HomeMy WebLinkAbout2007-11-20; City Council; Resolution 2007-273i
2 CITY COUNCIL RESOLUTION NO. 2007-273
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT (CHAPTER
4 21.35) TO CLARIFY AND/OR REVISE POLICIES FOR CONSISTENCIES
WITH DEVELOPMENT STANDARDS WITHIN THE VILLAGE MASTER
5 PLAN AND DESIGN MANUAL AS AMENDED TO FACILITATE THE
DEVELOPMENT OF HIGH QUALITY REDEVELOPMENT PROJECTS
6 LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE AREA, IN
7 THE CITY OF CARLSBAD.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
g AMENDMENTS
CASE NO.: ZCA 95-10(a)/LCPA 95-10(a)/MCA95-01fa)
9
WHEREAS, in accordance with Carlsbad Municipal Code, Title 21, Chapter
10 21.52, Section 21.52.020, the City of Carlsbad has prepared an amendment to Carlsbad
Municipal Code Title 21, Chapter 21.35 relating to policies, processes, procedures for
1! the V-R Village Redevelopment Zone (CMC 21.35) and the Village Master Plan and
Design Manual, which sets forth the land use classifications and development standards
for the Village Redevelopment Zone; and
WHEREAS, the proposed amendment is set forth in Ordinance No. NS-862, and
14 noted as Exhibit "X," dated July 13, 2007, and attached hereto V-R VILLAGE
REDEVELOPMENT ZONE - ZCA 95-10(A); and
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WHEREAS, the Design Review Board did on the 6th day of September 2007 hold
16 a duly noticed public hearing as prescribed by law to consider said request and has
recommended approval of the proposed V-R Village Redevelopment Zone amendments
17 ZCA 95-10(a); and
18 WHEREAS, the City Council did on the 16th day of October, 2007 and the 6th day
19 of November, 2007 hold a duly noticed public hearing as prescribed by law to consider
said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
21 and arguments, if any, of all persons desiring to be heard, analyzing the information
submitted by staff, and considering any written comments received, the City Council
22 considered all factors relating to the Zone Code Amendment.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
as follows:
25 a) That the foregoing recitations are true and correct.
26 b) That based on the evidence presented at the noted public hearings and set
forth in the Design Review Board Staff Report dated September 6, 2007, the
27 Council hereby APPROVES V-R VILLAGE REDEVELOPMENT ZONE
AMENDMENTS ZCA 95-10(A) and ADOPTS Ordinance No. NS-862 approving
28 ZCA 95-10(a), subject to the findings and conditions set forth in Design Review
Board Resolution No. 326, dated September 6, 2007 and as modified by the City
Council on November 6, 2007.
1
c) That based on the evidence presented at the public hearing and set forth in the
2 Design Review Board Staff Report dated September 6, 2007, the Council hearby
APPROVES the Negative Declaration, Exhibit "ND", according to Exhibits "NOI"
3 dated July 23, 2007, and "Pll", dated June 29, 2007, attached hereto, and based
on the findings set forth in Design Review Board Resolution No. 324.
5 d) The proposed amendments will be effective thirty (30) days after approval date,
in all areas of the Village, except those areas of the Village which are located in
6 the Coastal Zone. For properties in the Coastal Zone, the amendments will not be
effective until approved and certified by the California Coastal Commission.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on
the 20th day of November, 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, and Nygaard
NOES: None
ABSENT: Council Members Hall and Pa
OJDE A'LE^f^ MCyor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
1
Exhibit X
2 July 13, 2007
3 ORDINANCE NO. NS-862
4 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
5 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING CARLSBAD MUNICIPAL CODE
6 CHAPTER 21.35 (V-R VILLAGE REDEVELOPMENT ZONE) TO
CLARIFY AND/OR REVISE PROVISIONS FOR CONSISTENCY WITH
7 THE VILLAGE MASTER PLAN AND DESIGN MANUAL.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
S AMENDMENTS
CASE NO.: ZCA 95-10fa)/LCPA 95-10fa)/MCA95-01(a)9
The City Council, does ordain as follows:
Section I: That Chapter 21.35 of the Carlsbad Municipal Code is
12 amended to read as follows:
13 Chapter 21.35
14 V-R VILLAGE REDEVELOPMENT ZONE
15 21.35.010 Intent and purpose.
, , 21.35.020 Incorporation of redevelopment plan and village master plan and design manual by
reference.
17 21.35.030 Land affected by this chapter.
18 21.35.040 Permitted uses.
.g 21.35.050 Provisional uses.
21.35.060 General regulations.
20
21.35.070 Redevelopment permit.
21 21.35.080 Redevelopment projects.
22 21.35.085 Permit application.
23 21.35.090 Housing and redevelopment director action.
24 21.35.100 Design review board action.
21.35.110 Effective date of order-Appeal of design review board decision.
21.35.115 Housing and redevelopment commission action.
26
21.35.117 Notice of public hearings.
21.35.120 Consolidation of other permits and discretionary approvals-Findings requirements.
28 21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.
1 21.35.150 Amendments.
2 21.35.010 Intent and purpose.
3 The village redevelopment zone is intended to establish land use classifications and develop standards
4 and procedures for that area of the city described in the Carlsbad village area redevelopment plan, as
5 adopted by city council Ordinance No. 9591. This zone adopts the land use classifications and
6 development standards of the Carlsbad village area redevelopment plan and of the village master plan
7 and design manual adopted pursuant to the redevelopment plan as the zoning for the area designated.
8 (Ord. NS-330 § 4 (part), 1995)
9
21.35.020 Incorporation of redevelopment plan and village master plan and design manual
10 by reference.
The Carlsbad village area redevelopment plan as adopted by Carlsbad city council Ordinance No. 9591 on
July 21, 1981, and the village master plan and design manual as adopted by Carlsbad housing and
redevelopment commission Resolution No. 271 on November 21, 1995, and modified by Carlsbad housing
and redevelopment commission Resolutions No. 280 on August 13, 1996, No. 291 on December 16, 1997,
and No. 379 on April 13, 2004, and modified by Carlsbad housing and redevelopment commission
^ Resolution No. 446 on November 20, 2007 are hereby adopted by reference and incorporated into this
17 chapter. (Ord. NS-703 § 2, 2004: Ord. NS-439 § 11, 1998: Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995:
18 Ord. NS-330 § 4 (part), 1995: Ord. NS- ,2007)
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21.35.030 Land affected by this chapter.
21 This chapter shall apply only to lands located within the boundaries of the Carlsbad village area, the
22 boundaries of which are described in the Carlsbad village area redevelopment plan. (Ord. NS-330 § 4
23 (part), 1995)
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1 21.35.040 Permitted uses.
2 Only those uses specified in the Carlsbad village area redevelopment plan and the village master plan and
3 design manual as permitted uses for particular property in the village redevelopment area shall be
4 permitted. (Ord. NS-330 § 4 (part), 1995)
5
, 21.35.050 Provisional uses.o
7 Uses permitted as provisional uses by the Carlsbad village area redevelopment plan and the village
8 master plan and design manual shall be permitted upon issuance of a redevelopment permit approved
9 according to this chapter. (Ord. NS-330 § 4 (part), 1995)
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21.35.060 General regulations.
