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HomeMy WebLinkAbout2004-01-20; City Council; 17475; Cannon liftAB# 17,475 MTG. 1/20/04 DEPT. PLN# CITYMGR TITLE: CANNON LIFT ZONE CHANGE ZC 03-02lLCPA 03-04 RECOMMENDED ACTION: Project application(s) Administrative Reviewed by and Approvals Final at Planning Commission Environmental Review - Negative Declaration Zone Change/ZC 03-02 Local Coastal Program Amendment/ LCPA 03-04 That the Council INTRODUCE Ordinance No. , APPROVING Zone Change ZC 03-02, and ADOPT Resolution No. 2004-027 ADOPTING a Negative Declaration and APPROVING Local Coastal Program Amendment LCPA 03-04, based on the findings and subject to the conditions contained therein. NS-691 Reviewed by and Final at Council X X X ITEM EXP LAN AT1 0 N : The proposed project involves a Zone Change (ZC 03-02) and a Local Coastal Program Amendment (LCPA 03-04) to change the zoning on two small parcels on the southeast side of Cannon Road from R-3-Q (Multiple Family Residential with Qualified Overlay) to 0-S (Open Space). The Zone Change is necessary to correct an inconsistency between the General Plan designation on the property (OS) and the current residential zoning. The LCPA is necessary to maintain consistency between the zoning shown on the City's Zoning Map and that of the Local Coastal Program. The project site consists of two small parcels totaling 1.6 acres. The easternmost (approximately 4,000-sf) lot contains the existing temporary sewage lift station. The larger (1.48-ac) westernmost lot contains the existing detention basin. (The temporary lift station will be replaced by a permanent lift station later this year pursuant to the February, 2003 approval of CUP 02-11 for the permanent lift station.) The two parcels were created (originally as easements) specifically for the existing uses by the project approvals for the Kelly Ranch development. The project site has a General Plan designation of Open Space (OS) and R-3-Q zoning. The parcels were given an OS General Plan designation because they were contiguous to permanent open space and it was known that they would not be developed with any uses other than the planned detention basin and lift station. The two current parcels existed originally as easements. The proposed zone change and local coastal program amendment were heard by the Planning Commission at a public hearing on November 19, 2003. The Commission voted unanimously to recommend adoption of the Negative Declaration and to recommend approval of ZC 03-02 and LCPA 03-04. ENVIRONMENTAL: Based on an environmental impact assessment conducted by staff, the Planning Director prepared a Negative Declaration. On July 22, 2003, a Notice of Intent to adopt a Negative Declaration for the I PAGE 2 OF AGENDA BILL NO. 17 9475 project was published. No written comments were received during the 30-day public review period. Because this project involves an LCPA, staff also published a notice for a six-week review period for the proposed LCPA. The six-week review period opened on July 24, 2003 and closed on September 4, 2003. No Comments were received. FISCAL IMPACT: No fiscal impacts are associated with this zone change and local coastal program amendment. The only intended uses for the site (a sewage lift station and a detention basin) already exist. EXHl BITS: 1. City Council Ordinance No. NS-691 2. City Council Resolution No. 2004-027 3. Location Map 4. 5. 6. Planning Commission Resolutions No. 5452, 5453 and 5455 Planning Commission Staff Report, dated November 19, 2003 Excerpts of Planning Commission Minutes, dated November 19, 2003. DEPARTMENT CONTACT: Elaine Blackburn, (760) 602-4621, eblac@ci.carlsbad.ca.us 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 28 ORDINANCE NO. NS-691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 03-02, FROM R-3-Q TO 0-S ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST SIDE OF CANNON ROAD WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: CANNON LIFT ZONE CHANGE CASE NO,: ZC 03-02 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That the City’s zoning map is hereby amended as shown on the map marked Exhibit “ZC 03-02” attached hereto and made a part hereof, pursuant to Section 21.050.30 of the Carlsbad Municipal Code. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5453 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th day of January , 2004, and thereafter Ill Ill Ill Ill Ill Ill 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 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the , 2004, by the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ordinance No. NS-691 Page 2 -2- PROPERTY ZONE CHANGE ZC: 03-02 draft 0 final 0 I Project Name: CANNON LIFT ZONE CHANGE I Related Case File No(s): LCPA 03-04 Legal Description(s): Lots 82 and 171 of Map No. 14340 5 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 28 RESOLUTION NO. 2004-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING A ZONE CHANGE AND LOCAL COASTAL PROGRAM AMENDMENT TO REZONE 1.6 ACRES GENERALLY LOCATED ON THE SOUTHEAST SIDE OF CANNON ROAD, WEST OF EL CAMINO REAL, IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: CANNON LIFT ZONE CHANGE CASE NO.: ZC 03-021LCPA 03-04 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did on November 19, 2003, hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration, Zone Change 03-02 and Local Coastal Program Amendment 03-04 to rezone 1.6 acres of land from Multiple Family Residential with a Qualified Overlay (R-3/Q) to Open Space (0-S), and adopted Planning Commission Resolutions No. 5452, 5453, and 5454 recommending to the City Council that they be approved; and WHEREAS, the City Council did on the 20th day of January , 2004 hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration, Zone Change, and Local Coastal Program Amendment and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Negative Declaration, Zone Change, and Local Coastal Program Amendment. