Loading...
HomeMy WebLinkAboutRP 00-03; Jack in the Box; Redevelopment Permits (RP) (3)Citv of Carlsbad Housing & Redevelopment Department CITY OF CARLSBAD NOTICE OF INTENDED ACTION REPLACEMENT OF LANDSCAPING AND ADDITION OF OUTDOOR EATING AREA JACK IN THE BOX 901 CARLSBAD VILLAGE DRIVE, CARLSBAD, CA. Date of Notice: June 22, 2000 NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Director of the City of Carlsbad intends to APPROVE an Administrative Redevelopment Permit (RP 00-03) for the replacement of landscaping and the addition an outdoor eating area in conjunction with the Jack in the Box restaurant located at 901 Carlsbad Village Drive. The business is located at the southeast corner of Carlsbad Village Drive and Harding Street. Under the proposal, a maximum of 3 tables (2 with umbrellas) and 10 seats will be added to the west side of the existing building. In addition, landscaping shall be added at grade and within planters along the north and west sides of the property. Those persons wishing to comment on the proposed project and intended action by the Housing and Redevelopment Director are cordially invited to submit written comments or contact the Housing and Redevelopment Department by 5:00pm on Monday, July 3, 2000. If you have comments on the proposed project and intended action, please contact Lori Rosenstein in the Housing and Redevelopment Department at (760) 434-2813 or (760) 434-2810. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. NOTICE IS HEREBY ALSO GIVEN that the Planning Department has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15304 of the State CEQA Guidelines and will not have an adverse significant impact on the e.ivironment. The City of Carlsbad Planning Department will file appropriate documentation for the "exemption". Case File: RP 00-03 Case Name: Jack in the Box Outdoor Eating Area Assessor Parcel Number: 203-353-09 (For Site Map, See Reverse Side of this Notice) 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ Citv of Carlsbad Housing & Redevelopment Department CITY OF CARLSBAD NOTICE OF RNAL ACTION REPLACEMENT OF LANDSCAPING AND ADDITION OF OUTDOOR EATING AREA JACK IN THE BOX 901 CARLSBAD VILLAGE DRIVE, CARLSBAD, CA. Date of Notice: July 7, 2000 NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Director of the City of Carlsbad has made a final decision to conditionally APPROVE an Administrative Redevelopment Permit (RP 00-03) for the replacement of landscaping and the addition an outdoor eating area in conjunction with the Jack in the Box restaurant located at 901 Carlsbad Village Drive. The business is located at the southeast corner of Carlsbad Village Drive and Harding Street. Under the proposal, a maximum of 3 tables (2 with umbrellas) and 10 seats will be added to the west side of the existing building. In addition, landscaping shall be added at grade and within planters along the north and west sides of the property. If you wish to appeal the decision of the Housing and Redevelopment Director on this matter to the Design Review Board, you must file a written appeal with the Housing and Redevelopment Department within ten (10) calendar days of the date of this decision/notice. The written appeal must be submitted no later than 5:00pm on July 17, 2000. Appeal forms are available at the Housing and Redevelopment Department located at 2965 Roosevelt Street, Suite B. If you have questions regarding this permit, please contact Lori Rosenstein in the Housing and Redevelopment Department at (760) 434-2813 or (760) 434-2810. NOTICE IS HEREBY ALSO GIVEN that the Planning Department has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15304 of the State CEQA Guidelines and will not have an adverse significant impact on the environment. The City of Carlsbad Planning Department will file appropriate documentation for the "exemption". Case File: RP 00-03 Case Name: Jack in the Box Outdoor Eating Area Assessor Parcel Number: 203-353-09 (For Site Map, See Reverse Side of this Notice) 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ NOTICE OF E PTION FILE COPY To: County Clerk County of San Diego Mailstop 833, Attn: Mita PO Box 121750 SanDiego CA 92112-1750 From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 (760) 602-4600 Subject: Filing of this Notice of Exemption is in comphance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title: RP 00-03 - Jack in the Box outdoor dining Project Location - Specific: 901 Carlsbad Village Drive Project Location - City: Carlsbad Project Location - County: SanDiego Description of Project: Tables and chairs and landscaping modifications for outdoor dining Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: John Emmannelli Exempt Status: (Check One) ^ Ministerial (Section 21080(b)(1); 15268); ^ Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); I Categorical Exemption - State type and section number:, ^ Statutory Exemptions - State code number: 15301(e) Reasons why project is exempt: Expansion of existing facilities which does not exceed 50% of the existing floor area or 2400 square feet. Lead Agency Contact Person: Van Lvnch If filed by applicant: Telephone: (760)602-4613 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? MICH2^ J. JiOLZMILLER, Planning Director Signed by Lead Agency I I Signed by Applicant Date Revised October 1989 INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I This Environmental Impact Assessment (EIA) Form - Part I will be used to determine what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the Califomia Environmental Quality Act (CEQA) and Titie 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Recent judicial decisions have held that a "naked checklist," that is checklist that is merely checked "yes" or "no," is insufficient to comply with the requirements of the Califomia Environmental Quality act. Each "yes" or "no" answer must be accompanied by a written explanation justifying the "yes" or "no" answer. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Part II. RECEIVED MAR 22 2000 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: DATE RECEIVED: 3/2-D/OD (To be completed by staff) BACKGROUND CASENAME: 2. APPLICANT: /f^a/ t4/^ /^/A " /6^ cj^<\ 7^ (PX 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 9^^2, /kj?y 4. PROJECT DEKRIPTION: A^^g^V^ (^i/^cx 7^ J/Zypl/e'cl^ ^jZJ^i^^t(7l/ f-^/^^ SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. Q Land Use and Planning []] Transportation/Circulation Public Services Q Population and Housing Q Biological Resources Q Utilities & Service Systems I I Geological Problems Energy & Mineral Resources Q Aesthetics • Water Q Hazards [^j Cultural Resources • Air Quality • Noise Q Recreation Q Mandatory Findings of Significance 1 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 Impacf is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all 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 Impacf 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. Rev. 03/28/96 • 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. • An EIR must be prepared if "Potentially Significant Impacf 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 II 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. Rev. 03/28/96 Issues (and Supportmg Information Sources): LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) Potentially Significant Impact • • • • • Potentially Significant Unless Mitigation Incorporated • • • • • Less Than No Significan Impact t Impact • • • • • 0 0 2S II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) • • • • • • • 0 • m • 0 III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) Subsidence of the land? ( ) Expansive soils? ( ) g) h) i) Unique geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) • • • X • • • • • • K • • • • • • X' • • • • • • m • • • • • • • • • • • • 0 Rev. 03/28/96 Issues (and Supporting Information Sources): (SmM!&4Smimt§M^^ferrmto c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body?( ) e) Changes in currents, or the course or direction of water movements? ( ) 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? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal resuh in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting altemative transportation (e.g. bus tumouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic impacts? ( ) Potentially Potentially Less Than Significant Significant Significan Impact Unless t Impact Mitigation Incorporated • • • No Impact 0 • • • 0 • • • • • • • • • 0 • • • Kl • • • 0 • • • • • • 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • Rev. 03/28/96 Issues (and Supporting Information Sources): VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, msects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vemal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) 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? ( ) IX. 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? ( ) e) Increase fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal resuh in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significan Impact t Impact • • • • • • • • • • • • • • • • • • 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • M • • • • • • 0 Rev. 03/28/96 Issues (and Supporting Infonnation Sources): (Supplemental documenWmay. beYeferrec d) Maintenance of public facilities, including roads? ( ) e) Other govemmental services? ( ) 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) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage? ( ) f) Solid waste disposal? ( ) g) Local or regional water supplies? ( ) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? ( ) b) Have a demonstrate negative aesthetic effect? ( ) c) Create light or glare? ( ) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paieontological resources? ( ) b) Disturb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses withm the potential impact area? ( ) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significan t Impact No Impact • • • 0 • • • • • • ^ • • • s • • • s • • • s • • • 0 • • • E\ • • • 0 • • • 0 • • • E] • • • 0 • • • • • • • • • • • • ,^ • • • 0 • • • • • • m Rev. 03/28/96 Issues (and Supporting Information Sources): 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 Califomia 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? Potentially Significant Impact O Potentially Significant Unless Mitigation Incorporated • • • Less Than No Significan Impact t Impact • ^ • ^ • ^ 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. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects firom the above checklist were wdthin 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. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impacf or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion ofthe impacts to these environmental factors. AIR OUALITY: 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. 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 altemative 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 Impacf. 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. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections 9 Rev. 03/28/96 are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop altemative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, 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 recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLICABLE^ ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 10 Rev. 03/28/96