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Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad village
redevelopment plan or the village master plan and design manual, the regulations of this title which apply
to uses generally or generally to all zoning classifications shall apply to property and uses in this zone.14
(Ord. NS-330 § 4 (part), 1995)
16 21.35.070 Redevelopment permit.
17
Unless otherwise determined to be an exempt project pursuant to Section 21.35.080, no development
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shall occur in the area subject to this chapter without a redevelopment permit. (Ord. NS-330 § 4 (part),
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1995)
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21 21.35.080 Redevelopment projects.
22 (a) Exempt Projects. No redevelopment permit shall be required for an exempt project. An exempt project
23 is one which is exempt from the requirement to obtain a coastal development permit in accordance with
Section 21.81.030; and requires no redevelopment permit or other discretionary approvals, and includes
but is not limited to:
2(* (1) Interior or Exterior improvements to existing structures which do not result in the intensity of use of a
27 structure; and/or
2** (2) Additions to existing structures which result in a cumulative increase of less than 10% of the internal
floor area; and/or
o on coastal resources and/or access to the coast.
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(3) Changes in permitted land uses which do not require site changes, result in increased ADT, result in
increased parking requirements, or result in compatibility issues or problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; and/or,
(5) Repair or maintenance activities which are exempt from a coastal development permit; and/or.
(6) Activities of public utilities regulated by a government agency; and/or
(7) A project that requires no variance of any type; and/or
(8) Demolition of a structure, unless such demolition activity has the potential to have an adverse impact
(b) Nonexempt Projects. There are three types of redevelopment permits required for nonexempt projects.
One permit for each type of redevelopment project described as follows:
,, (1) Administrative Redevelopment Project. An administrative redevelopment project is one which results in
1 - minor new construction and/or a change in a development which requires no other discretionary
approvals, except an administrative variance within the authority of either the director of planning or the
housing and redevelopment director, and includes, but is not limited to:
(A) New construction of building(s) or addition(s) to the building footprint with an estimated permit value of
less than sixty thousand dollars; and/or16
(B) Interior or exterior improvements to existing structures which result in an intensity of use; and/or
(C) Provisional land uses, where a minor or major redevelopment permit is not required; and/or
18
(D) Changes in permitted land uses which result in site changes, increased ADT, increased parking
19
requirements, or result in compatibility issues/problems; and/or
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(E) Signs for existing businesses or facilities; and/or
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(F) Repair or maintenance activities which are not exempt projects; and/or
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(G) Demolition of a structure that has the potential to have an adverse impact on coastal resources and/or
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public access to the coast.
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(2) Minor Redevelopment Project. A minor redevelopment project is one which does not qualify as an
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administrative redevelopment project and involves new construction with an estimated permit value of
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sixty thousand dollars or more but less than one hundred fifty thousand dollars.
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(3) Major Redevelopment Project. A major redevelopment project is one which involves new construction
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1 with an estimated permit value of one hundred fifty thousand dollars or more. (Ord. NS-330 § 4 (part),
2 1995: Ord. NS- ,2007)
21.35.085 Permit application.
A (a) An application for a redevelopment permit for a non-exempt project as defined in Section 21.35.080
c- may be made by the record owner or owners of the property, or the authorized agent or agents for the
6 property, on which the development is proposed. The application shall be filed with the director upon forms
provided by the director, and shall be processed in accordance with the provisions of Section 21.54.010 of
this code.o
(b) If signatures of persons other than the owners of property making the application are required or
offered in support of, or in opposition to, an application, they may be received as evidence of notice having
been served upon them of the pending application, or as evidence of their opinion on the pending issue,
but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by
the design review board and the housing and redevelopment commission.
(c) The application shall be accompanied by a fee in the amount established by city council resolution. No
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application shall be accepted or deemed accepted until the appropriate fee or fees have been paid. (Ord.
NS-330 § 4 (part), 1995)
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17 21.35.090 Housing and redevelopment director action.
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(a) After the application has been accepted as complete the director shall determine if the project is
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exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be required
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for a project which is exempt from the requirements of this chapter.
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The director shall determine the exemption based on the certified local coastal program, including maps,
22
categorical exclusions and other exemptions, land use designations, zoning ordinances and the village
23 master plan and design manual. In granting an exemption, the director may impose such conditions as are
24 necessary to protect the public health, safety and welfare.
25 The director shall inform the applicant whether the project is exempt within ten calendar days of the
26 determination that the application is complete. The decision of the director on all exempt determinations is
27 final, (subject to the potential dispute resolution process as provided in Section 21.81.050).
28 The director shall maintain a record of all determinations made on projects exempt from the requirements
1 of this chapter. The records shall include the applicant's name, an indication that the project is located in
2 the village area, the location of the project, and a brief description of the project. The record shall also
3 include the reason for exemption.
4 (b) The director may approve, conditionally approve or deny administrative redevelopment permits as
5 defined in Section 21.35.080, subject to appeal to the design review board.
(c) After all necessary reports and recommendations have been received the director shall transmit the
application for a minor or major redevelopment permit together with the reports and the recommendations
of the appropriate departments to the design review board for a public hearing.
(d) The director shall transmit to the design review board all timely appeals on administrative permits and
administrative variances.
,, (e) The director may grant, conditionally grant or deny applications for the types of administrative
. _ variances set forth in Section 21.51.020 of this code and in accordance with the procedures provided in
Chapter 21.51 of this code, except that the director and the design review board shall serve as the
appropriate approving bodies for projects within the village redevelopment area. If the project includes
other discretionary approvals outside the director's authority, the director shall set the consolidated project
for public hearing by the design review board.16
(f) The effective date of order of a housing and redevelopment director decision and the method for appeal
of such decision shall be governed by Section 21.54.140 of this code. (Ord. NS-675 § 33, 2003; Ord. NS-
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330 §4 (part), 1995)
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20 21.35.100 Design review board action.
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(a) The design review board shall hold a public hearing on:
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(1) Appeals of decisions made by the director on administrative redevelopment permits as defined in
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Section 21.35.080 or administrative variances;
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(2) Minor or major redevelopment permits and tentative maps; and
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(3) Nonadministrative variances for which the board has final decision-making authority pursuant to
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Section 21.35.130(b).
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(b) For major redevelopment projects, the board shall consider the evidence and by resolution report and
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recommend to the housing and redevelopment commission approval, conditional approval, or denial of the
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project. Such resolution shall state, among other things, the facts and reasons why the board determined
the approval, conditional approval or denial to be consistent with this chapter. The action to approve,
conditionally approve or deny is advisory to the commission.
(c) The board shall have sole authority to consider the evidence and by resolution report and recommend
to the housing and redevelopment commission and/or city council approval, conditional approval, or denial
of revisions to applicable chapters within the Carlsbad Municipal Code, Village Redevelopment Plan,
Village Master Plan and Design Manual and/or other policy documents specifically related to activities
which benefit and/or otherwise impact the Village Redevelopment AreaJOrd. NS-675 § 34, 2003: Ord.
NS-330 § 4 (part), 1995: Ord. NS - , 2007 )
21.35.110 Effective date of order-Appeal of design review board decision.
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The effective date of the design review board's decision and method for appeal of such decision shall be
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governed by Section 21.54.150 of this code. (Ord. NS-675 § 35, 2003: Ord. NS-506 § 2, 1999: Ord. NS-
13
330 §4 (part), 1995)
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21.35.115 Housing and redevelopment commission action.