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 5452, 5453 and 5454 constitute the findings of the City Council in this matter. 3. That the Negative Declaration, Zone Change and Local Coastal Program Amendment, ZC 03-02 and LCPA 03-04 respectively, are approved as shown in Planning Commission Resolutions No. 5452, 5453 and 5454 on file with the City Clerk and incorporated herein by reference . 6 1 2 3 4 5 6 7 8 9 10 11 1 h 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 20th day of , January 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None 3rd M. WOOD, City Clerk Resolution No. 2004-027 Page 2 -2- EXHIBIT 3 CANNON LIFT ZONE CHANGE ZC 03-02lLCPA 03-04 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 28 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5452 A RESOLUTION OF THE PLAhWING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION TO ALLOW A ZONE CHANGE FROM R-3-Q (MULTIPLE FAMILY RESIDENTIAL WITH QUALIFIED OVERLAY) TO 0-S (OPEN SPACE) ON PROPERTY LOCATED ON THE SOUTHEAST SIDE OF CANNON ROAD WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: CANNON LIFT ZONE CHANGE CASE NO.: ZC 03-02LCPA 03-04 WHEREAS, City of Carlsbad, “O~ner/Developer,’~ has filed a verified application with the City of Carlsbad regarding property described as Lots 82 and 171 of Map No. 14340 (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 19th day of November 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon. hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, 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 ADOPTION of the Negative Declaration, according to the “ND” and Exhibits “NOI” dated July 22, 2003, and “PIT’ dated July 10, 2003, attached hereto and made a part hereof, based on the following findings: 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 28 Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Negative Declaration for ZC 03- 02/LCPA 03-04, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; 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 Carlsbad; c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of November 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ \$~~lo@&l@(&,A, -I MICHAEL J. H&,MILL+R Planning Director PC RES0 NO. 5452 -2- Citofd .) am 0 D-0, - NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: PROJECT LOCATION: CANNON LIFT ZONE CHANGE Southeast side of Cannon Road west of El Camino Real CASE NO: ZC 03-02LCPA 03-04 PROJECT DESCRIPTION: The proposed action is a zone change for two parcels adjacent to the Canterbury (Kelly Ranch) development on the southeast side of Cannon Road west of El Camino Real containing a detention basin and a sewage lift station. The request is to change the current R-3-Q (Multiple Family Residential with Qualified Overlay) zoning to 0-S (Open Space) zoning to achieve consistency with the current OS (Open Space) General Plan designation on the property. PROPOSED DETERMINATION: 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, the initial study (EM Part 2) did not identify any potentially significant impacts on the environment. Therefore, staff is recommending that the Planning Commission recommend adoption of a Negative Declaration to the City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration are 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 the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 602-4621. PUBLIC REVIEW PERIOD JULY 22,2003 TO AUGUST 22,2003 PUBLISH DATE JULY 22,2003 /I 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.yawf.us @ n NEGATIVE DECLARATION CASE NAME: PROJECT LOCATION: CANNON LIFT ZONE CHANGE Southeast side of Cannon Road west of El Camino Real CASE NO: ZC 03-02ILCPA 03-04 PROJECT DESCRIPTION: A Zone Change and a Local Coastal Program Amendment to change the zoning from R-3-Q to 0-S on a site containing a sewer pump station and a detention basin DETERMINATION: 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, the initial study (EM Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: IXI 0 The proposed project COULD NOT have a significant effect on the environment. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 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. (Negative Declaration applies only to the effects that remained to be addressed). 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EM Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: ATTEST: MICHAEL J. HOLZMILLER Planning Director 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART 11 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC 03-02/LCPA 03-04 DATE: July 10.2003 BACKGROUND 1. CASE NAME: Cannon Lift Zone Change 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Elaine Blackburn 760-602-4621 4. PROJECT LOCATION: Southeast side of Cannon Road west of El Camino Real 5. PROJECT SPONSOR’S NAME AND ADDRESS: City of Carlsbad, Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008 6. GENERAL PLAN DESIGNATION: OS 7. ZONING: R-3-0 TO 0-S 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed action is a zone change for two parcels adiacent to the Canterbury (Kelly Ranch) development on the southeast side of Cannon Road containing a detention basin and a sewage lift station. The request is to change the current R-3-0 (Multiple Family Residential with Oualified Overlay) zoning to 0-S (Open Space) zoning to achieve consistency with the current OS (Open Space) General Plan designation on the property. 