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HomeMy WebLinkAboutLCPA 90-08B; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA) (10)3 Hofman Planning Associates Don Neu Planning Department 2075 Las Palmas Drive Carlsbad, CA. 92009 SUBJECT: Initial Study For The Carlsbad Ranch Specific Plan Amendment Dear Don: It is our understanding that an Environmental Impact Report will be required for the processing of the Carlsbad Ranch Specific Plan Amendment and Tentative Map. Based on our conversations with you, an Environmental Impact Assessment - Part 1 will not be required as a part of the submittal package. In accordance with CEQA Guidelines, specifically section 15W(c), the initial review of the project is not required if it has been determined by the Lead Agency (City of Carlsbad) that "an EIR will be clearly required for the projectL ...". Since this determination has been made and we have verbally verified this with you, this letter serves as the official agreement that the Environmental Impact Assessment - Part 1 is not required. If you find that any of the above is not true or that you are not in agreement with the above, please contact our office at your earliest convenience. Sincerely, Bill Hofman a. chriscallrins Flemming Jensen shifts roles. There has been conrusion on this point because the agency could be viewed as either a Lead or a Responsible Agency. The section provides that when the agency acts in the Lead Agency mle, the time lhits ln- volved will be those that apply to a Lead Agency. Deeignatlon of 15053. Lt-&=cYbg (a) If there is a dispute over which of several agencies office of should be the Lead Ggency for a project, the disputing p- and agencies should consult with each other In an effort to m3eaxvh resolve the dispute prior to suhnitting it to OPR. If an agreement cannot be reached, any public agency , or the ap- plicant if a private project is involved, my mtxnit the dispute to OPR for resolution. (b) OPR shall designate a Lead Agency witkin 21 days after receiving a canpleted request to resolve a dispute. (c) Regulations adopted by OFR for resolving Lmd Agency disputes may be found in Title 14, Crrlifornia Administrative Code, Sections 16OOO et seq. (d) Designation of a Lead Agency by OPR siball be based on consideration of the criteria in Section 15052 as well a;; the capacity of the agency to adequately fulfill the re- quirements of -A. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21165, Public Resources Code; California Administrative Code , Title 14, Sectio-1s 160!M-lE041. Formerly Section 15065.5. Discussion: ---- The purpose of this section is to outline the 2rtwss tG be used by the Office of Planning and Research in resolving Lead Agency disputes. Because resolving a dlspute involves additional costs and delays for a project, the Guidelines require the disputing agencies to try.to resolve the issue among themselves. Only where an agreeroent cannot be reached, would the issue be submitted to WR. Gnce the dispute is submitted to OPR, certain formal steps aould be required in order to allow all interested parties to make their views known. These steps are contained in the regulations identified in subsection (c). This section outlines the pmcess 90 that public agencies can understand the process before deciding to sutmit a dispute to OPR. Article 5. Preliminary Review of Projects and Conduct of Initial Study -- -1- 15060. Bepier (a) A public agency is allowed 30 days to review for caDpleteness applications for permits or other entitlenents for use. While conducting this review for cunpleteness, 04 x -. the agency should be alert for environmental issues that might require preparation of an EIR or that my require additional explanation by the applicant. (b) Except as provided in Section 15111, the Lead Agency shall begin the formal environmental evaluation of the project after accepting an application as complete and determining that the project is subject to mA. Accepting an application as colnplete does not limit the authority of the Lead Agency to require the applicant to submit addi- tional information needed for enviromental evaluation of the project. (c) If the Lead Agency can detennine that an EIR will be clearly required for a project, the agency may skip further initial review of the project and begin mrk directly on the EIR pmcess described in Article 9, coamencing with Section 15080. In the absence of an Initial Study, the Lead Agency shall still focus the BIR on the significant effects of the pmject and indicate briefly its masons for detelmining that other effects would not be significant or potentially significant. Note: Authority cited-ections 21083 and 21087, Public Resources Code; Reference: Section 65944, Government Code; Section 21080.2, Public Resources Code. Discussion: This section describes the actions required of the Lead Agency when it receives an applicatbn for a project. 'Ibis section is necessary in order to save time that could otherwise be spent if the agency ignored environmental issues for the first 30 days of reviewing the application. The section is also necessary for allowFng the efficiencies that result from moving directly to the preparation of an EIR where the agency can see that one will clearly be required. This avoids the time involved in the separate step of preparing an Initial Study where the Lead Agency believes it will perform the work of identifying effects as significant or non-significant while it does simultaneous work preparing the EIR. This section also introduces the term "preliminary review" to apply to this early review of an application for ccm pleteness and for a possible exemption from CEQA. This term is needed to provide a shorthand way to referring to these early steps and to distinguish them from the more formal Initial Study process that follows preliminary revlw. Retviem for . 15061 . (a) As part of the preliminary review, a public agency shall determine whether a particular activity is exempt Ibecagti- frOm mA* 85