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The housing and redevelopment commission shall hold a public hearing on:
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(a) Any major redevelopment permit and/or tentative map for which the design review board has filed a
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report and recommendation with the city clerk; or
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(b) Any other matter made appealable to the commission by this chapter and which has been timely
20 appealed. (Ord. NS-330 § 4 (part), 1995)
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21.35.117 Notice of public hearings.
Notice of any public hearing required by this chapter shall be given as provided in Section 21.54.060(1) of
this code. (Ord. NS-330 § 4 (part), 1995)
1 21.35.120 Consolidation of other permits and discretionary approvals-Findings
requirements.
2
(a) Whenever a project would require a permit or approval under the provisions of this title and or Title 20,
notwithstanding this chapter, the redevelopment permit shall be deemed to satisfy the requirements for
4
such permit or approval; provided, however, that in considering the redevelopment permit for said project
the director, design review board and the housing and redevelopment commission shall apply the
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provisions of this chapter and Title 20, if applicable for a tentative or final map and the provisions of this
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title and Title 20 otherwise applicable to such other permit or approval for the project.
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(b) Whenever a project consists only of exemption determinations and/or administrative permits or
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administrative variances within the authority of either the director of planning or the director, they shall be
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consolidated and considered by the director, subject to appeal to the design review board with regard to
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determinations other than exemptions.
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(c) If the project includes permits or other discretionary approvals outside the director's administrative
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permit or administrative variance authority, the administrative permit and/or administrative variance
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aspects shall be consolidated with the other matters and submitted to the design review board.
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(d) No variance, determination of exemption or administrative, minor or major redevelopment permit shall
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be granted unless the decision maker finds, in addition to any other findings otherwise required for the
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project, that the project as approved, or conditionally approved is consistent with this code, the general
18
plan, the Carlsbad village area redevelopment plan and the village master plan and design manual. (Ord.
19 NS-330 § 4 (part), 1995)
20 21.35.130 Variances.
(a) The housing and redevelopment commission may grant variances from the limits, restrictions and
22 controls established by this chapter for major redevelopment permits if the commission finds that:
23 (1) Because of special circumstances applicable to the subject property, including size, shape,
24 topography, location or surroundings, the strict application of the zone regulation deprives such property of
25 privileges enjoyed by other property in the vicinity and under identical zoning classification;
n/•
(2) The variance shall not constitute a grant of special privileges inconsistent with the limitations upon
27 other properties in the vicinity and zone in which the subject property is located and is subject to any
7S conditions necessary to assure compliance with this finding;
(3) The variance does not authorize a use or activity which is not otherwise expressly authorized by the
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appeal from a director decision), if the board makes the variance findings set forth in subsection (a) of this
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section.
zone regulation governing the subject property;
(4) The variance is consistent with the general purpose and intent of the general plan, Carlsbad village
area redevelopment plan, and the Carlsbad village redevelopment master plan and design manual;
(5) In addition, in the coastal zone, that the variance is consistent with and implements the requirements of
the certified local coastal program and that the variance does not reduce or in any manner adversely affect
the protection of coastal resources as specified in the zones included in this title, and that the variance
implements the purposes of zones adopted to implement the local coastal program land use plan.
(b) An application for a variance shall be processed in the same manner established by this chapter for a
redevelopment permit.
(c) The design review board may grant variances from the limits, restrictions and controls established by
this chapter for minor redevelopment projects (or otherwise administrative projects consolidated or on
(d) The director may grant administrative variances in accordance with Section 21.35.090(e), if the director
makes the findings set forth in subsection (a) of this section. (Ord. NS-675 § 36, 2003: Ord. NS-330 § 4
(part), 1995)lo
21.35.135 Extension of redevelopment permit
An application for a time extension for a redevelopment permit shall be processed directly by the final18
approving authority for a redevelopment permit as set forth within this chapter, unless authority is granted
otherwise by the final approving authority. For example, the housing and redevelopment commission has
20
final approving authority for all major redevelopment permits and subsequently for all related time
21
extensions. The time extension application may be submitted directly to the housing and redevelopment
22
commission for approval, and/or the commission may grant approval authority to the design review board
23
and/or housing and redevelopment director.
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21.35.140 Compliance with other provisions of this code.
26
Projects developed pursuant to this chapter shall be subject to the provisions of the Carlsbad village area
27
redevelopment plan and the village master plan and design manual and all other applicable provisions of
28 "
1 the Carlsbad Municipal Code, including but not limited to those provisions of Titles 18, 19 and 20. (Ord.
2 NS-330 § 4 (part), 1995)
3
4 21.35.150 Amendments.
5 Amendments to the Carlsbad village area redevelopment plan or the village master plan and design
manual shall be deemed to be amendments to this chapter; provided, however, that such amendments are
processed and noticed in a manner which meets the requirements of Chapter 21 .52 of this code.
Amendment of the village master plan and design manual by housing and redevelopment commission
resolution, with a recommendation from the design review board, shall be deemed to satisfy the
requirements of Chapter 21 .52 of this code, provided all other requirements are met. (Ord. NS-330 § 4
(part), 1995)
,« Section II:
This Ordinance shall not become effective within the City's Coastal Zone until the Local Coastal
Program Amendment is approved by the California Coastal Commission.
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INTRODUCED AND FIRST READ at a Regular Meeting of the City of Carlsbad City Council
on the 6th day of November, 2007, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City of Carlsbad City Council on the
20th day of November, 2007, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, and Nygaard.
NOES: None.
ABSENT: Council Members Hall and Packard.
APPROVED AS TO FORM AND LEGALITY:
R. BALL, City Attorney
JLEWK?Mayor
ATTEST:
lORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT "ND"
CC RESOLUTION NO. 2007-273 Citv of Carlsbad
Housing & Redevelopment Department
CASE NAME:
CASE NO:
PROJECT LOCATION:
NEGATIVE DECLARATION
Village Master Plan and Design Manual Amendments
LCPA 95-iQ(aVZCA95-10(aVMCA 95-01(a)
Carlsbad Village Project Area - City of Carlsbad
PROJECT DESCRIPTION: The proposed Zone Code Amendment and Local Coastal Program
Amendment consist of revisions and/or clarifications to inconsistent policies and/or revisions to one
or more development standards, including an increase in maximum residential density in select
areas, for projects within the City of Carlsbad's Village Project Area to assist in the continued
facilitation of the development of high quality new construction and rehabilitation projects.
DETERMINATION: 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, the initial study (EIA Part 2) did not identify any potentially significant impacts on the
environment, and the City of Carlsbad finds as follows:
D
The proposed project COULD NOT have a significant effect on the environment.
The proposed project MAY have "potentially significant impact(s)" on the environment, but
at least one potentially significant impact 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. (Negative
Declaration applies only to the effects that remained to be addressed).
D 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 ENVIRONMENTAL IMPACT REPORT or
NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided
or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the proposed project. Therefore, nothing further is required.
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is
on file in the Housing and Redevelopment Department, 2965 Roosevelt Street, Suite B, Carlsbad,
California 92008.
