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HomeMy WebLinkAboutCDP 97-58A; Carlsbad Park Estates; Coastal Development Permit (CDP) (9)1 kJH$xQd %z-P9 m...mm.Gity of Carlsbad MITIGATED NEGATIVE DECLARATION Project Address/Location: Northwest quadrant at the corner of Park Drive and Monroe Street Project Description: Coastal Development Permit Amendment and Site Development Plan Amendment to construct 14 single family homes and two second dwelling units on previously subdivided and graded lots in the R-l- 10,000 zone. 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) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (760) 43% 116 1, extension 4477. DATED: September 7, 1999 CASE NO: SDP 98-05(A)/CDP 97-58(A) CASE NAME: MAY SUBDIVISION PUBLISH DATE: September 7, 1999 Planning Director 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: SDP 98-05(AY CDP 97-58(A) DATE: Julv 21. 1999 BACKGROUND 1. CASE NAME: May Subdivision 2. APPLICANT: Carlsbad Estates, LLC 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 110 Juniper Street, San Dieao, CA 92 10 1. (6 19) 702-2042 4. DATE EIA FORM PART I SUBMITTED: April7.1999 5. PROJECT DESCRIPTION: Coastal Development Permit amendment and Site Develoument , Plan amendment to allow 14 single familv homes and two second dwelling. units on previously subdivided and m-aded lots located in the northwest auadrant at the comer of Park Drive and Monroe Street in the R-1-10.000 zone. SUMMARY OF 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. Ix] Land Use and Planning TransportatiodCirculation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources Ix] Aesthetics water 0 Air Quality 0 Hazards u Cultural Resources 0 Noise [7 Recreation 0 Mandatory Findings of Significance Rev. 03/28/96 r- DETERMINATION. (To be completed by the Lead Agency) 0 0 0 IXJ 0 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 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 significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated 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 pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. 1 94-9 ;7 Planner Signature Date Date 2 Rev. 03/28/96 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 adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part 11”, if a proposed project could have a potentially significant effect on the environment, but potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental 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 (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 e If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce 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. e An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part 11 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. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (Source #I, #2) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Source #1, #2) c) Be incompatible with existing land use in the vicinity? (Source #I, #2) 0 0 0 OIXI OH 0 0 0 OIXI 0 0 d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (Source #1) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (Source #1)) 0 0 11. POPULATION AND HOUSING. Would the proposal: 0 a) Cumulatively exceed official regional or local population projections? (Source #1) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (Source #I) c) Displace existing housing, especially affordable housing? (Source #I) 0 0 OIXI 0 0 om 111. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (Sources #1,4) b) Seismic ground shaking? (Source #4) c) Seismic ground failure, including liquefaction? (Source #4) d) Seiche, tsunami, or volcanic hazard? (Source #3) e) Landslides or mudflows? (Source #3) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (Source #4) g) Subsidence of the land? (Source #4) h) Expansive soils? (Source #4) i) Unique geologic or physical features? (Source # 4) 0 0 0 0 0 OIXI OH OIXI IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! (Source #5) b) Exposure of people or property to water related hazards such as flooding? (Source #2,5) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Source #2) 0 0 om 0 0 0 0 OIXI 5 Rev. 03/28/96 fl Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Impact Unless Mitigation LessThan No Significant Impact Impact d) Changes in the amount of surface water in any water body? (Source #2) e) Changes in currents, or the course or direction of water movements? (Source #2) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Source #2) g) Altered direction or rate of flow of groundwater? (Source #2) h) Impacts to groundwater quality? (Source #2) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Source #2) Incorporated 0 0 0151 0 17 UIXI OIXI 0 cl 0 0151 0 0 0 UIXI OIXI V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (Source b) Expose sensitive receptors to pollutants? (Source c) Alter air movement, moisture, or temperature, or cause any change in climate? () d) Create objectionable odors? () #2) #2) 151 no IXI 0 0 00 ON OIXI 0 VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (Source #2) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Source #1) c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or bamers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? (Source #1) IXI 17 DO UN 0 0 UIXI 0 0 0 0 0 0 0 VII. BIOLOGICAL RESOURCES. Would the proposal Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (Source #1,2) b) Locally designated species (e.g. heritage trees)? (Source #1,2) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (Source #1,2) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source #1,2) result in impacts to: a) 0 0 OIXI 0 0 0 0 0 6 Rev. 03/28/96 r? Issues (and Supporting Information Sources). Potentially Significant Impact 0 e) Wildlife dispersal or migration corridors? (Source #I, 2) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (Source #1,2) b) Use non-renewable resources in a wastell and inefficient manner? (Source #1,2) c) 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? (Source #I, 2) o 0 E. