 03128196 DISCUSSION OF ENVIRONMENTAL EVALUATION .4. PROJECT DESCRIPTION/ENVIRONMENT.4L SETTING The project site is 5.04 acres (4.02 net acres) in size and is located between Aviara Parkway and Poinsettia Lane, on the east side of Black Rail Road,The entire property has been disturbed due to past horticultural operations. The site is currently vacant except for wo remaining structures (office and shed). The project consists of the subdivision and grading of 12 standard single- family lots (minimum 7,500 square feet) and 1 open space lot. No homes are proposed on the lots at this time. Approximately 25,400 cubic yards of grading are proposed with 5.400 cubic yards of import needed to create building pads. The site is designated by the General Plan for Residential Low Medium (RLM O-4 D&AC) density land use and zoned Limited Control (L-C). A zone change and local coastal program amendment are proposed to rezone the site to One-Family Residential. 7.500 square foot minimum lot size, Qualified Overlay Zone (R-l-Q) to correspond to the existing RLM General Plan designation. The project also requires approval of a tentative tract map, hillside development permit and coastal development permit. B. ENVIRONMENTAL ANALYSIS 1. LAND USE AND PLANNING: The project includes a zone change and Local Coastal Program Amendment to change the zoning of the property from Limited Control (L-C) to One Family Residential/Qualified Overlay Zone (R-1-Q). The change is consistent with the underlying Residential Low Medium (RLM) density General Plan and Mello II LCP land use designation allowing 0 - 4 dwelling units per unconstrained acre thereby creating no conflicts with existing land use plans. V. AIR QUALITY: In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases. oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted, The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the 10 Rev.03:28/96 design of the project or are included as conditions ofproject appro,,al Operation-related emissions are considered cumulatively significant because the projccr is located within a ‘non-attainment basin”. therefore. the “initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent vvith the General Plan. therrforc. the preparation of an EIR is not required because the certification of Final Master EIR 93-01. hy. City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Final Master EIR. This project is within the scope of that hlElR This document is available at the Planning Department. VI. CIRCULATION: In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased traffic volumes. Roadway segments wiil be adequate to accommodate build-out traflic; however, 12 full and 2 partial intersections will be severely impacted bv regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections alon, u Carlsbad Boulevard. Even with the implementation of roadway improvements. a number of intersections are projected to fail the City’s adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General, Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes. additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan. therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. A MEIR may not be used to review projects if it was certified more than tivc years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have 11 Rev. 03/28!96 been known at the timt the MEIR was certified. Therefore. tile MEIR remains adcqurc to review later projects. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City. of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad. California. 9200s. (760) 602-4600. 1. Final Master Environmental Impact Reuort for the City of Cnrlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 2. Final Program Environmental Impact Report for the Zone 20 Specific Plan (PEIR 90-03) dated June 1992. Brian F. Mooney Associates. 3. “Geotechnical Investigation for Buerger Property, Carlsbad, California”. prepared b! Geocon, dated November 20, 1998 and follow-up letter dated July 15. 1999. 4. “Limited Soil Sampling and Analysis Report - Buerger Property. Carlsbad. California”. prepared by Geocon, dated August. 1998, and “Buerger Property Carlsbad. California Waste Classification”, prepared by Geocon, dated September 18, 1998. 5. Letter dated June 21, 1999 from Paul Walsh, Biologist, Dudek & Associates. Inc. 12 Rev. 03/28/96