HomeMy WebLinkAbout2005-03-08; City Council; 18011; Temporary BuildingsAB# 18,011 TITLE:
MTG. 3/8/05 TEMPORARY BUILDINGS
DEPT. PLN ZCA 04-031LCPA 04-1 8
RECOMMENDED ACTION:
DEPT. HD.
CITY ATTY.
CITY MGR
That the Council INTRODUCE Ordinance No. , APPROVING the Zone Code
Amendment ZCA 04-03, and ADOPT Resolution No. , APPROVING the Nega-
tive Declaration and Local Coastal Program Amendment LCPA 04-1 8 for the Temporary Buildings
zone code amendment.
NS-746
2005-060
ITEM EXPLANATION:
On January 5, 2005, the Planning Commission conducted a public hearing and recommended
approval (7-0) of a Negative Declaration, Zone Code Amendment, and Local Coastal Program
Amendment to amend the Zoning Ordinance regulations regarding temporary buildings. No public
testimony was offered at the Planning Commission hearing and no comments on the proposal have
been received by staff. The City-initiated proposal involves three essential components:
1. Add definitions for mobile buildings and modular buildings to Chapter 21.04 of the
Zoning Ordinance;
2. Allow mobile buildings in all zones with approval of a Conditional Use Permit; and
3. Delete the allowance for the temporary use of trailers and mobile homes for
commercial purposes.
The Zoning Ordinance currently does not contain any definitions to describe either mobile or modular
buildings. Mobile buildings, also commonly known as office trailers or commercial coaches, have
been approved throughout the City for a variety of uses. These uses include school classrooms, City
offices, and church facilities. In the past, they have typically involved uses that are considered
Conditional Uses by the underlying zone, therefore a Conditional Use Permit (CUP) has been
processed. Recently, applicants have requested the use of mobile buildings for permitted uses,
thereby causing concern that the temporary buildings could become a permanent improvement on
the property since no CUP was needed.
Therefore, the proposed Zone Code Amendment would strictly define mobile buildings, establish
standards for their placement, and ensure that they are allowed for a limited period after which the
applicant must process a CUP extension for their continued use. The goal of this proposed
ordinance is to create minimum standards for aesthetics and regulatory compliance as well as have
some discretionary control over the term and placement of these temporary buildings.
The proposed Zone Code Amendment would define mobile buildings as those buildings that are
fixed to a trailer chassis and regulated through the State Department of Housing and Community
Development and Department of Transportation. They can include one or more sections and are
usually placed on temporary foundations. In contrast, modular buildings are defined as buildings that
are constructed in segments, transported with a flatbed trailer, and assembled on site. They can
result in a variety of shapes and sizes and are regulated by the California Building Code as if they
were build-in-place structures. Since modular buildings merely constitute a different type of
construction, no additional regulations are proposed for these buildings.
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PAGE 2 OF AGENDA BILL NO. 18,011
ENVIRONMENTAL:
The proposed Temporary Buildings project was reviewed for any potential adverse impact to the
environment pursuant to the California Environmental Quality Act (CEQA). No construction or
development is involved with this proposed ordinance and, based upon analysis, no significant
adverse environmental impacts would be created. Therefore, the Planning Director issued a
Negative Declaration on November 22, 2004 for public review and no comments were received.
FISCAL IMPACT:
The fiscal impacts to the City are negligible in that the proposed action merely revises the Zoning
Ordinance with regard to Temporary Buildings.
EXHIBITS:
1. Ordinance No. NS-746
2. City Council Resolution No. 2005-060
3. RedlinedlStrikeout version
4.
5.
6.
Planning Commission Resolutions 5695, 5696, and 5805
Planning Commission Staff Report, dated January 5, 2005
Excerpt of Planning Commission Minutes, dated January 5,2005.
DEPARTMENT CONTACT: Michael Grim, (760) 602-4623, mgrim@ci.carlsbad.ca.us
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ORDINANCE NO. NS-746
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS
OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE AND
ADDING SECTIONS 21.04.263 AND 21.04.273 TO THE
CARLSBAD MUNICIPAL CODE TO DEFINE MOBILE AND
MODULAR BUILDINGS AND PROVIDE FOR TEMPORARY
PLACEMENT OF MOBILE BUILDINGS BY CONDITIONAL USE
PERMIT.
CASE NAME: TEMPORARY BUILDINGS
CASE NO.: ZCA 04-03
The City Council of the City of Carlsbad, California, does ordain as follows:
Section 1: That Title 21, Chapter 21.04 is amended by the addition of
Section 21.04.263 to read as follows:
“Lot width” means the horizontal distance of the line constituting the required
front yard setback, as required in certain zone classifications. For those zone classifications
without required front yards, the lot width is the horizontal distance between the side lot lines
measured at right angles to a line comprising the depth of the lot at a point midway between the
front and rear lot lines. All lots located on the inside of a curve of a public street whose rear
property line is at least twenty feet less in length than the front property line shall have their lot
width calculated, for the purpose of computing required side yard setbacks, using the average
width of the lot.
Section 2: That Title 21, Chapter 21.04, Section 21.04.265 is amended to
read as follows:
“Mobile building” means a structure constructed on a permanent chassis
transportable in one or more sections, designed and equipped for human occupancy for
industrial, professional, commercial, educational, or temporary housing (e.g. farmworker or
transitional housing) purposes to be used primarily with a temporary foundation system. A
“mobile building” requires vehicle registration from the state Department of Transportation
pursuant to the state Vehicle Code and requires registration and title from the state Department
of Housing and Community Development pursuant to the state Health and Safety Code.
“Mobile building” does not include a recreational trailer, mobile homes, manufactured home, or
prefabricated home but may include a commercial coach or trailer coach.
Section 3: That Title 21, Chapter 21.04 is amended by the addition of
Section 21.04.270 to read as follows:
“Modular building” means a structure not constructed on a permanent chassis,
transportable in one or more sections on a separate trailer, designed for human occupancy for
industrial, professional, or commercial purposes to be placed upon a permanent foundation. A
“modular building” is constructed in prefabricated sections and its construction and assembly is
subject to the California Building, Electrical, Mechanical, and Plumbing Codes. “Modular
building” does not include mobile offices, mobile homes, manufactured home, prefabricated
home, commercial coach, or trailer coach. For the purposes of permitted uses in each zone,
“modular building” is considered the same as any standard building.
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USE
Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265)
Section 4: That Title 21, Chapter 21.04 is amended by the addition of
Section 21.04.273 to read as follows:
“Motel” means a group of attached or detached buildings containing individual
sleeping or living units where a majority of such units open individually and directly to the
outside, and where a garage is attached or a parking space is conveniently located to each unit,
all for the temporary use by automobile tourist or transients, and such word shall include motor
lodges. An establishment shall be considered a motel when it is required by the Health and
Safety Code of the state of California to obtain the name and address of the guests, the make,
year and license number of the vehicle and the state in which it was issued.
