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HomeMy WebLinkAboutSP 144G; SDG&E Wastewater Facility; Specific Plan (SP) (2)Hofman Planning Associates 3 0 1995 Planning Project Management Fiscal Analysis March 22, 1995 Don Neu Planning Department 2075 Las Palmas Drive Carlsbad, CA. 92009 SUBJECT: Environmental Impact Analysis For The SDG&E Specific Plan Amendment Dear Don: This letter represents our understanding of the environmental review requirements of the SDG&E Specific Plan Amendment, LCP Amendment and Zone Change for property located north of Cannon Road between Car Country Drive and future Faraday Avenue. At the time of the submittal of the Carlsbad Ranch Specific Plan Amendment, we realized that an Environmental Impact Report will be required for the processing of this specific plan. Based on our recent conversations with you, the EIR will address all impacts of the proposed project including the area north of Cannon Road proposed for the development of two holes of a nine hole golf course that is planned as a part of the Carlsbad Ranch Specific Plan. With the above understanding and in accordance with CEQA Guidelines section 15060(c), the initial review of the project is not required since it has been determined by the City that "an EIR will be clearly required for the project,...". Since the SDG&E Specific Plan Amendment proposes changes that will be addressed in the EIR for the Carlsbad Ranch Specific Plan Amendment, an Environmental Impact Assessment - Part 1 is not required for the submittal of the SDG&E Specific Plan Amendment. If you have any questions, please feel free to give me a call. Sincerely, Bill Hofman cc. Chris Calkins 2386 Faraday Avenue « Suite 120 • Carlsbad « CA 92008 • (619)438-1465 • Fax: (619)438-2443 roles. There has been effusion 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 role, the time limits in- volved will be those that apply to a Lead Agency. Designation of Lead Agency by Office of Planning and Research 15053. (a) If there is a dispute over which of several agencies should be the Lead Agency for a project, the disputing agencies should consult with each other in an effort to resolve the dispute prior to submitting it to OPR. If an agreement cannot be reached, any public agency, or the ap- plicant if a private project is involved, may submit the dispute to OPR for resolution. (b) OPR shall designate a Lead Agency within 21 days after- receiving a completed request to resolve a dispute. (c) Regulations adopted by OFR for resolving Lead Agency- disputes may be found in Title 14, California Administrative Code, Sections 16000 et seq. (d) Designation of a Lead Agency by OPR shall be based OP consideration of the criteria in Section 15052 as well as the capacity of the agency to adequately fulfill the re- quirements of QEQA. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21165, Public Resources Code; California Administrative Code, Title 14, Sections 16000-16041. Formerly Section 15065.5. Discussion: The purpose of this section is to outline the process to bs used by the Office of Planning and Research in resolving Lead Agency disputes. Because resolving a dispute involves additional costs and delays for a project, the Guidelines require the disputing agencies to try .to resolve the issu<? among themselves. Only where an agreement cannot be reached, would the issue be submitted to OPR. Onc-.e the dispute is submitted to OPR, certain formal steps *ould 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 process so that public agencies can understand the process before deciding to submit a dispute to OPR. Article 5. Preliminary Review of Projects and Conduct of Initial Study Preliminary Review 15060. (a) A public agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. While conducting this review for completeness, 84 the agency should be alert for environmental issues that might require preparation of an EIR or that may 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 CEQA. Accepting an application as complete does not limit the authority of the Lead Agency to require the applicant to submit addi- tional information needed for environmental evaluation of the project. (c) If the Lead Agency can determine that an EIR will be clearly required for a project, the agency may skip further initial review of the project and begin work directly on the EIR process described in Article 9, commencing with Section 15080. In the absence of an Initial Study, the Lead Agency shall still focus the EIR on the significant effects of the project and indicate briefly its reasons for determining that other effects would not be significant or potentially significant. Note: Authority cited: Sections 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 application for a project. This 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 allowing 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 com- 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 review. Review for 15061. Exemption (a) As part of the preliminary review, a public agency shall determine whether a particular activity is exempt from CEQA. 85 H of man Planning Associates July 5 1994 CITY OF CARLSBAD PLANNING DEFT. 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 15060(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 project, ...". 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 cc. Chris Calkins Flemming Jensen Su'te 120 • Cc'lsocd • CA =2008 • (619)438-1465 • Fox shifts roles. There has been contusion 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 role, the time limits in- volved will be those that apply to a Lead Agency. Designation of Lead Agency by Office of Planning and Research 15053. (a) If there is a dispute over which of several agencies should be the Lead Agency for a project, the disputing agencies should consult with each other in an effort to resolve the dispute prior to submitting it to OPR. If an agreement cannot be reached, any public agency, or the ap- plicant if a private project is involved, may submit the dispute to OPR for resolution. (b) OPR shall designate a Lead Agency within 21 days after receiving a completed request to resolve a dispute. (c) Regulations adopted by OFR for resolving Lead Agency disputes may be found in Title 14, California Administrative Code, Sections 16000 et seq. (d) Designation of a Lead Agency by OPR shall be based on consideration of the criteria in Section 15052 as well as the capacity of the agency to adequately fulfill the re- quirements of CBQA. Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21165, Public Resources Code; California Administrative Code, Title 14, Sections 16000-16041. Formerly Section 15065.5. Discussion: The purpose of this section is to outline the process to be used by the Office of Planning and Research in resolving Lead Agency disputes. Because resolving a dispute involves additional costs and delays for a project, the Guidelines require the disputing agencies to try .to resolve^-the issu<* among themselves. Only where an agreement cannot be reached, would the issue be submitted to OPR. Once the dispute is submitted to OPR, certain formal steps would 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 process so that public agencies can understand the process before deciding to submit a dispute to OPR. Article 5. Preliminary Review of Projects and Conduct of Initial Study Preliminary Review 15060. (a) A public agency is allowed 30 days to review for cou5>leteness applications for permits or other entitlements for use. While conducting this review for completeness, 84 the agency should be alert for environmental issues that might require preparation of an EIR or that may 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 CEQA. Accepting an application as complete does not limit the authority of the Lead Agency to require the applicant to submit addi- tional information needed for environmental evaluation of the project. (c) If the Lead Agency can determine that an EIR will be clearly required for a project, the agency may skip further initial review of the project and begin work directly on the EIR process described in Article 9, commencing with Section 15080. In the absence of an Initial Study, the Lead Agency shall still focus the EIR on the significant effects of the project and indicate briefly its reasons for determining that other effects would not be significant or potentially significant. Note: Authority cited: Sections 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 application for a project. This 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 allowing 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 com- 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 review. Review for 15061. Exemption (a) As part of the preliminary review, a public agency shall determine whether a particular activity is exempt from CEQA. 85