ADOPTED: November 20. 2007. pursuant to Citv Council Resolution No. 2007-274
ATTEST:
DON NEU, Planning Director
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037
City of Carlsbad
Housing & Redevelopment Department
CASE NAME:
CASE NO:
PROJECT LOCATION:
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
Village Master Plan and Design Manual Amendments
LCPA 95-l(KAVZCA95-10fA)
Carlsbad Village Project Area - City of Carlsbad
PROJECT DESCRIPTION: The proposed Zone Code Amendment and Local Coastal Program
Amendment consists of revisions and/or clarifications to inconsistent policies and/or revisions to one or
more development standards, including an increase in maximum residential density in select areas, for
projects within the City of Carlsbad's Village Project Area to assist in the continued facilitation of the
development of high quality new construction and rehabilitation projects. The motivations for this
amendment are as follows:
Through implementation of the Village Master Plan and Design Manual and related ordinances and/or
regulations over time, it has been discovered that some of the approved policies and/or development
standards are inconsistent among the various implementing documents. Revisions and clarifications of the
regulations and/or policies are proposed to ensure consistent implementation in the future. In addition, on
March 26, 2006, the Housing and Redevelopment Commission approved a Resolution of Intention (ROI)
to amend one or more development standards, including increased residential densities for select areas, set
forth within the Village Master Plan and Design Manual in order to ensure that new commercial and/or
residential development within the Village Area is more consistent with the vision adopted for the area
initially in 1981 and then as amended in 1995 in terms of product type and design.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the
project described above 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, the initial study (EIA Part 2) did not identify any potentially significant impacts on the
environment. Therefore, a Negative Declaration will be recommended for adoption by the City of
Carlsbad Design Review Board to the Housing and Redevelopment Commission and/or City Council.
A copy of the proposed amendments and the initial study (EIA Part 2) documenting reasons to support the
proposed Negative Declaration are on file in the Housing and Redevelopment Department, 2965
Roosevelt Street, Suite B, Carlsbad, California 92008. Comments from the public are invited. Please
submit comments in writing to the Housing and Redevelopment Department within thirty (30) days of
the date of this notice.
The proposed project and Negative Declaration are subject to review and approval/adoption by the
Carlsbad Design Review Board, Housing and Redevelopment Commission and/or City Council.
Additional public notices will be issued when those public hearings are scheduled. If you have any
questions, please contact Debbie Fountain, Housing and Redevelopment Director, at (760) 434-2935 or
dfoun@ci.carlsbad.ca.us.
PUBLIC REVIEW PERIOD:
PUBLISH DATE:
July 23, 2007 through August 23, 2007
July 23, 2007
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037
8*'
ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: LCPA 95-10(aVZCA 95-10(a)
DATE: June 29.2007
BACKGROUND
1. CASE NAME: Village Master Plan and Design Manual - Amendments
2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad
3. CONTACT PERSON AND PHONE NUMBER: Debbie Fountain. Housing and Redevelopment
Director. (7601 434-2935
4. PROJECT LOCATION: Carlsbad Village Redevelopment Project Area; no specific project sites
5. PROJECT SPONSOR'S NAME AND ADDRESS: Carlsbad Redevelopment Agency - 2965
Roosevelt Street. Suite B. Carlsbad. Ca. 92008
6. GENERAL PLAN DESIGNATION: V (Village) for all properties
7. ZONING: VR (Village-Redevelopment') for all properties
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): California Coastal Commission (Local Coastal
Program Amendment)
9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
The proposed Amendments to Chapter 21.35 of the Carlsbad Municipal Code and to the Village
Master Plan and Design Manual are intended to revise and/or clarify policies for consistency
among regulatory documents and/or to revise one or more development standards for projects
within the Village Redevelopment Area only. These amendments, which ultimately will include
an amendment to the Local Coastal Program for the Village Area, will assist in the continued
facilitation of the development of high quality redevelopment projects in the Village
Redevelopment Area of Carlsbad and implementation of the economic development strategy for
the area. In implementing the Village Master Plan and Design Manual since 1995. staff has
discovered that some of the approved policies and/or standards are inconsistent among the
various implementing documents. In addition, the Housing and Redevelopment Commission
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
approved a Resolution of Intention (ROD on March 26. 2006 to amend some of the development
standards in order to ensure more desirable development within the Village that is consistent with
the area vision set forth within the Village Master Plan and Design Manual. The Village
Redevelopment Area is an existing urban, downtown area for which a Redevelopment Plan was
adopted in 1981. The Vision for the Village is for: Da distinct visual identity that makes it
unique and a memorable place with identifiable landmarks: 2) excellence through high quality,
well-designed private development and public improvements: 3) accommodation of a wide range
of land uses and to have the Village serve as a specialty retail center for the entire City; 4) a
strong civic character and provide for a place for people to come to be a part of important
community events: 5) a Village that is comfortable and a safe place to work, shot?, visit and live:
and 6) a welcoming attitude and a spirit of cooperation to new businesses and developers who are
interested in becoming a part of the downtown. The proposed amendments will enhance the
standards and policies already set forth within the Village Master Plan and Design Manual and
CMC 21.35 to accomplish the vision set forth above. The project applies to regulations that are
applicable to properties within the boundaries of the Village Redevelopment Area only. There is
no specific project site with a specific environmental setting or surrounding land uses identified at
this time.
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
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.
I | Aesthetics
| | Agricultural Resources
Air Quality
Biological Resources
Cultural Resources
I 1 Geology/Soils | | Noise
D Hazards/Hazardous Materials D Population and Housing
I | Hydrology/Water Quality
I I Land Use and Planning
Mineral Resources
Public Services
Recreation
Mandatory Findings of
Significance
Transportation/Circulation
Utilities & Service Systems
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
DETERMINATION.
(To be completed by the Lead Agency)
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 the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at
least one potentially significant impact 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. A Negative Declaration 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required.
| _ |
7/7767
Date
T//g/07
Planning Director's Signature Date
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impacf Assessment (EIA) 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
significantly adverse, 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 Impact" is appropriate if there is substantial evidence that an effect is significantly
adverse,
• Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on
the environment, but all potentially significant adverse 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.
• When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR
if the significant adverse 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 adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there
are mitigation measures to clearly reduce adverse 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.
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to
the following circumstances: (1) the potentially significant adverse 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 adverse impact to less than significant; (2) a "Statement of Overriding
Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the
EIA-Initial Study 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 after each related set of questions.
Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined
significant.
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
I. AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant' No
Impact Impact
X
X
X
X
Less than Significant Impact (a-d) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance are intended to assist in the facilitation of high quality commercial, residential and/or mixed-use
redevelopment projects consistent with the vision adopted for the Village Redevelopment Area in 1981 and further
refined in 1995. Existing standards and policies are being further refined at this time to ensure continued quality
development in the Village Redevelopment Area. Future development in the Village Area will be consistent with the
design guidelines set forth in the Village Master Plan. Design guidelines are provided to reduce potential substantial
adverse effects resulting from future development of the site, and include design measures pertaining to scale,
screening of mechanical equipment, and other relevant design elements. The design guidelines will be applied to
individual development projects within the Village Area as part of the City's review of discretionary land use
permits. Design elements of each development project will be reviewed on an individual and comprehensive basis
by the appropriate review authority. Future development will also be consistent with existing policies pertaining to
lighting requirements. The proposed project therefore will have a less than significant impact on any scenic vista or
other scenic resource.