Section 5: That Title 21 , Chapter 21.08, Section 21.08.020 is amended by
the amendment of the amendment of “TABLE A PERMITTED USES” in Subsection
21.08.020.B to insert the following into Table A in alphabetical order (headings not included):
P CUP Acc
X
USE
Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265)
Section 6: That Title 21, Chapter 21 .lo, Section 21.10.020 is amended by
P CUP Acc
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the amendment of “TABLE A PERMITTED USES” in Subsection 21.10.020.B to insert the
USE
Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265)
following into Table A in alphabetical order (headings not included):
P CUP Acc
X
USE P
Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265)
Section 7: That Title 21, Chapter 21.12, Section 21.12.020 is amended by
CUP Acc
X
the amendment of “TABLE A PERMITTED USES” in Subsection 21.12.020.6 to insert the
following into Table A in alphabetical order (headings not included):
Section 8: That Title 21 , Chapter 21.1 6, Section 21.16.020 is amended by
the amendment of “TABLE A PERMITTED USES” in Subsection 21.16.020.8 to insert the
following into Table A in alphabetical order (headings not included):
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USE
Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265)
Section 9: That Title 21, Chapter 21.18, Section 21.18.020 is amended by
P CUP Acc
X
the amendment of “TABLE A PERMITTED USES” and “TABLE B PERMITTED USES,’ in
USE P CUP
Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265) X
Subsection 21.18.020.D to insert the following into Table A and Table B in alphabetical order
Acc
(headings not included):
USE P CUP
Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) X
Acc
Section 10: That Title 21, Chapter 21.22, Section 21.22.020 is amended by
the amendment of “TABLE A PERMITTED USES” in Subsection 21.22.020.B to insert the
following into Table A in alphabetical order (headings not included):
USE I P I CUP I Acc
Mobile buildina. subiect to Sec. 21.42.01 O(2MN) (defined: Sec. 21.04.265) I 1x1
Section 11: That Title 21, Chapter 21.24, Section 21.24.020 is amended by
the amendment of “TABLE A PERMITTED USES” in Subsection 21.24.020.B to insert the
Section 12: That Title 21, Chapter 21.37, Section 21.37.020 is amended by
the amendment of “TABLE A PERMITTED USES” in Subsection 21.37.020.B to insert the
following into Table A in alphabetical order (headings not included):
Section 13: That Title 21, Chapter 21.42, Section 21.42.010 is amended by
the amendment of Subsection 21.42.010(1 l)(A) to read as follows:
(A) Hotel and Motel uses as defined in Sections 21.04.185 and 21.04.273 of this
code, subject to the following conditions:
(i) The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review by the planning commission.
(ii) When adjoining residentially zoned property, hotels and motels under this
section must comply with the following provisions:
(a) Front yard setbacks, buildings -- twenty-five feet or same distance as
existing buildings or adjoining lots; driveway or parking area -- ten feet; outdoor recreational
amenities -- ten feet;
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(b) A six-foot-high masonry wall shall be constructed along all property
lines which are adjacent to residentially zoned properties (except where prohibited by approved
driveways).
Section 14: That Title 21, Chapter 21.42, Section 21.42.010 is amended by
the addition of Subsection 21.42.010(2)(N) to read as follows:
(N) Temporary use of mobile buildings, as defined in Section 21.04.265 of this
code, subject to the following conditions:
(i) The mobile building shall be occupied by a permitted or conditional use
allowed in the zone in which it is placed. The occupancy shall be limited to a five-year term,
unless extended by the Planning Commission.
(ii) Newly placed mobile buildings shall not be installed on permanent
foundations.
(iii) All mobile buildings shall have wood or stucco siding and must be installed
with skirting to screen the chassis, wheels, and temporary foundation system.
(iv) All mobile buildings must meet all applicable local, state, and federal codes
including, but not limited to: manufacturer’s certificate of origin, current and valid registration
tags, adequate accessibility for disabled persons, temporary foundation system design and
installation, utility connections, and zoning requirements such as building height and setbacks.
Section 15: That Title 21, Chapter 21.42, Section 21.42.010(5)(S) is hereby
repealed.
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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 publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 8th day of March 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAl N :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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RESOLUTION NO. 2005-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION AND LOCAL COASTAL PROGRAM
AMENDMENT FOR THE TEMPORARY BUILDINGS ZONE
CODE AMENDMENT.
CASE NAME: TEMPORARY BUILDINGS
CASE NO.: ZCA 04-03/LCPA 04-1 8
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on January 5, 2005, hold a duly noticed public hearing as prescribed by law to
consider a Negative Declaration and Local Coastal Program Amendment; and
WHEREAS, the City Council of the City of Carlsbad, on the 8th day of
March , 2005, held a duly noticed public hearing to consider said Negative
Declaration and Local Coastal Program and at that time received recommendations, objections,
protests, comments of all persons interested in or opposed to the Negative Declaration and/or
ZCA 04-031LCPA 04-1 8; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California as follows:
1. That all recitations are true and correct.
2. That the City Council approves ZCA 04-03 and LCPA 04-18 and the
findings and conditions of the Planning Commission as set forth in Planning Commission
Resolutions No. 5695 and 5805, on file with the City Clerk and made a part hereof by reference,
are the findings and conditions of the City Council.
3. That the application for a Negative Declaration and Local Coastal
Program Amendment for the Temporary Buildings Zone Code Amendment is approved as
shown in Planning Commission Resolutions No. 5695 and 5805.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 8th day of March 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Packard, Sigafoose
NOES: None
ABSENT: Kulchin
ATTEST:
(SEAL)
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EXHIBIT 3
ZCA 04-03/LCPA 04-1 8 - REDLINE/STRIKEOUT VERSION
‘Zl4X-23 21.04.263 Lot width.
“Lot width” means the horizontal distance of the line constituting the required
front yard setback, as required in certain zone classifications. For those zone classifications
without required front yards, the lot width is the horizontal distance between the side lot lines
measured at right angles to a line comprising the depth of the lot at a point midway between the
front and rear lot lines. All lots located on the inside of a curve of a public street whose rear
property line is at least twenty feet less in length than the front property line shall have their lot
width calculated, for the purpose of computing required side yard setbacks, using the average
width of the lot.”
“21.04.265 Mobile buildinq.
