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HomeMy WebLinkAboutLCPA 02-05; Smith Property Land Use Change; Local Coastal Program Amendment (LCPA) (6)- “4 “//“c“eeg City of Carlsbad August 15,2002 Haissam Sallown, P.E., Unit Chief Department of Toxic Substances Control 5796 Corporate Avenue Cypress, CA 90630 MITIGATED NEGATIVE DECLARATION FOR SMITH PROPERTY LAND USE CHANGE (SCH #2002071128) Dear Mr. Salloum: This letter is in response to a letter received from the Department of Toxic Substances Control (DTSC) dated August 7, 2002, which provided comments in response to the Mitigated Negative Declaration (MND) referenced above. Some of DTSC’s comments are applicable to a development project. However, it should be clarified that the subject MND is for a project that consists of a land use and zone designation change from a commercial designation to a residential designation. There is no development proposal associated with the project. Therefore, some of DTSC’s comments are not applicable to this project, but they have been noted and will be considered during the review of future development proposals on the project site. The following information is provided in response to the comments received from DTSC: DTSC Comment: 1) The ND needs to identzfi and determine whether current or historic uses at the Project site have resulted in any release of hazardous wasteshbstances at the Project area. Response: There are no uses or structures currently on the project site, and there is no known historic use of the project site that resulted in any release of hazardous wasteshbstances. 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 - FAX (760) 602-8559 www.ci.carlsbad.ca.us @ h -, LETTER TO DEPARTMEb’r OF TOXIC SUBSTANCES CONTR,, MITIGATED NEGATIVE DECLARATION FOR SMITH PROPERTY LAND USE CHANGE August 15,2002 Pane 2 of 3 DTSC Comment: 2) The ND needs to identlfj, any known or potentially contaminated site within the proposed Project area. For all identified sties, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. Response: There is no known or potentially contaminated site within the project area. The nearest site identified on the State of California Hazardous Waste and Substances Sites List is approximately * 1.5 miles north of the site and will not impact environmental conditions at the project site. DTSC Comment: 3) The ND should identlfj, the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and the government agency to provide appropriate regulatory oversight. Response: Because there are no known hazardous substances on the site, there is no required investigation or remediation associated with the proposed land use and zone change. Any future development projects on the site will be subject to CEQA review, which will be the mechanism to initiate any investigation if it is determined necessary. The City of Carlsbad is the lead government agency that provides regulatory oversight on projects that require investigation or remediation. DTSC Comment: 4) The ND states that the project site is an undeveloped infill site. rfthe site is filled up with imported soil, proper sampling is required to make sure that the site is not contaminated with hazardous substances. Response: The term “infill site” does not refer to soil fill. Rather, it is a planning term used to describe a site that is located in an area that is mostly developed with few vacant parcels or areas of land left to build on. In other words, an “infill” development would “fill-in” a vacant site in an area that is mostly developed. With regard to this project, the site is vacant and surrounded by urban development, and, therefore, is considered an “infill site”. -. LETTER TO DEPART ME^ r OF TOXIC SUBSTANCES CONTR,, MITIGATED NEGATIVE DECLARATION FOR SMITH PROPERTY LAND USE CHANGE August 15,2002 PaPe 2 of 3 DTSC comments 5 through 9 refer to the construction of a project on the site. As stated above, there is no development associated with the proposed land use and zone change. Therefore, those comments are not applicable at this time, but will be considered during the review of any future development proposal on the site. The City of Carlsbad appreciates DTSC’s review and consideration of the project Mitigated Negative Declaration. If you have any questions or require additional information, please contact me at (760) 602-4637. Sincerely, e U J NNIFER COON Associate Planner JC:mh c: Governor’s Office of Planning and Research State Clearinghouse PO Box 3044 Sacramento, CA 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control PO Box 806 Sacramento, CA 95812