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? () c) The creation of any health hazard or potential health hazards? d) Exposure of people to existing sources of potential health hazards? (Source #6) e) Increase fire hazard in areas with flammable brush, grass, or trees? () 0 0 0 0 X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Source #1,2) b) Exposure of people to severe noise levels? (Source #I, 2) 0 XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (Source #1) b) Police protection? (Source #2) c) Schools? (Source #1) d) Maintenance of public facilities, including roads? (Source #1) e) Other governmental services? (Source #2) 0 o 0 0 0 XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) b) Communications systems? () c) Local or regional water treatment or distribution facilities? (Source #1 , 2) d) Sewer or septic tanks? (Source #1,2) 0 0 0 0 Power or natural gas? (Sources #1,2) Potentially Less Than No Significant Significant Impact Mitigation Incomorated Unless Impact 0 om 0 0 o 0 0 0 IXI 0 0 0 0 0 0 0 0 0 0 om om om OB OB um on OB om om OIXI OIXI om om om om om 7 Rev. 03/28/96 /? Issues (and Supporting Information Sources). -1 Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 0 0 om 0 0 om 0 0 OB e) Storm water drainage? (Source #1,2) f) Solid waste disposal? (Source #1,2) g) Local or regional water supplies? (Source #1,2) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (Source b) Have a demonstrate negative aesthetic effect? c) (Source #2) Create light or glare? (Source #2) 0 0 OH 0 0 HO om 0 0 XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? () b) Disturb archaeological resources? () c) Affect historical resources? (Source #2) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (Source #2) e) Restrict existing religious or sacred uses within the potential impact area? (Source #2) 0 0 0 0 0 0 0 0 om om om OIXI 0 0 om XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (Source #1) b) Affect existing recreational opportunities? () 0 0 0 om om 0 XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) 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? b) 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)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 0 om om 0 0 0 0 om 8 Rev. 03/28/96 XVII. 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. In this case a discussion should identify the following on attached sheets: Section 15063(c)(3)(D). a) Earlier analyses used. Identie 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. 9 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION Proi ect Description The project consists of a coastal development permit amendment and a site development plan amendment allowing 14 one and two story single family residences and two attached second dwelling units formerly approved as detached second dwelling units on previously subdivided and graded single family lots located in the northwest quadrant within the boundaries of the Mello I1 LCP segment and R- 1 - 10,000 zone. Environmental Analvsis Ia/b/c. Land Use Placement of the single family units on the lots require compliance with Chapter 21.10 (R-1 - One Family Residential Zone) of the Carlsbad Municipal Code. The R-1 zone provides development standards for setbacks, building coverage, and building height and the proposed development meets or exceeds all minimum setback, building coverage, and building height standards. The subject site is located within the boundaries of the City’s Mello I1 LCP segment and is subject to the requirements of the Coastal Resource Protection Overlay Zone, however, due to its previously graded condition, none of the regulations apply to the project. The site is not located in the Coastal Shoreline Overlay Zone; therefore, the preservation of public views is not applicable. As stated above, the project is in compliance with the R-1 zone development standards for setbacks, building coverage, and building height. As required by the grading permit issued for the site, construction of the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. The single family homes are compatible with surrounding single family development in that the proposed craftsman architectural styles utilizing wood siding and shingles with cultured stone and river rock elements, shake tile roofs, and 4 muted colors schemes are similar to architectural styles, materials and colors found in the adjacent neighborhoods. Two single story and 12 two- story units are proposed, and except for the two units proposed with second dwelling units above the garages, the detached and attached garages on each lot are single story. This is consistent with the existing neighborhood which consists of a mix of one and two story units. Although the neighborhood currently consists of more single story homes than two story homes, there is no zoning restriction limiting remodels of existing homes to single story. It is therefore possible that in the future the mix of one and two story homes will change dramatically. V. Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. 10 Rev. 03/28/96 To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. Circulation a) The City has received its annual Growth Management Traffic Monitoring Report and the Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to $15162 of the CEQA Guidelines a lead agency must prepare “subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. XIII. Aesthetics b) The proposed homes, which consist of two two-story floor plans (Plans 1 and 2) and one single story floor plan (Plan 3) that range in size from 3,809 square feet to 4,107 square feet (including three car garages), are aesthetically consistent with the surrounding neighborhood. Two different facade treatments are proposed for each of the two-story units. Plan 1 has a detached single story garage located behind the main structure, Plan 2 has an attached single story garage located at the rear of the structure, and Plan 3 has a side loaded garage which results in a street scene exclusive of garage doors. The proposed architectural style is craftsman with steeply pitched shake tile roofs, wood and shingle siding, cultured stone and river rock trim elements, and enhanced window treatment on all elevations. Four different muted color schemes 11 Rev. 03/28/96 are proposed. The Plan 3 single story unit is proposed for Lots 10 and 13 fronting on Monroe Street and the remaining lots are proposed with a mix of Plans 1 and 2. Lots 7 and 8, which were previously approved with detached second dwelling units, are now proposed with a Plan 2 which is altered by the addition of a 625 square foot, one bedroom second dwelling unit located above the single story garage. Exterior stairway access is provided to the unit and a parking space is provided in the driveway outside of the front yard setback. SOURCE DOCUMENTS: - Note: Department located at 2075 Las Palmas Drive, Carlsbad, CA 92009, Phone (760) 438-1161. All source documents are on file in the Planning 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update certified September 6, 1994. 2. Mitigated Negative Declaration for May Subdivision (CT 97-24LCPA 97-12/ZC 97- 08/CDP 97-58) dated May 22, 1998. LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The Developer shall pay their fair share for the “short-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to issuance of a building permit. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 1 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 12 Rev. 03/28/96 FROM : PALMTAG DFIUIS COMMUNITIP; PHONE NO. : 619 702 2042 - Sep. 01 1999 .. ,;2:58PM P2 ... ........ ,. :. .:_:.. ’ ... ..... .. .? .. .. .. .. . ~ .. ‘. ...... ..... , 13