“Mobile building” means a structure constructed on a permanent chassis
transportable in one or more sections, designed and equipped for human occupancv for
industrial, professional, commercial, educational, or temporarv housinq (ea farmworker
or transitional housing) purposes to be used primarily with a temporarv foundation
svstem. A “mobile buildinq” requires vehicle registration from the state Department of
Transportation pursuant to the state Vehicle Code and requires registration and title
from the state Department of Housinq and Communitv Development pursuant to the
state Health and Safetv Code. “Mobile building’’ does not include a recreational trailer,
mobile homes, manufactured home, or prefabricated home but may include a
commercial coach or trailer coach.
“21.04.270 Modular building.
“Modular buildinq” means a structure not constructed on a Permanent
chassis, transportable in one or more sections on a separate trailer, designed for human
occupancv for industrial, professional, or commercial purposes to be placed upon a
permanent foundation. A “modular buildinq” is constructed in prefabricated sections
and its construction and assemblv is subiect to the California Building, Electrical,
Mechanical, and Plumbinq Codes. “Modular building” does not include mobile offices,
mobile homes, manufactured home, prefabricated home, commercial coach, or trailer
coach. For the purposes of permitted uses in each zone, r‘modular building” is
considered the same as any standard buildinq.”
“ZkQ4270 21.04.273 Motel.
“Motel” means a group of attached or detached buildings containing individual
sleeping or living units where a majority of such units open individually and directly to the
outside, and where a garage is attached or a parking space is conveniently located to each unit,
all for the temporary use by automobile tourist or transients, and such word shall include motor
lodges. An establishment shall be considered a motel when it is required by the Health and
Safety Code of the state of California to obtain the name and address of the guests, the make,
year and license number of the vehicle and the state in which it was issued.”
Subsection 21.08.020.B , “TABLE A PERMITTED USES” to include the
following in alphabetical order:
I Mobile building, subject to Sec. 21.42.01 0(2)(N) (defined: Sec. 21.04.265) I 1x1
Subsection 21.10.020.B , “TABLE A PERMllTED USES” to include the
following in alphabetical order:
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I Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) I 1x1 1
Subsection 21.12.020.B , “TABLE A PERMITTED USESy’ to include the
following in alphabetical order:
I Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) I 1x1 I
Subsection 21.16.020.B , “TABLE A PERMITTED USESy’ to include the
following in alphabetical order:
I Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) I 1x1 1
Subsection 21 .I 8.020.D , “TABLE A” and TABLE B” to include the following in
alphabetical order:
I Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) I 1x1 I
Subsection 21.22.020.8 , “TABLE A PERMITTED USES” to include the
following in alphabetical order:
I Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) I 1x1 I
Subsection 21.24.020.8 , “TABLE A PERMITTED USESy’ to include the
following in alphabetical order:
I Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) I 1x1 I
Subsection 21.37.020.8 , “TABLE A PERMITTED USES” to include the
following in alphabetical order:
I Mobile building, subject to Sec. 21.42.010(2)(N) (defined: Sec. 21.04.265) 1 1x1 I
Subsection 21.42.010~1 IMA) to read as follows:
“(A) Hotel and Motel uses as defined in Sections 21.04.185 and 21.04.279
21.04.273 of this code, subject to the following conditions:
(i) The application for a conditional use permit shall include the submittal of an architectural theme, colored elevations and site plan for review by the planning commission.
(ii) When adjoining residentially zoned property, hotels and motels under this
section must comply with the following provisions:
(a) Front yard setbacks, buildings -- twenty-five feet or same distance as
existing buildings or adjoining lots; driveway or parking area -- ten feet; outdoor recreational
amenities -- ten feet;
(b) A six-foot-high masonry wall shall be constructed along all property
lines which are adjacent to residentially zoned properties (except where prohibited by approved
driveways).”
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21.42.010(2)(N) to read as follows:
“(N) Temporary use of mobile buildings, as defined in Section 21.04.265 of
this code, subject to the following conditions:
(i) The mobile building shall be occupied by a permitted or conditional
use allowed in the zone in which it is placed. The occupancy shall be limited to a five-
year term, unless extended by the Planning Commission.
(ii) Newly placed mobile buildings shall not be installed on permanent foundations.
(iii) All mobile buildings shall have wood or stucco siding and must be
installed with skirting to screen the chassis, wheels, and temporary foundation system.
(iv) All mobile buildings must meet all applicable local, state, and federal
codes including, but not limited to: manufacturer’s certificate of origin, current and valid
registration
tags, adequate accessibility for disabled persons, temporary foundation system design
and installation, utility connections, and zoning requirements such as building height
and setbacks.”
Section 21.42.01 0(5)(S) of the Carlsbad Municipal Code is hereby repealed.
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EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 5695
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION FOR THE
AMENDMENT OF VARIOUS SECTIONS OF THE CARLSBAD
MUNICIPAL CODE TO DEFINE MOBILE AND MODULAR
BUILDINGS AglB PROVIDE FOR TEMPORARY
PLACEMENT OF MOBILE BUILDINGS BY CONDITIONAL
USE PERMIT.
CASE NAME: TEMPORARY BUILDINGS
CASE NO.: ZCA 04-03/LCPA 04- 1 8
WHEREAS, City of Carlsbad, has filed a verified application with the City of
Carlsbad; and
WHEREAS, a Negative Declaration was prepared in conjunction with said
project; and
WHEREAS, the Planning Commission did on the 5th day of January 2005, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and donsidering 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,
Exhibit “ND,” according to Exhibits “NOI” dated November 22,2004, and “PII”
dated November 12, 2004, attached hereto and made a part hereof, based on the
following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
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a.
b.
C.
d.
it has reviewed, analyzed and considered the Negative Declaration and the
environmental impacts therein identified for this project and any comments
thereon prior to RECOMMENDING APPROVAL of the project; and .
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; and
it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
based on the EIA Part I1 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 5th day of January 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
. SEGAL-hairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5695 -2-
- City of Carlsbad
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
CASE NAME: Temporarv Buildings
PROJECT LOCATION:
CASE NO: ZCA 04-03/LCPA 04- 18
Citywide within the City of Carlsbad
PROJECT DESCRIPTION: Request for a Zone Code Amendment and Local Coastal Program
Amendment to define mobile and modular buildings and allow for the temporary placement of
mobile buildings by Conditional Use Permit.
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, a Negative Declaration will be
recommended for adoption by the City of Carlsbad City Council.
n
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. Please submit comments in writing to the Comments from the public are invited.
Planning Department within 20 days of the date of this notice. 1
The proposed project and Negative Declaration are subject to review and approvaVadoption 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 Michael
Grim in the Planning Department at (760) 602-4623.
PUBLIC REVIEW PERIOD NOVEMBER 22,2004 TO DECEMBER 21,2004
PUBLISH DATE NOVEMBER 22,2004
1635 Faraday Avenue Carlsbad, CA 92008-7314 0 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us January 30,2003
- City of Carlsbad
NEGATIVE DECLARATION
CASE NAME: Temporary Buildings
PROJECT LOCATION:
CASE NO: ZCA 04-03
Citywide within the City of Carlsbad
PROJECT DESCRIPTION: Request for a Zone Code Amendment to define mobile and modular
buildings and allow for the temporary placement of mobile buildings by Conditional Use Permit.
