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HomeMy WebLinkAbout1997-01-09; City Council; Resolution 97-80 e EXHIBIT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 9 7 - 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUBSEQUENT NEGATIVE DECLARATION TO EXTEND TENTATIVE MAP CT 85-19PUD 87, LOCATED AT THE INTERSECTION OF MELROSE AVENUE AND RANCHO SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: MEADOWLANDS CASE NO.: CT 85-19/PUD 87 WHEREAS, the City Council did, on the 7th day of January 19 97 , hold a duly noticed public hearing as prescribed by law to consider said reque; and WHEREAS, at said public hearing, upon hearing and considering , testimony and arguments, examining the initial study, analyzing the information submitt by staff, and considering any written comments received, the City Council considered factors relating to the Subsequent Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the City Coun hereby APPROVES the Subsequent Negative Declaration according Exhibit “SND,” dated November 20, 1996, and “PII,” dated November 1996, attached hereto and made a part hereof, based on the following findinl Findings: 1. That the proposed project is still consistent with plans previously approved by 1 City Council on October 22, 1995. 2. That a Negative Declaration for the proposed project was issued on July 27, 1985. 3. That the changed circumstances related to the listing of the California Gnatcatcl and Del Mar Manzanita relative to this project have been analyzed under CE( Section 15 162 and that all feasible mitigation measures have been incorporated i~ the tentative map extension. 0 0 1 II 4* That all environmental impacts have been reduced to a level of insignificance. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Council of the City of Carlsbad, California, held on the 7th day of January 19 97 , by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and H NOES: None ABSENT: None ATTEST: &&.&A ALETHA L. RAUTENKRANZ, City Clerk1 (SEAL) -2- 0 EXHIBIT "SND" SUBSEQUENT NEGATIVE DECLARATION Project AddresdLocation: Intersection of Melrose Avenue and Rancho Santa Fe Road Project Description: Subsequent environmental review of a previously- approved, 1 12 unit tentative tract map and planned unit development (CT 85-1 9/PUD 87) to evaluate the site for the presence of the California Gnatcatcher, Coastal Sage Scrub, and Del Mar Manzanita. 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, a Subsequent Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Subsequent 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 comm'ents in writing to the Planning Department within twenty (20) days of date of issuance. If you have any questions, please call Adrienne Landers in the Planning Department at (61 9) 438-1 161, extension 4451. DATED: NOVEMBER 20, 1996 CASE NO: CT 85-1 9/PUD 87 CASE NAME: MEADOWLANDS _. PUBLISH DATE: NOVEMBER 20, 1996 &&fldq+d & Rcv~sed Octotxr 1989 2075 Las Palmas Dr. Carlsbad. CA 92009-1 576 - (61 9) 438-1161 - FAX (61 9) 438-0894 - 0 0 EXHIBIT "PII" x. SUBSEQUENT ENVIRONMENTAL IMPACT ASSESSMENT FORM CASE NO: CT 85-1 9/PUD 87 DATE: November 1, 1996 BACKGROUND 1. CASE NAME: MEADOWLANDS 2. APPLICANT: John Newcomb, Jenna Grow 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 31 03 Villa Wav, Newport Beach, CA 92663, 71 4/675-9844 4. PROJECT DESCRIPTION: Subsequent environmental review of a previously - approved 11 2 unit tentative tract map and planned unit development to survey and evaluate the site for the presence of the California Gnatcatcher, Coastal Sage Scrub, and Del Mar Manzanita. 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. 0 Land Use and Planning c] Transportation/Circulation 0 Public Services 0 Population and Housing w Biological Resources 0 Utilities & Service 0 Geological Problems 0 Energy & Mineral 0 Water 0 Air Quality Systems Resources Aesthetics 0 Hazards 0 Cultural Resources 0 Noise 0 Recreation Mandatory Findings of Significance -. 1 Rev. 03/28/96 'BIOLOGICAL ANALYSI s. e CT 85-1 9, The Meadowlands, a 1 12 unit tract map and planned unit development propose( at the intersection of Melrose Avenue and Rancho Santa Fe Road, was approved by thc City Council on October 22, 1985. Prior to approval, the project was reviewed an( analyzed for environmental impacts. Staff determined that there was no substantia evidence that the project would have a significant adverse impact on the environment; i Negative Declaration to that effect was issued on July 27, 1985. Prior environmenta documents are on file in the Planning Department. Subsequent to approval of the Negative Declaration, in March 1993 the U. S. Fish anc Wildlife Service (USFWS) listed the California