II. AGRICULTURAL RESOURCES - (In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
X
X
No Impact (a-c). The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that could: a) result in the conversion of farmland to a non-agricultural use;
b) conflict with any existing zoning for agricultural uses or a Williamson Act contract; or, c) result in changes to the
existing city environment that would cause the conversion of farmland to a non-agricultural use. The Village Area
is an existing urban downtown area with infill development. There are no properties in the Village Area zoned for
agriculture or currently designated or used as farmland.
AIR QUALITY - (Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be relied
upon to make the following determinations.) Would the
project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
No Impact (a). The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that could conflict or obstruct implementation of the regional air quality
plan.
All properties within the City, including the Village Area, are located in the San Diego Air Basin, which is a federal
and state non-attainment area for ozone (O3), and a state non-attainment area for paniculate matter less than or equal
to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the
San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment
planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution
Control District (APCD) and the San Diego Association of Governments (SANDAG).
A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARE) after public hearings on November 9th through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and the
County's general plan. If a proposed project is consistent with its applicable General Plan, then the project
presumably has been anticipated within the regional air quality planning process. Such consistency would ensure
that the project would not have an adverse regional air quality impact.
Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan?
The project area (Village Area of Carlsbad) is located in the San Diego Air Basin, and as such, is located in an area
where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way
conflict or obstruct implementation of the regional plan.
Less than Significant (b). The closest air quality monitoring station to the project site is at Camp Pendelton/City of
Oceanside. Data available for this monitoring site from 2000 through December 2004, indicate mat the most recent
air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year
period). No other violations of any air quality standards have been recorded during the 5-year time period. The
amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do not involve any
changes to air quality planning/standards. Because this area is already developed, air pollutant emissions associated
with future increased development in the project area are anticipated to comprise only an incremental contribution to
overall air basin quality readings. Therefore, this incremental increase in air pollutant emissions would not likely
contribute substantially to an existing or projected air quality violation. Future development within the area would
result in minimal short-term emissions associated with grading and construction. Standard construction measures
such as the use of properly maintained equipment and watering the site for dust control would minimize emissions.
Less than Significant (c). The air basin is currently in a state non-attainment zone for ozone and suspended fine
particulates. The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do not
include a proposal for physical development of any site. Therefore, site specific project analysis is not available.
However, the modifications to the standards in the Master Plan and Design Manual would allow for increased
development within the Village and would represent a contribution to a cumulatively considerable potential net
increase in emissions throughout the air basin. However, the proposed project is consistent with the City of
Carlsbad's General Plan in that the overall development strategy for the Village is to enhance economic potential
and to establish site specific development standards which create a pedestrian scale environment of specialty shops,
services and restaurants complemented by residential and mixed-use development. The proposed project will assist
in accomplishment of the development strategy set forth for the Village Area. Because the proposed project is
consistent with the City's General Plan, it is presumed that the proposed project has been anticipated with the
regional air quality planning process. Such consistency would ensure that the project would not have an adverse
regional air quality impact. Further, emissions will be limited through the pedestrian orientation of the subject
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
project, encouragement of alternative forms of transportation and support for land uses with low emissions such as
general retail and residential within the Village. A Regional Air Quality Standards (RAQS) Plan is being
implemented for the area. Implementation of the proposed standards revisions will not result in land uses that would
conflict with the adopted SIP or RAQS responsible for managing air quality in the region. Future development of the
project area is not anticipated at this time to exceed growth projections for the area nor will it conflict or obstruct
implementation of the regional plans. Therefore, potential cumulative air quality impacts resulting from
implementation of the proposed development standard revisions are considered to be less than significant.
No impact (d). The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not propose or affect any regulation that would result in exposing sensitive receptors to pollutant
concentrations. Any future development proposal will be required to conform to the applicable air quality
management plan.
No Impact (e) The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not propose or affect any regulation that would result in an activity that could create objectionable
odors. Construction of future development projects in the project area could generate fumes from the operation of
construction equipment, which may be considered objectionable by some people. Such exposure would be short-
term or transient. In addition, since development will be phased over time, the number of people exposed to such
transient impacts at any given time will be limited. Future development proposals will be required to address
impacts from odors as part of the discretionary approval process.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
IV. BIOLOGICAL RESOURCES - Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filing, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
X
X
X
X
10 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
e) Conflict with any local policies or ordinances X
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
No Impact (a-d) - The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not propose or affect any regulation that would result in an adverse effect on any sensitive habitat or
species, or interference with any native or migratory wildlife corridor or native wildlife nursery site. Properties
within the Village Area have all been previously graded and are developed infill sites. Therefore, there will be no
impact on sensitive habitat or species, or interference with any native or migratory wildlife.
No Impact (e & f) - The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that would result in a conflict with local policies and ordinances that protect
biological resources or the provisions of any habitat conservation plan. The properties within the Village Area have
all been previously graded and are developed infill sites. Therefore, there will be no impact on biological resources.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
V. CULTURAL RESOURCES - Would the project:
a) Cause a substantial adverse change in the X
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the signifi- }£
cance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique pale }£
ontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those interred X
outside of formal cemeteries?
Less than Significant Impact (a) — The proposed amendments to the Village Master Plan and Design Manual do
not propose any demolition, destruction, relocation or alteration of any existing historical resource within the Village
Area. There is one known historical building within the Village Area which is listed on the National Register for
historic properties. This building is owned by the City of Carlsbad. Any modifications to this building and/or
relocation of it will be subject to further environmental review if proposed at a later date. Any proposed
modifications will conform to the Secretary of Interior's Standards for the Treatment of Historic Properties. There
are no known properties in the Village Area listed on the State of California Register of Historic Properties.
Although the proposed amendments might encourage demolition, relocation or alteration of properties with local
historical significance, the City of Carlsbad does not have a local historic preservation ordinance. Therefore, there
are no preservation requirements. The proposed amendments are not in conflict with any existing historic
11 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
preservation regulation and/or policy. There are also no specific changes proposed which would be adverse to the
significance of any identified historical resource.
No Impact (b-d) - The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that would result in a disturbance of any human remains or an adverse impact
to any historical, archeological, or paleontological resource. The properties within the Village have been previously
graded and developed infill sites which are surrounded by urban development and there will be no impacts on
cultural resources. There are no known archeological, paleontological or human remains within the project area.
VI. GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soils, as defined in Table 18
- 1-B of the Uniform Building Code (1997), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
X
X
X
12 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
Less than Significant Impact (a-i,ii,iii) - There are no Alquist-Priolo Earthquake Fault Zones within the City of
Carlsbad, which includes the Village Redevelopment Area, and there is no other evidence of active faults within the
City. However, there are several active faults throughout Southern California, and these potential earthquakes could
affect Carlsbad. The project area is located in an area of the City with stable soil conditions and the risk of seismic-
related ground failure or liquefaction is minimal. The amendments to the Village Master Plan and Design Manual
and related Zoning Ordinance do not affect any regulation that would expose people or structures to potential
adverse effects from a known earthquake fault, ground shaking, and/or seismic-related ground failure or landslides.