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 (EIA Part 2) did not identify any potentially significant impacts on the
environment, and the City of Carlsbad finds as follows:
The proposed project COULD NOT have a significant effect on the environment.
[7 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 ENVTR0”TAL 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.
/ 0
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is
on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED:
ATTEST:
DON NEU
Assistant Planning Director
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ip
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II -
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: ZCA 04-03LCPA 04-1 8
DATE: November 12.2004
BACKGROUND
1.
2.
3.
4.
5.
6.
7.
8.
9.
CASE NAME: Temporary Buildings
LEAD AGENCY NAME AND ADDRESS: City of Carlsbad
CONTACT PERSON AND PHONE NUMBER: Michael Grim 760-602-4623
PROJECT LOCATION: Citywide in the City of Carlsbad
PROJECT SPONSOR’S NAME AND ADDRESS:
Carlsbad, CA 92008
City of Carlsbad, 1635 Faraday Av,
GENERAL PLAN DESIGNATION: N/A
ZONING: N/A
OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): California Coastal Commission
PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES: 1
Request for a Neeative Declaration. Zone Code Amendment, and Local Coastal Promam Amendment to
amend Title 21 of the Carlsbad Municipal Code to define mobile and modular buildings and allow for the .
temuorarv placement of mobile buildings by Conditional Use Permit in all zones.
1 Rev. 07/03/02
/7
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 ’Tncorporated” as indicated by the checklist on the following pages.
-
0 Aesthetics
c] Agricultural Resources
Geology/Soils 0 Noise
u Population and Housing HazardsMazardous Materials
[7 Air Quality [7 HydrologyrWater Quality 0 Public Services
0 Biological Resources 0 Land Use and Planning Recreation
Cultural Resources [7 Mineral Resources 0 TransportatiodCirculation
[7 Utilities & Service Systems Mandatory Findings of
Significance
2 Rev. 07lQ3IO2
DETERMINATION. -
(To be completed by the Lead Agency)
lxl
0
0
0
I find that the proposed project COULD NOT ave a signlficant 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 sigmficant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have “potentially sidicant 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 sigmficant 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
E”MENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that areA@osed upon the proposed project. Therefore, nothing further is required.
3 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 sigtllscant 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 Wo Impact” answer is
adequately supported if the referenced mformation 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-speclfic 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 Sigd5cant Impact” to a “Less Than Sigmfkant 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 sigdicant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is si&icantly
adverse.
Based on an “EIA-Part II”, if a proposed project could have a potentially significant adverse effect on the
environment, but ail potentially simcant 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, includmg revisions or mitigation
measures that are imposed upon the proposed project, and none of the circumstances refluiring 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 Si@icant Impact” is checked the project is not necessarily required to prepare an EIR
if the simcant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a “Statement of Ovemding 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, 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.
4 Rev. 07/03/02
40
An EIR be prepared if “Potentially Sigdicant Impact” is checked, and including but not limited to
the following circumstances: (1) the potentially sigdicant 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 sigrdicant; (2) a “Statement of Overriding.
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 sigdcant; or (4) through the
EM-Part II analysis it is not possible to determine the level of sigmficance 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 dmussion 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 sigzllfcant.
Issues (and Supporting Information Sources).
I. AESTHETICS - Would the project:
Potentially Potentially
Significant Significant
Impact Unless
Mitigation
Incorporated
II.
0
0 0
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, includmg but
not limited to, trees, rock outcroppings, and hstoric
buddings within a State scenic highway?
17 17 c) Substantially degrade the existing visual character or quality of the site and its surroundings?
17 0 d) Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
Less Than No
Significant Impact
Impact
AGRICULTURAL RESOURCES - (In determining
whether impacts to agricultural resources are sigmfkant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
a) 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?
0 UIXI
o 17 0.H b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
5 Rev. 07/03/02
Issues (and Supporting Information Sources).
-
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
XII. 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:
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 Significant Impact
El
0
0
0
17
I7
0
0
Potentially Less Than
Significant Significant
Unless Impact
Mitigation [ncomorated 0 0
0
0 0
cl 0
0
No Impact
IXI
IXI
IXI
IXI
Ix1
IXI
IXI
6 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?
IV. CULTURAL RESOURCES -Would the project:
Cause a substantial adverse' change in the sigmficance
of a historical resource as detined in Q 15064.5?
Cause a substantial adverse change in the sigmfxance
of an archeological resource pursuant to 0 15064.5?
Directly or inbectly destroy a unique
paleontological resource or site or unique geologic
feature?
Disturb any human remains, including those interred
outside of formal cemeteries?
,W. 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:
i.
u.
... 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?
Potentially
Significant
Impact
0
El
0
0
0
0
0
0
0
0
0
Potentially
Significant
Unless
Mitigation
Incorporated 0
o
17
17
0
0
17
0
0
17
0
0
Less Than
Significant
Impact
0
0
0
0
0
0
0
/
0
0
17
No
Impact
IXI
IXI
IXI
IXI
IXI
IXI
IXI
!XI
IXI
7 Rev. 07/03/02 2.3
Issues (and Supporting Infomation Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact
Mitigation Incornorated ~~ 0 0- 0 Ixl. a) Result in substantial soil erosion or the loss of topsoil?
0 ow b) 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?
0 17 ow c)
17 0 ow d) 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?
N. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
0 ow
0 0 ow
Create a sigruficant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions invol&g the release- of
hazardous materials into the environment?
0 0 ow Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
0 ow Be located on a site whlch is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 659625 and, as a result,
would it create a sigmficant hazard to the public or
environment?
0 0 ow For a project withm an alrport land use plan, or
where such a plan has not been adopted, withm 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?
0 ow
8 Rev. 07/03/02
Issues (and Supporting Information Sources).
-
Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
Expose people or structures to a sigmficant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
MII. HYDROLOGY AND WATER QUALITY - Would the
project:
Violate any water quality standards or waste
&scharge 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 whch would not support
existing land uses or planned uses for which permits
have been granted)?
Impacts to groundwater quality?
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?
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?
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!
Otherwise substantially degrade water quality?
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?
Potentially Significant Impact
0
0
0
0
0
0
0
0
Potentially Less Than Significant Significant Unless Impact
Mitigation
Incorporated 0 0
0 0
0 0 o/ 0
0 0
0 0
0
0
No
Impact
IXI
IXI
IXI
la
[XI
[XI
[XI
€Kl
!XI
[XI
9 46 Rev. 07/03/02
Issues (and Supporting Information Sources).