1 - The proiect site consists of two small parcels created during the development of the Kelly Ranch proiect specifically to accommodate a detention basin and a sewage lift station necessary for the neighboring development. The detention basin and a temporary sewage lift station already exist on the site. The temporary lift station will be replaced by a permanent lift station in late-2003 pursuant to a previously aDproved Conditional Use Permit, Site Development Plan, and Coastal Development Permit. No other development is intended for these two small parcels. The current R-3-0 (Multiple Family Residential) zoning on the site is not consistent with the OS (Open Space) General Plan designation of the property. By changing the zoning from R-3-0 to 0-S (Open Space), the property would then be zoned consistent with its General Plan designation. 1 Rev. 07/03/02 /3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would 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. 0 Aesthetics 0 Agricultural Resources Air Quality u Geology/Soils [ZI HazardsiHazardous Materials 0 Hydrology/Water Quality 0 Noise Population and Housing u Public Services u Biological Resources u Land Use and Planning u Recreation 0 Cultural Resources 0 Mineral Resources 17 TransportatiodCirculation Mandatory Findings of Significance . 0 Utilities & Service Systems 2 14 Rev. 07103102 DETERMINATION. (To be completed by the Lead Agency) 5l 0 0 cl I 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. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 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 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City 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 following 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 EIR 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 significantly adverse, 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 significantly adverse. Based on an “EM-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but &l potentially significant adverse 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 EIR 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. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse 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 adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, 4 Rev. 07/03/02 and those mitigation measures are agreed to by the developer prior to public review. In this case. the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse 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 adverse impact to less than significant; (2) a “Statement of Ovemding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part I1 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 ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 5 Rev. 07/03/02 Issues (and Supporting Information Sources). I. AESTHETICS - Would the project: Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated 0 a) Have a substantial adverse effect on a scenic vista? 0 0 0 b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual 0 character or quality of the site and its surroundings? 0 d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? 0 LessThan No Significant Impact Impact UIXI ow ow AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1 997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agnculture and farmland.) Would the project: 0 UIXI Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? Conflict with existing zoning for agricultural 0 0 om use, or a Williamson Act contract? 0 ow Involve other changes in the existing 0 environment, which, due to their location or nature, could result in conversion of Farmland to non-agncultural use? 111. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: 6 Rev. 01/03/02 Issues (and Supporting Information Sources). Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? . Create objectionable odors affecting a substantial number of people? BIOLOGICAL RESOURCES - Would the project : Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Potentially Significanl Impact 0 17 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 17 o 0 0 0 0 0 0 Less Than Significant Impact D 0 0 0 0 0 0 0 No Impact [XI IXI 1sI Ixi IXI IXI IXI El 7 Rev. 07/03/02 Issues (and Supporting Information Sources). Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Impact tributary areas that are environmentally sensitive? Issues (and Supporting Information Sources). IV. CULTURAL RESOURCES - Would the project: Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Cause a substantial adverse change in the significance of an archeological resource pursuant to § 15064.5? Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? IV. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: Potentially Significant Impact 0 0 0 0 Potentially Significant Impact 17 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 Less Than Significant Impact 0 0 0 0 Less Than Significant Impact 0 0 0 No Impact (XI IXI [XI IXI No Impact IXI [XI IXI IXI 8 Rev. 07/03/02 30 Issues (and Supporting Information Sources). i. 11. ... 111. iv. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? IV. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 17 0 0 0 0 0 0 9 Rev. 07/03/02 ai Issues (and Supporting Information Sources). Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIILHYDROLOGY AND WATER QUALITY - Would the project: Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Potentially Significant Impact 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 No Impact IXI Ix1 Ix1 [XI [XI IXI la lxl 10 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Less Than Significant Significant Unless Impact Mitigation Incorporated No Impact 0 0 c) Impacts to groundwater quality? 0 0 [XI 0 IXI d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? cl 0 0 e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? 0 0 0 IXI f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 0 0 cl 0 0 0 IXI IXI g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? 0 0 IXI i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? 0 IXI j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 0 0 0 0 0 0 0 IXI IXI k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. 