The possibility of ground acceleration or shaking on the properties within the Village Area will be similar and
comparable to the southern California region as a whole. All developments, including those within the Village
Redevelopment Area, are subject to requirements such as the Uniforn Building Code earthquake construction
standards and soil remediation that when necessary ensure potential adverse effects are not significant.
No Impact (a-iv). Land slides are potential threats in parts of the City, but not within the Village Redevelopment
Area (which is the subject of this project). The project area is in an area of stable soil conditions that are not subject
to landslides.
No Impact (b, c, d & e) - The proposed amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not affect any regulation that would result in substantial soil erosion on any site within the
project area or in any impacts to unstable or expansive soil conditions. The project area is in an area of stable soil
conditions that are not subject to soil erosion and/or expansion. As appropriate, however, soil studies will be
completed for site-specific developments to ensure that there are no risks or hazards due to soil erosion or
expansion. In addition, sewers are available to the properties within the project area, and the project will be served
by public wastewater.
VII. HAZARDS AND HAZARDOUS MATERIALS
- Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
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Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
e) For a project within an airport land use plan, or X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip, X
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with X
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of X
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
No Impact (a-h) - The Village Master Plan allows for a variety of land uses. These future land uses may require the
transport, use or disposal of hazardous materials as an aspect of daily operations. Oil and/or other chemicals released
from delivery vehicles or the vehicles of residents or visitors, as well as those used for mechanical equipment or for
maintenance purposes or other purposes may be present on the site; however, presence of such materials onsite is
not anticipated to be substantial in quantity or to pose substantial risk to human health or safety.
The project area is located over 4 miles northwest of the McClellan-Palomar Airport (a public airport) and is not
subject to the Mc-Clellan-Palomar Airport Comprehensive Land Use Plan (CLUP).
The project area is an infill site surrounded by urban development and is adequately served by emergency services.
The proposed amendments will not interfere with the implementation of any adopted emergency response or
evacuation plan. There are no wildlands adjacent to the project site that could expose people to significant risk from
wildland fires.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
VIII. HYDROLOGY AND WATER QUALITY - Would the
project:
a) Violate any water quality standards or waste X
discharge requirements?
b) Substantially deplete groundwater supplies or X
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water table
level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
14 Rev. 01/02/07
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Project Name - Village Master Plan and Design Manual Amendments
c) Substantially alter the existing drainage pattern of the X
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-
site?
d) Substantially alter the existing drainage pattern of the X
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on- or off-
site?
e) Create or contribute runoff water, which would X
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality? }£
g) Place housing within a 100-year flood hazard area as X
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
h) Place within 100-year flood hazard area structures, X
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of X
loss injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? X
k) Increase erosion (sediment) into receiving surface X
waters.
1) Increase pollutant discharges (e.g., heavy metals, X
pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality (e.g. temperature,
dissolved oxygen or turbidity?
m) Change receiving water quality (marine, fresh or X
wetland waters) during or following construction?
n) Increase any pollutant to an already impaired water X
body as listed on the Clean Water Act Section 303(d)
list?
o) Increase impervious surfaces and associated runoff? X
p) Impact aquatic, wetland, or riparian habitat? X
15 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
q) Result in the exceedance of applicable surface or X
groundwater receiving water quality objectives or
degradation of beneficial uses?
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not propose or affect any regulation that would conflict with any water quality standards. All
development within the subject project area will be required to comply with all federal, state and local water quality
regulations, including the Clean Water Act, California Administrative Code Title 23, and specific basin plan
objectives identified in the "Water Quality Control Plan for the San Diego Basin. The properties within the project
area are currently developed with a variety of uses including both commercial and residential. All of the
properties/development currently generate runoff due to their paved surfaces. New development will also generate
runoff due to new and/or replaced paved surfaces. The Water Quality Control Plan for the San Diego Basin
identifies specific objectives for the Carlsbad Hydrologic Unit. These objectives include the requirement for all new
development projects to comply with National Pollutant Discharge Elimination System (NPDES) Best Management
Practices (BMPs). Application, certification and compliance with an NPDES permit for all new development will
ensure that water quality exiting properties within the project area will be maintained to a level of acceptability. All
new development will be required to adhere to applicable RWQCB regulations for control of sedimentation and
erosion, including the installation of temporary detention basins or other means of stabilization or impoundment
required by the RWQCB. All exposed graded areas shall be treated with erosion control pursuant to City of Carlsbad
erosion standards, including hydroseed, berms desiltation basins, jute matting, sandbags, bladed ditches or other
appropriate methods. Other Best Management Practices (BMPs) will also be utilized.
Less than Signficant Impact (b-e) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal that would significantly alter existing drainage patterns, nor would it
increase the potential for erosion or siltation in any river or stream. Although new or increased development within
the Village project area will increase the amount of impervious surface area (i.e., parking areas, internal roadways,
etc.), individual development projects will implement measures to reduce urban pollutants prior to discharge. All
stormwater from the project area will drain into existing storm drains within the Village Area. It is not anticipated
that new development will significantly deplete groundwater supplies, or significantly interfere with ground water
recharge. New development is also not anticipated to significantly change the topography, drainage patterns, or
amount of runoff in the area. No additional pollution of surface waters is anticipated to result from new development
All new development will be required to comply with the Storm Water Pollution Prevention Plan (December, 2003)
and adhere to applicable RWQCB regulations for control of sedimentation and erosion, including Best Management
Practices (BMPs). The following guidelines will be utilized during design and implemented during construction to
reduce runoff and minimize erosion:
a. Comply with current drainage design policies set forth in the City of Carlsbad procedures.
b. Create desiltation basins where necessary to minimize erosion and prevent sediment transport until
the storm drain system is in place.
c. Landscape all exposed, manufactured slopes per City of Carlsbad erosion control standards.
d. Phase grading operations and slope landscaping to reduce the susceptibility of slopes to erosion.
e. Control sediment production from graded building pads with low perimeter berms, desiltation
basins, jute matting, sandbags, bladed ditches, or other appropriate methods.
Less than Significant Impact (f & g)- The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal that would significantly alter existing drainage patterns. Construction of
any new development will be required by law to comply with all federal, state and local water quality regulations,
including the Clean Water Act and associated NPDES regulations. As mentioned above, the new developments will
be required to have a Storm Water Pollution Prevention Plan. Therefore, temporary impacts associated with the
construction of new development will be mitigated. It is not anticipated that any new development will result in
permanent or long term degradation of water quality as a result of the proposed pollution control program.
No Impact (h-k) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance
does not propose development within a 100 year flood hazard area. No impacts from flooding will occur.
16 Rev. 01/02/07
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Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
Less than Significant Impact (1-p) - Proposed future development in the Village Area will be required to comply
with Order 2001-02 and prepare a Storrnwater Management Plan. Drainage and development will be controlled via
best management practices to ensure that pollutant loads are not increased to the maximum extent practicable.
Impacts to water quality will be less than significant.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established community? X
b) Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation X
plan or natural community conservation plan?
Less than Significant impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal that would result in the division of an established community. The
amendments do not include any plan to install roadways or other infrastructure that would physically divide an
existing community, alter access points to an existing community or result in a significant loss of housing, including
affordable housing. The proposed amendments are intended to further integrate the existing community through
encouragement of mixed use developments. In addition, all new residential developments within the Village will be
required to provided a minimum of 15% of the new units as affordable to low income households. Therefore, the
potential impacts are less than significant.