-
i) Place within 100-year flood hazard area structures,
whch would impede or reduect flood flows?
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?
j)
Potentially Potentially Less Than No Significant Significant Significant Impact
Impact Unless Impact Mitigation Incorporated 0 ON
0 0 ow
cl 17 ow
0 ow k) Inundation by seiche, tsunami, or mudflow?
1) Increased erosion (sediment) into receiving surface
waters.
0 0 ow 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,
dssolved oxygen or turbidity)?
0 ow n) Changes to receiving water quality (marine, fiesh or wetland waters) during or following construction?
0 OH 0) Increase in any pollutant to an already impaired water
body as listed on the Clean Water Act Section 303(d)
list?
CIKI
/
0 p) The exceedance of applicable surface or groundwater
receiving water quality objectives or degradation of
beneficial uses?
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
!XI- ow
0 0 ow c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
X. MINERAL RESOURCES - Would the project:
0 0 OH 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 ow 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?
10 Rev. 07/03/02
Issues (and Supporting Information Sources). Potentially Significant Impact
Potentially Less Than No Significant Significant Impact
Mitigation Incorporated
Unless Impact
-
X. NOISE - Would the project result in:
0 ow a) 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 ow b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise
levels?
c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing
without the project?
0 ow
ow d) A substantial temporary or periodx increase in
ambient noise levels in the project vicinity above
levels existing without the project?
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 working in the
project area to excessive noise levels?
0 El ow
D 0 For a project withm the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
X POPULATION AND HOUSING - Would the project:
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)?
Cl
CI ow b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
0 ow c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
XUI. 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 govemment facilities, the
construction of which could cause si@icant
environmental impacts, in order to maintain
acceptable service ratios, response times, or other
performance objectives for any of the public services:
11 Rev. 07/03/02
Issues (and Supporting Information Sources).
1)
ii)
iii)
iv)
v)
-
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
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?
Result in insufficient parking capacity?
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus tum-
outs, bicycle racks)?
Potentially
Significant
Impact
0
17
I7
0
0
0
0
0
0
Potentially
Significant Unless Mitigation
Incorporated 0
0
0
0
0
0
0
0
0
0
cl
0
0
0
Less Than Significant
Impact
0
0
0
0
cl
0
0
0
/
0
0
0
0
0
0
No Impact
IXI.
IXI
IXI
IXI
IXI
[XI
ixI
[XI
IXI-
w
[XI
[XI
[XI
[XI
12 Rev. 07/03/02
Issues (and Supporting Information Sources).
-
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 sipficant environmental effects?
Require or result in the construction of new storm
water drainage facfities or expansion of existing
facilities, the construction of which could cause
sidicant 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?
XW. 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 unpacts that are individually
limited, but cumulatively considerable? (“Cumula-
tively 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?)
Potentially Potentially Less Than NO
Significant Significant Significant Impact
Impact Unless Impact Mitigation
Incorporated
0
0
0
0
0
0
cl
0
0
0
0
cl 17
CI cl
0
/
0
17 cl
0
0
IXI
IXI
IXI
[XI
IXI
IXI
[XI
IxI
IXI
13 Rev. Q7lQ3JQ2 a9
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Significant Significant Significant Impact
Unless Impact Mitigation - Incorporated El 0 o[xI c) Does the project have environmental effects, which will cause the substantial adverse effects on human
beings, either directly or indirectly?
Xvm. 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 decIaration. Section
15063(c)(3)@). 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 wih 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.
14 Rev. 07/03/02 30
DISCUSSION OF ENVIRONMENTAL EVALUATION
The proposal involves a City-jnitiated Zone Code Amendment and Local Coastal Program Amendment to address
the use of mobile and modular buildmgs wih the City. The proposed ordinance would define mobile and modular
buildings and provide restrictions for the placement of mobile buildings through approval of a Conditional Use.
Permit. The proposal is consistent with the applicable portions of the General Plan and internally consistent with the
Zoning Ordinance.
AESTHETICS:
No Impact. No development is proposed with the Zone Code AmendmendLocal Coastal Program Amendment. In
addition, the proposed regulations include restrictions on the type of materials for the mobile buildings and the need
for screening of the undercarriage, thus improving the appearance of the structure. Therefore no impacts to
aesthetics will result.
AGRICULTURAL RESOURCES:
No Impact. The proposed Zone Code Amendmentnocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Therefore, no impacts to agricultural resources will occur.
AIR QUALITY:
No Impact. The proposed Zone Code AmendmentlLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Therefore no increases in emissions, sources of dust, or objectionable odors will
occur as a result of the proposed ordinance.
BIOLOGICAL RESOURCE:
No Impact. The proposed Zone Code Amendmentnocal Coastal Program Amendment does not involve any
construction and any site-specific unpacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Therefore, the proposed orlnance will not have an adverse 'hpact on biological
resources.
CULTURAL RESOURCES:
No Impact. The proposed Zone Code Amendmentnocal Coastal Program Amendment does not involve any .
construction and any site-specific unpacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Therefore, no impacts to cultural resources would result.
GEOLOGY AND SOILS:
No impact. The proposed Zone Code AmendmentLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Therefore, no adverse impacts due to geology or soils will result.
HAZARDS AND HAZARDOUS MATERIALS
No Impact. The proposed Zone Code Amendment'Local Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Condhonal Use Permit for the placement
of a mobile building on that site. In addition, the mobile buildings are required to meet all applicable state and
federal regulations for construction and safety. Therefore, no hazards or hazardous materials will result due to the
proposed ordinance.
HYDROLOGY AND WATER QUALITY:
No Impact The proposed Zone Code Amendmentnocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the conditional Use Permit for the placement
15 Rev. 07/03/02 3/
of a mobile building on that site. Therefore no impacts to hydrology or water quality will result from the proposed
ordinance.
LAND USE AND PLANNING: -
No Impact. The proposed ordinance is consistent with the applicable portions of the General Plan and internally.
consistent with the Zoning Ordinance and the Local Coastal Program. The proposed Zone Code AmendmentLocal
Coastal Pr6gram &endment does not involve any construction and any site-specific impacts will be reviewed as
part of the Conditional Use Permit for the placement of a mobile building on that site. Therefore, no adverse impacts
to land use and planning will occur due to the proposal.
MINERAL RESOURCES:
No Impact. The proposed Zone Code AmendmentLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. . Therefore, no adverse impacts to mineral resources will result due to the proposed
ordinance.
NOISE:
No Impact. The proposed Zone Code AmendmentLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile buildmg on that site. No new sources of noise will occur with the proposed ordinance. Therefore, no
adverse impacts due to noise will result.