0 0 0 m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? a3 11 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated 0 n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act 0 Section 303(d) list? 0 p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? 0 IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 0 0 0 0 c) Conflict with any applicable habitat 0 conservation plan or natural community conservation plan? X. MINERAL RESOURCES -Would the project: 0 a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 0 0 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? X. NOISE - Would the project result in: Less Than Significant Impact 0 0 0 0 0 0 No Impact Ixl [XI IXI [XI [XI Ixl IXI [XI 0 ON Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? 0 0 nIxI Exposure of persons to or generation of excessive groundboume vibration or 0 groundbourne noise levels? 12 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 0 ON c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 0 UEI d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 ON e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or worlung in the project area to excessive noise levels? 0 o UIXI f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 0 X. POPULATION AND HOUSING - Would the project: 0 OIXI a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? o UIXI b) Displace substantial numbers of existing 0 housing, necessitating the construction of replacement housing elsewhere? 0 01XI c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: 13 Rev. 07/03/02 1) ii) iii) iv) v> Fire protection? Police protection? Schools? Parks? Other public facilities? Issues (and Supporting Information Sources). XIV. RECREATION Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? 14 Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated cl 17 0 0 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 0 0 0 Rev. 07/03/02 ad Issues (and Supporting Information Sources). f) Result in insufficient parlung capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn-outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact 0 0 17 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 No Impact [XI IXI [XI IXI IXI [XI [XI IXI IXI 15 Rev. Q7lQ3lQ2 XVII. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife 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 endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a 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?) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 om 0 0 0 0 XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 16 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS No Impact. Since no development is proposed, there would be no impacts to the aesthetic qualities of the city. The existing and planned future development on the site (the existing detention basin and existing temporary and future permanent sewage lift stations) have already undergone all necessary environmental review and have received all necessary discretionary permits. AGRICULTURAL RESOURCES No Impact, The subject property has not been in agricultural use recently and would not be expected to be in such use in the future. The two small parcels were created specifically to accommodate a detention basin and a sewage lift station needed for the development of the neighboring residential development. AIR QUALITY No Impact. This zone change will not impact the City’s air quality. The existing detention basin and sewage lift station are the only uses expected to ever be on the site. Both are necessary to serve the adjoining residential development. BIOLOGICAL and CULTURAL RESOURCES No Impact. The proposed zone change will not result in impacts to biological or cultural resources. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. GEOLOGYISOILS No Impact. The proposed zone change will not result in impacts to geology or soils. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. HAZARDSJHAZARDOUS MATERIALS No Impact. This zone change request does not involve the use or movement of such materials. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. HYDROLOGY AND WATER QUALITY No Impact. This zone change would not result in impacts to hydrology or water quality. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. LAND USE PLANNING No Impact. The proposed zone change is necessary to achieve consistency between the General Plan designation and the zoning on the subject property. The site is currently designated OS (Open Space) on 17 Rev. 07/03/02 a? the City's General Plan. However, it has a zoning designation of R-3-Q (Multiple Family Residential with a Qualified Overlay), which is inconsistent with the OS General Plan designation. The R-3-Q zoning on the property is an inadvertent carry-over from previous designations and zoning on the property (prior to the development of the Kelly Ranch residential development). The two subject parcels are currently and will remain in use only to accommodate the necessary detention basin and sewage lift station. No residential development would ever be planned for the two parcels. By changing the zoning to 0-S (Open Space) the necessary General Pladzoning consistency will be achieved. MINERAL RESOURCES No Impact. This zone change would not result in impacts to mineral resources. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. NOISE No Impact. This zone change would not result in noise impacts. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. POPULATION/HOUSING/PUBLIC SERVICES No Impact. This zone change would not result in impacts to population, housing, or public services. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. RECREATION No Impact. This zone change would not result in impacts to recreation facilitiesheeds. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. TRANSPORTATION/TRAFFIC No Impact. This zone change would not result in transportatiodtraffic impacts. The detention basin and the temporary sewage pump station already exist on the site. The future permanent sewage lift station has already undergone all necessary environmental review and has received all necessary discretionary permits. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES 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, 92008. 18 Rev. 07/03/02 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 28 PLANNING COMMISSION RESOLUTION NO. 5453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING FAMILY RESIDENTIAL WITH A QUALIFIED OVERLAY) TO ON THE SOUTHEAST SIDE OF CANNON ROAD WEST OF MENT ZONE 8. CASE NAME: APPROVAL OF A ZONE CHANGE FROM R-3-Q (MULTIPLE 0-S (OPEN SPACE) ON PROPERTY GENERALLY LOCATED EL CAMINO REAL AND IN LOCAL FACILITIES MANAGE- CANNON LIFT ZONE CHANGE CASE NO: ZC 03-02 WHEREAS, City of Carlsbad, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as Lots 82 and 171 of Map No. 14340 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated November 5, 2003, attached hereto and on file in the Planning Department, CANNON LIFT ZONE CHANGE - ZC 03-02, as provided by Chapter 2 1.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of November 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission 03-02 based on the following findings: RECOMMENDS APPROVAL of CANNON LIFT ZONE CHANGE - ZC 31 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 28 Find in gs : 1. That the proposed Zone Change from R-3-Q to 0-S is consistent with the goals and policies of the various elements of the General Plan, in that the proposed 0-S zone is consistent with the existing OS (Open Space) Land Use designation on the subject property and is compatible with the R-1 and R-3 residential zoning of the abutting properties to the south, east, and west and with the 0-S zoning of the property to the north. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the proposed 0-S Zone, as shown on Exhibit “X,” implements the existing OS Land Use Designation. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the zone change from R-3-Q to 0-S implements the objectives of the zoning ordinance regarding the 0-S zone and will allow the continuance of the existing and planned development of the subject site with a detention basin and sewage lift station, both of which are consistent with the OS General Plan land use designation and are compatible with and necessary for the surrounding residential development. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... PC RES0 NO. 5453 -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 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 19th 'day of November 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None v R, Chairperson C&IlJ$AD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5453 -3- 33 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 28 PLANNING COMMISSION RESOLUTION NO. 5454 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM (LCP) TO BRING THE LOCAL COASTAL PROGRAM AND ZONING MAP INTO CONFORMANCE WITH THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTH EAST SIDE OF CANNON ROAD WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: CANNON LIFT ZONE CHANGE CASE NO.: LCPA 03-04 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, City of Carlsbad, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as Lots 82 and 171 of Map No. 14340 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “LCPA 03-04’’ dated November 19th, 2003 attached hereto, CANNON LIFT ZONE CHANGE - LCPA 03-04, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 19th day of November 2003 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and 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 28 WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on July 24, 2003 and ending on September 4, 2003, staff had received no public comments on the proposed Local Coastal Program Amendment. C) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of CANNON LIFT ZONE CHANGE - LCPA 03-04 based on the following findings: Findinm: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I1 Segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed 0-S (Open Space) zone is consistent with the existing OS (Open Space) land use designation. 2. That the proposed land use and zone designation amendment to the Mello I1 Segment of the Carlsbad Local Coastal Program is required to bring the designations of the City’s Zoning Map and the Mello I1 Local Coastal Program Segment into conformance. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RES0 NO. 5454 -2- 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1; 1F l! 21 2 2' 2 2 2 2 2 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of November 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None m , Chairperson cw PLANNING COMMISSION ATTEST: -1 \,~~,~ivu~l& ! 7 MICHAEL J. HO~~MILLSI~R Planning Director PC RES0 NO. 5454 -3- 3Q LOCAL COASTAL PROGRAM LCPA Map Designation Change Property From: To: A. 208-1 84-04 R-3-Q os B. 208-1 84-08 R-3-Q os C. LCPA: 03-04 draft 0 final 0 Approvals Council Approval Date: Resolution No: Effective Date: Signature: Project Name: CANNON LIFT ZONE CHANGE Property/Legal Description@): Legal Description(s): Lots 82 and 171 of Map No. 14340 I Related Case File No(s): ZC 03-02 I Attach ddditional pages if necessary I 37 EXHIBIT 5 P.C. AGENDA OF: November 19,2003 The City of Carlsbad Planning Department Application complete date: da Project Engineer: da Project Planner: Elaine Blackburn A REPORT TO THE PLANNING COMMISSION SUBJECT: ZC 03-02/LCPA 03-04 - CANNON LIFT ZONE CHANGE - Request for a recommendation of approval for a Negative Declaration, a Zone Change, and a Local Coastal Program Amendment to change the zoning from R-3-Q to 0-S on a site located on the southeast side of Cannon Road west of El Camino Real and within Local Facilities Management Zone 8. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5452, 5453, and 5454 RECOMMENDING ADOPTION of a Negative Declaration and RECOMMENDING APPROVAL of ZC 03-02 and LCPA 03-04 based upon the findings contained therein. 11. INTRODUCTION The proposed project involves a Zone Change (ZC 03-02) and a Local Coastal Program Amendment (LCPA 03-04) to change the zoning on two small parcels on the southeast side of Cannon Road from R-3-Q (Multiple Family Residential with Qualified Overlay) to 0-S (Open Space). The Zone Change is necessary to correct an inconsistency between the General Plan designation on the property (OS) and the current residential zoning. The LCPA is necessary to maintain consistency between the zoning shown on the City's Zoning Map and that of the Local Coastal Program. There are no unresolved issues associated with the project. 111. PROJECT DESCRIPTION AND BACKGROUND The proposed project zone change would change the zoning on two small parcels on the southeast side of Cannon Road from R-3-Q to 0-S. The zone change is necessary to correct an inconsistency between the General Plan designation on the property (OS) and the current residential zoning. Staff became aware of this inconsistency during processing of the Cannon Road Lift Station (CUP 02-1 1) approved in February 2003. The project site consists oftwo small parcels (totaling 1.6 acres) located on the southeast side of Cannon Road west of El Camino Real. (Cannon Road runs generally northeast to southwest in this area.). The easternmost (approximately 4,000-sf) lot contains the existing temporary sewage lift station. The larger (1.48-ac) westernmost lot contains the existing detention basin. (The temporary lift station will be replaced by a permanent lift station later this year pursuant to the February, 2003 approval of CUP 02-11 for the permanent lift station.) The two parcels were created (originally as easements) specifically for the existing uses by the project approvals for the Kelly Ranch development. The detention basin is necessary to accommodate drainage from the 38 ZC 03-02/LCPA 03-04 - CANNON LIFT ZONE CHANGE November 19,2003 Pane 2 adjacent Canterbury neighborhood. The lift station also serves that neighborhood as well as others. The site contains no biological resources with any protected status. The project site has a General Plan designation of Open Space (OS) and R-3-Q zoning. The parcels were given an OS General Plan designation because they were contiguous to permanent open space and it was known that they would not be developed with any uses other than the planned detention basin and lift station. The two current parcels existed originally as easements. It would not have been possible to rezone only the easements as 0-S if they were still a part of the larger map area zoned for residential development. The area immediately to the north and northwest of Cannon Road has an 0-S zoning and an OS General Plan designation and contains no development. The area immediately south and southwest of the project site has the same zoning (R-3-Q) and General Plan designation (OS) as the project site and is undeveloped. This area consists of a steep (approximately 225' high) disturbed natural slope, which drops down into the detention basin. The slope contains spotty remnants of vegetation previously planted in an effort to establish native vegetation on the slope and to control potential erosion. (Repeated efforts to establish such vegetation on the slope have failed.) The area directly to the east and southeast of the project site is zoned R-1-Q (Single- family Residential zone with a Qualified Development Overlay) and Residential Medium Density (RM) General Plan designation. The area immediately to the east is developed with single-family residential dwelling units, and the area to the southeast is undeveloped open space. As discussed above, the detention basin and a temporary sewage lift station already exist on the project site. The temporary lift station will be replaced by a permanent lift station in the near future. However, all discretionary approvals required for that action have already been approved. The Planning Commission (the final decision-maker) approved the Conditional Use Permit (CUP 02-11), Site Development Plan (SDP 02-17) and Coastal Development Permit (CDP 02-22) in February of this year. Those approvals were not appealed by the California Coastal Commission and thus, are already final. IV. ANALYSIS This project requires approval of the following legislative actions: A. Zone Change from R-3-Q to 0-S; and B. Local Coastal Program Amendment to implement the zone change in the Local Coastal Program. The project is subject to the following regulations and requirements: C. Carlsbad General Plan OS designation regulations; D. R-3-Q (Multiple Family Residential with Qualified Overlay) Zone and 0-S regulations (Chapters2 1.16, 21.06, and 2 1.33 of the Carlsbad Municipal %ode); 39 ZC 03-02/LCPA 03-04 - CANNON LIFT ZONE CHANGE November 19,2003 Pape 3 E. Coastal Development regulations for the Coastal Agriculture Overlay Zone, Coastal Resource Protection Overlay Zone, Coastal Shoreline Development Overlay Zone, and Coastal Resource Overlay Zone Mello I LCP Segment (Chapters 21.201, 21.202, 2 1.203, 21.204, and 21.205 of the Carlsbad Municipal Code); and F. Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code). The recommendation for approval for this project was developed by analyzing the project’s consistency with the applicable City regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. Legislative Actions A. Zone Change City staff is proposing to change the zoning on the subject property from R-3-Q to 0-S. This change is being recommended in order to achieve consistency between the General Plan and the zoning on the site. B. Local Coastal Program Amendment The Local Coastal Program Amendment (LCPA) is required in order to implement the proposed zone change from R-3-Q to 0-S in the Local Coastal Program. The LCPA would ensure consistency between the zoning and coastal zoning designations on the property. Regulatory Compliance C. General Plan The project site has a General Plan designation of OS and has R-3-Q zoning. The R-3-Q zoning is atypical for a parcel with an OS General Plan designation. However, this situation resulted from a series of City and Coastal Commission approvals for the Kelly Ranch project. When the Kelly Ranch project was being designed it was known that a detention basin would be needed in its present location (for Village E/Canterbury neighborhood). The need for the existing temporary lift station was identified later. The two lots on which the detention basin and the lift station exist were established specifically for those purposes. The two lots were given a General Plan designation of OS because they were contiguous to open space and it was known that they would not be developed as residential properties (despite their R-3-Q zoning). (As stated above, the two lots were originally created as easements. That may explain why they carried R-3-Q zoning.) Development of infrastructure facilities is consistent with the OS General Plan designation. Thus, the change of zoning from R-3-Q to 0-S (with the presence of the existing/planned uses) would be consistent with the General Plan. ZC 03-02/LCPA 03-04 - CANNON LIFT ZONE CHANGE November 19,2003 Page 4 D. R-3, Q Overlay, and 0-S Zoning The existing R-3-Q zoning, which allows residential development, is inconsistent with the existing OS General Plan designation on the property. The 0-S zone is the implementing zone for the OS General Plan designation. The proposed zone change would not result in any existing uses or structures becoming non-conforming. The existing detention basin would be allowed in the 0-S zone (or the existing R-3-Q zone) without the need for a discretionary permit. The sewage lift station would be allowed in the 0-S zone (or the existing R-3-Q zone), subject to the approval of a CUP. A CUP was approved in February 2003 for the proposed permanent sewage lift station to be constructed later this year. Therefore, the existing and proposed uses of the site are all consistent with the proposed 0-S Zone. E. Coastal Development Regulations The project site is located within the Mello 11 Segment of the City's Local Coastal Program. The policies of the Mello II segment of the City's Coastal Zone emphasize preservation of pnme agriculture and scenic resources, protection of environmentally sensitive lands, provision of shoreline access, and prevention of geologic instability and erosion. The project site contains no agricultural lands and, thus would have no detrimental impact to agricultural lands. The project site also contains no water resources or sensitive habitats, and thus would have no detrimental impact to such resources. The existing/planned uses on the project site (the detention basin and the sewage lift station) were previously determined to be consistent with the applicable Coastal regulations and policies. The proposed zone change and local coastal program amendment are being processed only to correct the existing General Pladzoning inconsistency. F. Growth Management The proposed zone change will have no growth management impacts. Any impacts associated with development of the site were addressed in the project analysis and approvals for CUP 02-1 1 (Cannon Road Lift Station). That project was approved previously, and no new impacts would occur as a result of this proposed zone change. V. ENVIRONMENTAL REVIEW An Initial Study was prepared for the proposed ZC/LCPA. That document concluded that the proposed project could have no environmental impacts. Consequently, on July 22, 2003, the Planning Director published a Notice of Intent to adopt a Negative Declaration for the project. Because this project involves an LCPA, staff also published a notice for a six-week review period for the proposed LCPA. The six-week review period opened on July 24,2003 and closed on September 4,2003. No comments were received during that period. ZC 03-02ILCPA 03-04 - CANNON LIFT ZONE CHANGE November 19,2003 Page 5 ATTACHMENTS: 1. 2. 3. 4. Location Map 5. Background Data Sheet 6. Disclosure Statement Planning Commission Resolution No. 5452 (ND) Planning Commission Resolution No. 5453 (ZC) Planning Commission Resolution No. 5454 (LCPA) EB: bd:mh 4a BACKGROUND DATA SHEET CASE NO: ZC 03-02/LCPA 03-04 CASE NAME: Cannon Lift Zone Change APPLICANT: City of Carlsbad REQUEST AND LOCATION: A zone change for property containin.. a sewage lift station on the southeast side of Cannon Road west of El Camino Real. LEGAL DESCRIPTION: Lots 82 and 171 of Map No. 14340 APN: 208-1 84-04, 08 Acres: 1.6_ Proposed No. of Lots/Units: 2 lots GENERAL PLAN AND ZONING Land Use Designation: OS (Open Space) Density Allowed: N/A Existing Zone: R-3-0 Surrounding Zoning, General Plan and Land Use: Density Proposed: N/A Proposed Zone: 0-S Site North South East West Zoning R-3-Q 0-s R-3-0 R- 1 -Q General Plan os os os RM R-3-Q; 0-S os Current Land Use Temporary lift station; desiltation basin Cannon Rd; open space Open space Single- family residential; Cannon Rd; open space PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): Sewer District: Carlsbad ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration 0 Certified Environmental Impact Report, dated cf3 - City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on ali applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnershp, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, synhcate, in this and any other county, city and come, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a comoration or uartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Person ’4.Z /h/7m F‘/jMm, JF CorpPart 2. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or DartnershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person&///, ,Q/LMrn,/ CorpPart TitleflJ!ufi Title Address /b 45- Address // -a % 1635 Fa’raday Avenue Carlsbad, CA 92008-731 4 - (760) 602-4600 FAX (760) 602-8559 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonmofit organization or a trust. lljr the names and addresses of ANY person serving as an officer or director of the non-profir organization or as trustee or beneficiary of the. Non ProfitlTrust Non Profiflrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? 0 Yes No If yes, please indicate person(s): * 9s $1 NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of ownerldate Signature of applicanVdate Print or type name of applicant /&4,//, /3/2/, P /4,#?mJT Print or type name of owner -Jei Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent i H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Planning Commission Minutes November 19,2003 4. ZC 03-021LCPA 03-04 - CANNON LIFT ZONE CHANGE - Request for a recommendation of approval for a Negative Declaration, Zone Change, and a Local Coastal Program Amendment to change the zoning from R-3-Q to 0-S on a site located on the southeast side of Cannon Road west of El Camino Real and within Local Facilities Management Zone 8. Mr. Neu stated that agenda Items 3 and 4 are normally heard in a public hearing context, however, these projects are minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as consent Items. If the Commission or someone from the public wishes to pull the Item, Staff would be available to respond to questions. Chairperson Baker asked the Commissioners if anyone wished to pull an Item and asked the public if anyone wished to discuss an Item. Commissioner Dominguez noted that there had been discussion some time back about the consistent use of variances on Ocean Street and asked Staff if any decision or policy had been reached pertaining to applying variances to different applications in that area. Mr. Neu replied that a consensus had not been reached. He stated that the Planning Commission had discussed in the past whether to develop an overlay zone or specific plan or some set of special criteria to recognize the constraints on the west side of Ocean Street. He stated that there was not currently a proposal for the Planning Commission to consider that and that applications were handled case-by-case. Commissioner Heineman stated that the matter of changing regulations so that there wouldn’t have to be a variance on everything on the ocean had been raised by the Planning Commission for at least eight years and nothing had been resolved, thus, he didn’t believe it would be. Ms. Mobaldi commented that the Planning Commission could make a minute motion to City Council requesting that Staff be directed to look into the issue. Commissioner Montgomery applauded the architect on this project for doing a fantastic job. He stated that the Planning Commission scrutinized everything built along the ocean and he thought this was a great plan. Chairperson Baker called for a vote. MOTION ACT I ON : AYES: NOES: None ABSTAl N : None Motion by Commissioner White, and duly seconded, to approve Items 3 and 4. Baker, Dominguez, Heineman, Montgomery, Segall, White and Whitton VOTE: 7-0 Cannon Lift Zone ChangeZC 03-02/LCPA 03-04 Location MapCANNONRD(FUTURE)FARADAYAVESITEASHBERRYRD Proposed Site✺General Plan: Open Space✺Zoning: R-3-Q✺Coastal Zone: Mello II Project Description✺Zone Change and Local Coastal Program Amendment– Zoning Change from R-3-Q to OS✺Negative Declaration Planning Commission Recommendation✺Approval of Negative Declaration and approval of ZC 03-02 and LCPA 03-04 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California This 9~ Day of January, 2004 This space is for the County Clerk's Filing Stamp Proof of Publication of Declarah, a Zone Ctiange, and a Local COesteT Pm- gy Amendment to change the zoning fmm R-3-0 to S on a site located on the southeast side of Cannon Road west of El Camino Real and whin Local Facilees Management Zone 8 and more particolatly described CASE NAME CANNON LlH' ZONE CHANGE CrrY OF CARLSBAD ClTy COUNCIL Signature NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, January 20, 2004, to consider a request for approval for a Negative Declaration, a Zone Change, and a Local Coastal Program Amendment to change the zoning from R-3-Q to 0-S on a site located on the southeast side of Cannon Road west of El Camino Real and within Local Facilities Management Zone 8 and more particularly described as: Lots 82 and 171 of Map No. 14340 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after January 16, 2004. If you have any questions, please call Elaine Blackburn in the Planning Department at (760) 602-4621. If you challenge the Negative Declaration, Zone Change and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZC 03-02/LCPA 03-04 CASE NAME: CANNON LIFT ZONE CHANGE PUBLISH: January 9,2004 CITY OF CARLSBAD CITY COUNCIL CANNON LIFT ZONE CHANGE ZC 03=02/LCPA 03-04 - CARLSBAD UNlF SCHOOL DlST CITY OF ENClNlTAS 505 S VULCAN AVE 6225 EL CAMINO REAL CARLSBAD CA 92009 ENClNlTAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 VISTA CA 92085 CITY OF VISTA PO BOX 1988 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC W ORKS/CO MMU N ITY SERVICES CITY OF CARLSBAD PROJECT PLANNER ELAINE BLACKBURN 12/1 Z2003 AWERY@ Address Labels AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC W 0 RKS/E N G I N E E R I N G DEPT CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SANDIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. 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