Gnatcatcher as a threatened species. At the same time, the USFWS imposed restrictions on the removal of Coastal Sage Scrub, habital for the Gnatcatcher. More recently, the USFWS also listed the Del Mar Manzanita as ar endangered species. Both of these listings constitute a change in circumstances pel Section 151 62(a) and (c) of the California Environmental Quality Act and require subsequent environmental review of the site relative to these species. A biological survey of the site was performed on July 31, 1995 by Dudek and Associates. The survey revealed that two habitat types were present on the site: redueral anc disturbed Coastal Sage Scrub (dCSS). Because of the relatively poor quality, structure, anc composition of dCSS on the proposed project site, it is unlikely that California Gnatcatchers would use the area for nesting. Although the USFWS agreed that the site was not likely to support Gnatcatchers, they did indicate that impacts to the dCSS would require mitigation at a ratio of 1 : 1 by area. Approximately 1.3 acres of dCSS occur within the approximate 35-acre project site. Even though the coastal sage located on the site has been disturbed, staff considers its removal a significant environmental impact. Prior to project implementation, mitigation measures will need to be identified and approved by USFWS under the 4(d) Rule for interim take of dCSS. The loss of 1.3 acres of dCSS could be mitigated by on-site revegetation or through off-site purchase. To mitigate the above-listed impacts, the requested tentative map extension has been conditioned to require permit approval from the US Fish and Wildlife Service prior to approval of the final map. As conditioned by the tentative map extension, the environmental impacts of removal of the .1.3 acres of dCSS will be reduced to a level of insignificance. On October 29, 1996, another field survey (on file in the Planning Department) was conducted to survey the site for the federally-listed endangered species, Del Mar Manzanita. The survey determined that'there was no Del Mar Manzanita located on the subject site and therefore, there are no environmental impacts relative to this species. The City has concluded in good faith that proper environmental analyses have been completed regarding the changed circumstances, that adequate mitigation measures have been incorporated as part of the tentative map extension, and that environmental impacts have been reduced to a level of insignificance. 2 I<cv 0312HlOO DETERMINATION. @ a 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 mitigation measures described ABOVE have been added to the project. A SUBSEQUENT NEGATIVE DECLARATION will be prepared. c_ u I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 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. An EIR 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 EIR pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Planning Director's. Signature Date _. 3 Rev 03/28/90 . *Notice of Dearmination a To: Office of Planning and Research From: CITY OF CARLSBAD 1400 Tenth Street, Room 121 Planning Department Sacramento, CA 958 14 2075 Las Palmas Drive Carlsbad, CA 92009 w County Clerk (61 9) 438-1 161 County of San Diego, Attn: MITA PO Box 1750 San Diego, CA 921 12-41 47 Project No: CT 85-1 9/PUD 8 Filing of Notice of Determination in compliance with Section 21 108 or 21 152 of the PubI. Resources Code. Meadowlands Project Title City of Carlsbad, Adrienne Landers 61 9/438-1161, ext. 445 State Clearinghouse No. Lead Agency, Contact Person Telephone Number City of Carlsbad, County of San Diego County, State of California Project Locations (include County) Project Description: Subsequent environmental review of a previously-approved, 1 12 un tentative tract map and planned unit development to evaluate the site for th presence of the California Gnatcatcher, Coastal Sage Scrub, and Del Mar Manzanite This is to advise that the City of Carlsbad has approved the above described project 01 November 1, 1996, and has ma$e the following determination regarding the abovc described project. 1. The project Will Not have a significant effect on the environment 2. A Subsequent Negative Declaration was prepared for this project pursuant to thl provisions of CEQA. 3. Mitigation measures Were made conditions of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings Were made pursuant to the provisions of CEQA. This is to certify that the final Subsequent Negative Declaration with comments an( responses and record of project approval is available to the General Public at THE CITY Of CARLSBAD. MICHAEL J. HOLZMILLER, Planning Director Datf Date received for filing at OPR: Revised Octoher I9X'