POPULATION AND HOUSING:
No Impact. The proposed Zone Code AmendmentLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Given the above, the proposal would not cause any adverse impacts to population
and housing.
PUBLIC SERVICES:
No Impact. The proposed Zone Code AmendmentlLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Given the above, no adverse impacts to public services would occur.
/
RECREATION:
No Impact. The proposed Zone Code AmendmentLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Therefore, no adverse impacts to recreation will result fiom the proposal.
TRANSPORTATION/T'RFIC :
No Impact. The proposed Zone Code AmendmentLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. In addition, the mobile buildings are required to meet all requirements of the State
Department of Transportation. Given the above, no adverse impacts to transportation or traffic will occur.
UTILITY AND SERVICE SYSTEMS:
No Impact. The proposed Zone Code AmendmedLocal Coastal Program Amendment does not involve any
construction and any site-specific impacts will be reviewed as part of the Conditional Use Permit for the placement
of a mobile building on that site. Therefore, no adverse impacts to said services would occur.
16 Rev. 07/03/02
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.
1. Final Master Environmental Impact Reuort for the City of Carlsbad General Plan Update (MEIR 93-01)..
City of Carlsbad Planning Department. March 1994.
17 33 Rev. 07/03/02
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PLANNING COMMISSION RESOLUTION NO. 5696
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO AMEND
VARIOUS SECTIONS OF .THE CARLSBAD MUNICIPAL
CODE TO DEFINE MOBILE AND MODULAR BUILDINGS
AND PROVIDE FOR TEMPORARY PLACEMENT OF
MOBILE BUILDINGS BY CONDITIONAL USE PERMIT.
CASE NAME: TEMPORARY BUILDINGS
CASE NO: ZCA 04-03
WHEREAS, City of Carlsbad has filed a verified application with the City of
Carlsbad; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated, January 5, 2005, and attached hereto TEMPORARY
BUILDINGS - ZCA 04-03; and
WHEREAS, the Planning Commission did on the 5th day of January 2005, 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 Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plang
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
03, based on the following findings:
RECOMMENDS APPROVAL of TEMPORARY BUILDINGS - ZCA 04-
Findings:
1. That the proposed Zone Code Amendment is consistent with the General Plan in that it
facilitates the provision of a pleasing visual form for the community by establishing
standards for the placement and appearance of mobile buildings; assists in the
provision of adequate shelter by allowing for the use of mobile buildings for
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temporary or emergency shelter needs; and minimizes injury and damage resulting
from potential seismic events by requiring the installation of seismic tie-downs for
all mobile buildings
2. That the proposed ZCA reflects sound principles of good planning in that it is consistent
with the General Plan and ensures consistency between the various provisions of the
Zoning Ordinance and the implementing ordinance of the Local Coastal Program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 5th day of January 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFF CARLSBAD PLANNING COMMISSION
ATTEST:
A n DON NEU
Assistant Planning Director
PC RES0 NO. 5696 -2- 3 5
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PLANNING COMMISSION RESOLUTION NO. 5805
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING
ORDINANCE OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO DEFINE MOBILE AND MODULAR
BUILDINGS AND PROVIDE FOR TEMPORARY
PLACEMENT OF MOBILE BUILDINGS BY CONDITIONAL
USE PERMIT.
CASE NAME: TEMPORARY BUILDINGS
CASE NO: LCPA 04-18
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, “Developer,” has filed a verified application for
an amendment to the Local Coastal Program implementing ordinance; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “X” dated January 5, 2005, attached to Planning
Commission Resolution No. 5696 and incorporated herein by referende, 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 5th day of January 2005, 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.
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A)
B)
That the foregoing recitations are true and correct.
At the end of the State mandated six week review period, starting on November
18, 2004 and ending on December 29, 2004, staff shall present to the City
Council a summary of the comments received.
That based on the evidence presented at the public hearing, the Commission
18 based on the following findings, and subject to the following conditions:
C) RECOMMENDS APPROVAL of TEMPORARY BUILDINGS - LCPA 04-
Findings:
1.
2.
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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 Carlsbad Local Coastal Program, in that no construction is proposed with this
amendment and all future placement of mobile buildings within the Coastal Zone
would be subject to discretionary review and a Coastal Development Permit to
ensure consistency with Local Coastal Program policies.
That the proposed amendment to the implementing ordinance of the Carlsbad Local
Coastal Program is required to bring it into consistency with the City’s Zoning
Ordinance. /
PC RES0 NO. 5805 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 5th day of January 2005, by the foHowing
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN: Q4
CARLSBAD PLANNING COMMISSION
ATTEST:
fi
DON NEU
Assistant Planning Director
PC RES0 NO. 5805 -3- 38
The City of Carlsbad Plannlng Department EXHIBIT 5
A REPORT TO THE PLANNING COMMISSION
ItemNo. @
P.C. AGENDA OF: January 5,2005
Application complete date: N/A
Project Planner: Michael Grirn
Project Engineer: NIA
SUBJECT: ZCA 04-03LCPA 04-18 - TEMPORARY BUILDINGS - Request for a
Negative Declaration, Zone Code Amendment, and Local Coastal Program
Amendment to define mobile and modular buildings and to allow the temporary
placement of mobile buildings by Conditional Use Permit in all zones.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5695,
RECOMMENDING ADOPTION of the Negative Declaration issued by the Planning Director
and ADOPT Planning Commission Resolutions No. 5696 and 5805 RECOMMENDING
APPROVAL of Zone Code Amendment ZCA 04-03 and Local Coastal Program Amendment
LCPA 04- 1 8, based upon the findings contained therein.
11. INTRODUCTION
The proposal involves a City-initiated Zone Code Amendment and Local Coastal Program
Amendment to address the use of mobile and modular buildings within the Ci6. The proposed
ordinance would define mobile and modular buildings and provide restrictions for the placement
of mobile buildings through approval of a Conditional Use Permit. The proposal is consistent
with the applicable portions of the General Plan and internally consistent with the Zoning
Ordinance and the Local Coastal Program.
111. PROJECT DESCRIPTION AND BACKGROUND
The City of Carlsbad Planning Department is requesting approval of a Zone Code Amendment
and Local Coastal Program Amendment to define mobile and modular buildings and provide
regulations for the placement of mobile buildings through a Conditional Use Pennit. Currently,
there is no definition for mobile or modular buildings in the Zoning Ordinance. The Zoning
Ordinance does refer to trailers and commercial coaches, presumably to describe mobile
buildings. In addition, the regulations governing the placement of mobile buildings are not clear.