Less than Significant impact (b & c) -The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not propose or affect any regulation that would conflict with any land use plan, policy or
regulation adopted for the purpose of avoiding or mitigating environmental effects, nor do they conflict with any
applicable habitat conservation plan. The permitted land uses within the Village Area are not being revised. The
proposed development standard and policy revisions are proposed to ensure better quality development and
development which is more consistent with the vision, goals and objectives set forth within the approved Village
Master Plan and Design Manual. All future development will require the appropriate discretionary permits. The
proposed amendments require a revision to the Local Coastal Program for the Village Area, which will require
California Coastal Commission review and approval to ensure the LCP remains consistent with the Coastal Act for
all areas of the Village located within the Coastal Zone. Any future development will be required to be consistent
with the Village Master Plan and Design Manual as well as the Village Redevelopment Plan, which serve as the
Local Coastal Program for the Village Project Area. The Village Project Area is located within Zone 1 of the Local
Facilities Management Plan (LFMP). All future development will be required to demonstrate that proposed facilities
are consistent with the LFMP, or amendments will be required to the LFMP.
The Village Area is fully developed and is an established redevelopment area with infill development within and
adjacent to it. It is part of an existing urban area that is identified for urban uses in the City of Carlsbad's Habitat
Management Plan. The subject project is consistent with the City of Carlsbad Habitat Management Plan for Natural
Communities in the City of Carlsbad. The project area is not subject to any other habitat conservation plans.
17 Rev. 01/02/07
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Project Name - Village Master Plan and Design Manual Amendments
X. MINERAL RESOURCES - Would the project:
a) 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?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land
use plan?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
No impact (a & b) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance
do not propose or affect any regulation that would result in the loss of availability of a mineral resource. There are
no known mineral resources, of local importance or otherwise, within the project area. Therefore, the proposed
project will not result in the loss of availability of such resources.
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundbourne vibration or groundbourne noise
levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
X
18 Rev. 01/02/07 IC&
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance would not result in significant noise impacts. However, it is anticipated that specific
developments within the project area may be subject to increased traffic noise levels due to the potential for
increased number of residential units and/or commercial development. New building placement can be used for
acoustical purposes to reduce overall noise levels for outdoor spaces. Mitigation measures of interior space is
feasible and attainable through standard construction practices and materials. Prior to the issuance of a building
permit, future development within the project area will be required to prepare a project-specific acoustical analysis
to assess potential impacts resulting from the individual development proposal, as well as cumulatively considerable
noise impacts. The developments are subsequently required to implement all mitigation measures identified within
the project-specific acoustical analysis to reduce impacts to a level of less than significant and consistent with noise
standards given in the City of Carlsbad Noise Element. Interior noise levels are required to be mitigated to 45 dBA
or less.
No Impact (b) - Based upon the nature of the proposed uses in the area, the project will not result in exposure of
persons to or generation of excessive groundboume vibration or groundbourne noise levels. In addition, the project
area is not located adjacent to any use that generates excessive groundbourne vibration or groundboume noise
levels.
Less than Significant Impact (c&d) -The proposed amendments will not result in a substantial temporary or
periodic increase in ambient noise levels. However, future development in the project area may result in the
exposure of visitors to or residents of the project area to substantial periodic increases in ambient noise levels from
operation of the existing railroad, which runs north and south through the middle of the project area, as well as
traffic on the existing roadways, including Carlsbad Boulevard and Carlsbad Village Drive. Future development
within the project area will be required to prepare a project-specific acoustical analysis to assess potential impacts
resulting from the individual development proposal, as well as cumulatively considerable noise impacts. The
developments are subsequently required to implement all mitigation measures identified within the project-specific
noise impact analysis to reduce impacts to a level of less than significant and consistent with noise standards given
in the City of Carlsbad Noise Element. Interior noise levels are required to be mitigated to 45 dBA or less.
There may be temporary or a periodic increase in noise levels from construction activity associated with future
development. The City incorporates standard regulations on all project construction activity to ensure that noise and
other potential impacts to surrounding properties are not significant. Therefore, the proposed amendments will not
result in a substantial permanent or temporary increase in ambient noise levels in the project vicinity above levels
existing without the amendments.
No Impact (e & f) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance
do not propose or affect any regulation that would result in exposing people to excessive noise levels associated with
an airport. The Village Redevelopment Area is not located within the impact area of the local McClellan-Palomar
Airport; it is located over four miles from the airport. The project area is not located near any other public or private
airport. Therefore, the proposed project will not expose people to excessive noise levels generated from an airport.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
XII. POPULATION AND HOUSING - Would the project:
a) Induce substantial growth in an area either directly X
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
19 Rev. 01/02/07
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Project Name - Village Master Plan and Design Manual Amendments
b) Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating X
the construction of replacement housing elsewhere?
Less than significant impact (a-c) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance will enhance the quality of desired development within the Village Redevelopment Area, which
has previously been envisioned for the Area and considered in the General Plan. There is no specific proposal for
physical development of any site at this time. However, the project may indirectly induce growth by increasing the
permitted residential densities within the project area and modifying one or more development standards which
could allow for increased commercial square footage through redevelopment activity. No new roads, infrastructure
or other public improvement project are proposed at this time that would indirectly induce substantial growth.
The proposed project will ultimately allow for additional housing and new commercial opportunities within the
Village Area which is consistent with the vision for future growth in this area. The Land Use Element of the General
Plan indicates that the Village Master Plan and Design Manual will guide development within the Village Area. As
set forth in the Village Master Plan, the overall development strategy for the area is to create a strong identity for the
Village, revitalize the area, enhance the economic potential of the Village and establish specific site development
standards. The intent of the Village Master Plan is to preserve the village character by creating a pedestrian scale
environment of specialty shops, services, and restaurants complemented by residential and mixed-use development.
The proposed amendments to the Village Master Plan and Design Manual will further assist in the effort to create
the desired identity and pedestrian-scale environment desired for the Village Area. Within the Village Area, the
density designation for residential development is currently determined on a case-by-case basis according to
compatibility findings with surrounding uses. The current density ranges used for designation purposes allow for a
maximum density of 23 dwelling units per acre in all land use districts of the Village. The proposed amendments
will allow for a maximum density designation of 45 dwelling units/acre on all properties which allow residential
development and/or mixed use development in Land Use Districts 1 through 4 of the Village Area, and 23 dwelling
units/acre on all properties which allow residential development in Land Use Districts 5 through 9. It is anticipated
that there could be a maximum of 937 additional residential units developed within the Village Area as a result of
the proposed amendments. It is anticipated that there will also be an increase in commercial square footage within
the project area. However, it is not anticipated at this time that the increased development will exceed the
projections set forth in the Local Facilities Management Plan for Zone 1, and specifically the Village Area.