Typically, these temporary buildings are used to house uses that require Conditional Use Permits,
such as schools or church facilities. Therefore, these buildings have been allowed under the CUP
provision for that particular conditional use. Section 21.42.010(5)(s) states that the temporary
use of trailers or mobile homes for commercial offices may be permitted for up to one year
through approval of a Conditional Use Permit. However, many of the proposed uses for mobile
buildings do not include commercial offices, thereby leaving a gap in the regulation if the
proposed use of the mobile building is neither a conditional use nor a commercial office.
ZCA 04-03LCPA 04- 18 - TEMPORARY BUILDINGS
January 5,2005
Page 2
The proposed Zone Code Amendment and Local Coastal Program Amendment proposes to close .
this gap in regulation and clarify the difference between mobile and modular buildings. The
ZCA, as contained in the City Council Ordinance attached to Planning Commission Resolution
No. 5696 has essentially four components:
1. The addition of definitions for mobile buildings and modular buildings to Chapter
21.04 of the Zoning Ordinance. Mobile buildings would be defined as a structure
constructed on a permanent chassis that requires vehicle registration from the
State Department of Transportation. The construction of mobile buildings is
regulated by the State Department of Housing and Community Development
rather than the California Building Code. There is limited variety to the design of
mobile buildings and they are typically rectangular in shape and have a shallow
pitched roof. They can be wholly contained on one trailer chassis or have
multiple sections that are connected on the site. Other common names for mobile
buildings would include office trailers and commercial coaches.
Modular buildings are structures that are prefabricated but not attached to a
permanent chassis. They are constructed in accordance with the California
Building Code and transported to the construction site in sections or panels and
assembled on site, similar to the technique used to move large existing homes.
Unlike the typical mobile building, modular buildings can have a wide variety of
shapes and roof pitches and can look like a standard structure once assembled.
An example of a modular building is the Agua Hedionda Lagoon Visitor’s Center
located on Cannon Road at the terminus of Faraday Avenue.
2. The addition of a requirement for a Conditional Use Permit for the placement of
mobile buildings in any zone. This requirement would apply regardless of the use
proposed for the mobile building.
standards for the actual structure as well as the manner of placement of the
building. For example, the mobile office must meet all applicable state and
federal regulations governing vehicle registration, construction, and temporary .
foundation system design. Since the mobile building is intended to be temporary
in nature, it would not be allowed to be placed on a permanent foundation. ft
would also need to meet all provisions of the underlying zone, including setbacks,
building coverage, and building height. To improve the aesthetic appearance of
the mobile building, the siding would be restricted to wood or stucco @e., no
metal siding) and the building must include skirting around the bottom to screen
the chassis and pads and piers of the foundation system.
The proposed regulations would establish -
Note: Given the newly created structure of the residential zones which include a
use table listing all permitted, conditional, and accessory uses, it is necessary to
amend each residential zone to include mobile buildings as an allowed conditional
use.
ZCA 04-03LCPA 04- 18 - TEMPORARY BUILDINGS
January 5,2005
Pane 3
3. The deletion of the section currently governinn the temporary use of trailers or.
mobile homes for commercial offices. This section is no longer necessary given
the regulations discussed in Section 2 above.
Proposed Use and
Improvements
4. The rearrangement of the location of the definition for motel due to the need to
keep definitions listed in alphabetical order. Since motel is referenced by section
number in the Conditional Use Ordinance, an adjustment to that reference is also
needed.
Compliance
IV. ANALYSIS
A. General Plan
The Temporary Buildings proposal is consistent with the applicable policies and programs of the
Public Safety elements. Table 1 below indicates how the project complies with these particular
elements of the General Plan.
t General Plan. Particularly relevant to the proposed ordinance are the Land Use, Housing, and
Element
Land Use
Housing
Public Safety
TABLE 1 - GENERAL PLAN COMPLIANCE
Use Classification, Goal,
Objective, or Program
Create a visual form for the
comm~~&~ that is pleasing to
the eye, rich in variety, highly
identifiable and reflecting
cultural and environmental
values of the residents.
Provide for housing
opportunities for groups with
special needs, including lower
income households, farm
workers, and homeless.
Minimize injury, loss of life,
and damage to property
resulting from potential
geologic and seismic disasters.
The proposed ordinance
standards for mobile
buildings, including type of
acceptable siding and the
requirement for skirting to
increase the aesthetic value of
mobile buildings.
contains development I
Yes
The proposed ordinance
allows the use of mobile
buildings for temporary
andor emergency shelters.
Yes --
The proposed ordinance
requires that all mobile
buildings comply with state
codes, including the
requirement for seismic tie-
downs.
Yes
Given the above, the proposed Temporary Buildings ordinance is consistent with the applicable
elements of the General Plan.
ZCA 04-03/LCPA 04- 18 - TEMPORARY BUILDINGS
January 5,2005
Page 4
Program, a Local Coastal Program Amendment is needed to effectuate the Zone Code
Amendment in the Coastal Zone. The policies of the Local Coastal Program emphasize topics
such as preservation of agricultural lands and scenic resources, protection of environmentally
sensitive resources, provision of shoreline access, and prevention of geologic instability and
erosion.
The proposed revisions to the Zoning Ordinance would be consistent with the policies of the
Local Coastal Program. No permanent construction or development is involved with the
proposed amendment. In addition, the placement of a mobile building on a particular site would
require a Conditional Use Permit and, if placed in the Coastal Zone, a Coastal Development
Permit. This required discretionary review would ensure that the proposed placement is
consistent with the policies of the Local Coastal Program. By processing a Local Coastal
Program Amendment, consistency between the City’s Zoning Ordinance and Local Coastal
Program would be maintained. Given the above, the Temporary Buildings proposal is consistent
with the Local Coastal Program.
V. ENVIRONMENTAL REVIEW
The proposed ordinance was reviewed for potentially adverse environmental impacts in
accordance with the requirements of the California Environmental Quality Act (CEQA). Since
the proposal does not involve physical development, many of the potential impacts of the
placement of mobile buildings on a site will be reviewed at the time of project proposal. As
discussed above, the proposed ordinance is consistent with the applicable policies of the General
Plan. By deleting the existing code regulating the temporary use of trailers and mobile homes
for commercial offices, the proposed Zone Code Amendment is internally cdnsistent with the
other portions of the Zoning Ordinance. Given the environmental analysis, a Notice of Intent to
Issue a Negative Declaration was posted on November 22, 2004 for public review. No
comments were received during the 30-day review period.
ATTACHMENTS:
1.
2.
3.
4. RedlinedStrikeout version of Ordinance
Planning Commission Resolution No. 5695 (Neg Dec)
Planning Commission Resolution No. 5696 (ZCA)
Planning Commission Resolution No. 5805 (LCPA)
Planning Commission Minutes January 5,2005 Page 1 EXHIBIT 6
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:OO P.M.
Date of Meeting: January 5,2005
Place of Meeting: COUNCIL CHAMBERS
CALL TO ORDER
Planning Commission Chairperson Segall called the Regular Meeting to order at 6:OO p.m.
PLEDGE OF ALLEGIANCE
Commissioner Montgomery led the pledge of allegiance.
ROLL CALL
Present:
Staff Present:
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery and Whitton
Don Neu, Assistant Planning Director
Jane Mobaldi, Assistant City Attorney
Michele Masterson, Management Analyst
Barbara Kennedy, Associate Planner
Saima Qureshy, Associate Planner
Van Lynch, Senior Planner
Mike Grim, Senior Planner
David Rick, Assistant Engineer
John Maashoff, Associate Engineer
Bob Wojcik, Deputy City Engineer - Development Services
APPROVAL OF MINUTES
MOTION
ACT1 ON : Motion by Commissioner Montgomery, and duly seconded, to approve the
minutes of the Regular Meeting of December 15,2004 as amended.
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery and Whitton
VOTE: 7-0
AYES:
NOES: None
Chairperson Segall directed everyone’s attention to the slide on the screen to review the procedures the
Commission would be following for that evening’s public hearing.
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA
None.
PUBLIC HEARINGS
Chairperson Segall opened the public hearing and asked Assistant Planning Director, Don Neu, to
introduce the first item.
1. GPA 04-09/ZC 04-05/LCPA 04-08 - KELLY CORPORATE CENTER GPNZC -
Request for approval of a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to change the Residential Medium Density (RM) and
Planned Industrial (PI) General Plan designations to Open Space and a Zone Change
from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q),
Residential Single-family with a Qualified Development Overlay (R-1 -Q) and Planned
Industrial (PM) zoning designations to Open Space on roughly 9.5 acres of property
43
Planning Commission Minutes CORRRCTRD
within the Kelly Corporate Center industrial subdivision generally located on the
southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden
Valley Road and Aviara Parkway, south of Palomar Airport Road, in Local Facilities
Management Zone 5.
4. ZCA 04-03/LCPA 04-18 - TEMPORARY BUILDINGS - Request for a Negative
Declaration, Zone Code Amendment, and Local Coastal Program Amendment to define
mobile and modular buildings and to allow the temporary placement of mobile buildings
by Conditional Use Permit in all zones.
Mr. Neu stated that agenda Items 1 and 4 are normally heard in a public hearing context, however, the
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 a consent Item, including the errata sheets, if any. If the Commission or someone from the public
wishes to pull an Item, Staff would be available to respond to questions.
Chairperson Segall asked if there was anyone who wished to pull Items 1 or 4, or if any of the
Commissioners wished to speak on an Item.
MOTION
ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning
Commission approve Items 1 and 4.
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery and Whitton
VOTE: 7-0
AYES:
NOES: None
Chairperson Segall closed the Public Hearing and asked Mr. Neu to introduce the next item.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a
public hearing at 6:OO p.m. on Tuesday, March 8, 2005, to consider adoption of a Negative
Declaration and approval of a Zone Code Amendment and Local Coastal Program Amendment
to define mobile and modular buildings and to allow the temporary placement of mobile
buildings by Conditional Use Permit in all zones and more particularly described as City wide.
NOTE: BECAUSE OF CONSTRUCTION RENOVATION OF THE COUNCIL CHAMBERS AT
1200 CARLSBAD VILLAGE DRIVE, THE ANTICIPATED LOCATION OF THE COUNCIL
MEETING WILL BE AT THE SCHULMAN AUDITORIUM, DOVE LIBRARY, 1775 DOVE LANE,
CARLSBAD, CALIFORNIA.
IF THE CONSTRUCTION IS COMPLETE, THE REGULAR MEETING WILL BE AT THE
COUNCIL CHAMBERS AT 7200 CARLSBAD VILLAGE DRIVE.
PLEASE CHECK THE AGENDA ON-LINE OR CALL THE CITY CLERKS OFFICE TO
CONFIRM THE LOCATION OF THE CITY COUNCIL MEETING: (760) 434-2808.
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 Friday, March 4, 2005. If you have any
questions, please call Mike Grim in the Planning Department at (760) 602-4623.
If you challenge the Negative Declaration, Zone Code Amendment 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: ZCA 04-03lLCPA 04-1 8
CASE NAME: TEMPORARY BUILDINGS
PUBLISH: February 25,2005
CITY OF CARLSBAD
CITY COUNCIL
45
Temporary BuildingsTemporary BuildingsZCA 04-03/LCPA 04-18
Project DescriptionProject DescriptionZone Code Amendment and Local Coastal Zone Code Amendment and Local Coastal Program Amendment to:Program Amendment to:––Add definitions of mobile and modular Add definitions of mobile and modular buildingsbuildings––Allow mobile buildings in all zones with Allow mobile buildings in all zones with approval of a Conditional Use Permitapproval of a Conditional Use Permit––Delete section regarding temporary use of Delete section regarding temporary use of trailers or mobile homes for commercial usestrailers or mobile homes for commercial uses
DefinitionsDefinitionsMobile building:Mobile building:––Permanently attached to chassisPermanently attached to chassis––Construction regulated by State HCDConstruction regulated by State HCD––Vehicle registration requiredVehicle registration required––Limited variety of size, shape, and designLimited variety of size, shape, and design––Usually placed upon temporary foundationUsually placed upon temporary foundation
DefinitionsDefinitionsModular building:Modular building:––Transported in sections via flatbed trailerTransported in sections via flatbed trailer––Construction regulated by State Building CodeConstruction regulated by State Building Code––Not considered a vehicleNot considered a vehicle––Large variety in size, shape, and designLarge variety in size, shape, and design––Usually placed on a permanent foundationUsually placed on a permanent foundation––Includes prefabricated buildingsIncludes prefabricated buildings
Mobile Building StandardsMobile Building StandardsCUP required regardless of proposed useCUP required regardless of proposed useTemporary in nature Temporary in nature ––CUP term limited to CUP term limited to five years (with extensions possible)five years (with extensions possible)Must be placed on temporary foundationMust be placed on temporary foundationMust possess all necessary State certificates Must possess all necessary State certificates and registrationsand registrationsMust comply with all applicable regulationsMust comply with all applicable regulations
RecommendationRecommendationThat the City Council introduce Ordinance That the City Council introduce Ordinance No. NSNo. NS--746, approving the Zone Code 746, approving the Zone Code Amendment, and adopt Resolution No. Amendment, and adopt Resolution No. 20052005--060, approving the Negative 060, approving the Negative Declaration and Local Coastal Program Declaration and Local Coastal Program Amendment for Temporary Buildings.Amendment for Temporary Buildings.
Temporary BuildingsTemporary BuildingsZCA 04-03/LCPA 04-18