The Growth Management Plan for the City of Carlsbad regulates the maximum number of residential units that can
be constructed within the city limits based on quadrant location. The Village Area is located in the Northwest
Quadrant. The Northwest Quadrant is permitted a total of 15,370 residential units. There are 12,777 existing
residential units in the Northwest Quadrant, and approximately 2, 593 additional units permitted. Currently, all
residential developments must be developed at a density no greater than the growth management control point
(which is the midpoint of the applicable density range) unless a density bonus or increase is approved as set forth
within Chapters 21.53 and 21.86 of the Carlsbad Municipal Code.
Because the Village Area has V-R (Village Redevelopment) zoning rather than any type of residential zoning, there
are no specific residential units assigned to the Village under the Growth Management Plan. As a result, all
residential units within the Village must come from the City of Carlsbad's Excess Dwelling Unit Bank. The total
residential units permitted in the Northwest Quadrant may not be exceeded. However, as long as there are units
available within the Excess Dwelling Unit Bank then additional residential units may be constructed within the
Village. As of July 1, 2007, the Excess Dwellling Unit bank had a balance of 2972 units. In considering the use of
Excess Dwelling units from the bank, the City Council anticipated in December, 2002 that approximately 1000
dwelling units from the bank would be used for new residential development within the Village Area. Based on the
current analysis, it is anticipated that approximately 937 excess dwelling units will be needed for full build out of the
Village Area. The provision for public facilities within the Zone 1 Local Facilities Management Plan, including
parks, libraries, fire protection and police protection services, as well as other services, have been planned to
accommodate the projected growth in the area. As the facilities planning has already been completed and residential
20 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
units are accounted for in the overall "excess dwelling unit bank", the proposed changes in permitted density and
other development standard amendments will not create an unexpected demand for additional future public services.
Future development of the proposed residential units resulting from the proposed amendments will not exceed the
total growth projections anticipated for the area. Therefore, the proposed project will not result in a growth in
housing or other development that will substantially or adversely impact public services.
There are approximately 390 existing residential units within the project area. It is anticipated that these residential
units will remain or be demolished but replaced within the project area as part of a new development. At this time, it
is anticipated that there will be no displacement of substantial numbers of people which would necessitate the
construction of replacement housing elsewhere. New residential development and mixed use development (with
residential included) is being encouraged by the proposed amendments to the Village Master Plan and Design
Manual. Therefore, it is anticipated that the loss of housing will be less than significant.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i) Fire protection? X
ii) Police protection? X
iii) Schools? X
iv) Parks? X
v) Other public facilities? X
Less than significant impact (ai-v) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not propose or affect any regulation that would result in adverse impacts to the maintenance
of acceptable service ratios, response times or other performance objectives for public services (fire & police
protection, schools, parks and other public facilities). The Village Area is located in the Local Facilities
Management Plan for Zone 1. The provision of public facilities within Zone 1, including parks, libraries, fire
protection and police protection services, as well as other services, have been planned to accommodate the projected
growth for the area. No conflicts with the Zone 1 LFMP have been identified as a result of the proposed
amendments. Future development proposals will be required to demonstrate consistency with the LFMP for Zone 1,
or amend the plan as appropriate.
21 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
XIV. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
No Impact (a&b) - As part of the City's Growth Management Program, a performance standard for parks was
adopted. Any future residential development subject to the amended regulations will be required to comply with the
performance standards of the Growth Management Program, which will ensure that future residential development
will not adversely impact any park facilities.
XV. TRANSPORTATION/TRAFFIC - Would the project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in insufficient parking capacity?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
X
22 Rev. 01/02/07
)07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
g) Conflict with adopted policies, plans, or programs X
supporting alternative transportation (e.g., bus turn-
outs, bicycle racks)?
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal for physical development of any site. As a result of increased densities
and the modifications to one or more development standards, it is anticipated that there will be an increase in traffic
impacts. However, while there may be an increase in traffic, it is not anticipated at this time that the future
development will exceed projections used to design the existing street system and size the streets to accommodate
traffic from future development projects and cumulative development in the City of Carlsbad. The amendments will
include incentives for reducing vehicle trips to and from the Village Area through encouragement of programs that
support the use of public transportation. In addition, the development standards are specifically designed to
encourage a pedestrian orientation within the Village through integration of a wide mix of land uses in a
concentrated area. While the increase in traffic may be noticeable, it is not anticipated that the proposed amendments
will cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street
system. However, to ensure that the facilities are adequate to accommodate development, there is a performance
standard for traffic as part of the City's Growth Management Program. Future development that is subject to the
amended standards will be required to comply with this performance standard, which ensures future development
will not exceed the traffic load and capacity of the city's street system. Any future development proposal that is
subject to the amended standards and anticipated to have a substantial impact on traffic will be required to prepare a
site-specific, project specific traffic analysis at the time of application. The development will be required to
implement appropriate measures set forth within the analysis to address any potential traffic impacts created by the
proposed development.
No Impact (b) SANDAG acting as the County Congestion Management Agency has designated three roads
(Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of
the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these
designated roads and highways in Carlsbad is:
Existing ADT* LOS Buildout ADT*
Rancho Santa Fe Road 17-35 "A-D" 35-56
El Camino Real 27-49 "A-C" 33-62
Palomar Airport Road 10-57 "A-D" 30-73
SR78 124-142 "F" 156-180
1-5 199-216 "D" 260-272
* The numbers are in thousands of daily trips.
The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if
that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated
roads and highways are currently operating at or better than the acceptable standard LOS.
Note that the buildout ADT projections are based on the full implementation of the region's general and community
plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the
buildout projections. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes
implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and
highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-
term and at buildout.
No Impact (c) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do
not propose or affect any regulation that would result in a change in air traffic patterns or result in substantial safety
risks associated with air traffic patterns. The Village Redevelopment Project Area is not located in the vicinity of
the McClellan-Palomar Airport, nor are any aviation components included in the proposed project.
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Project Name - Village Master Plan and Design Manual Amendments
No Impact (d) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do
not propose or affect any regulation that would cause a future project to increase hazards due to a design feature or
incompatible use. All future development projects will have circulation improvements designed and constructed to
City standards; and, therefore, would not result in design hazards.
No Impact (e) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do
not propose or affect any regulation that would result in inadequate emergency access. Any future development will
be designed to satisfy the emergency requirements of the Fire and Police Departments.
Less than Significant Impact (f) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance propose methods for recalculating parking requirements (from gross floor space to net floor
space), providing parking credits, allowance for tandem parking, reduction in parking for implementation of transit-
oriented projects, creative parking alternatives such as parking lifts and elevators, and standard modifications with
justification for development of green buildings. However, it is not anticipated at this time that these amendments
will substantially reduce parking capacity within the Village Area. Any future development will be designed to meet
the parking standards set forth for the applicable land use, with potential reductions only for uses that do not
generate, or will limit, parking demand and/or do not reduce parking capacity within the Village Area.
No Impact (g) — The proposed project does not conflict with adopted policies, plans or programs that support
alternative transportation. The project area has several forms of public transportation within the area including bus
and commuter rail. The Coastal Rail Trail runs through the center of the Village Area, and provides for bicycle and
walking paths. The amendments to the Village Master Plan and Design Manual support alternative forms of
transportation by offering parking reductions and/or modifications for development programs that support public
transportation and/or other development features which support the use of alternate forms of vehicles (such as
electric vehicles).
XVI. UTILITIES AND SERVICES SYSTEMS - Would the
project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
Potentially
Significant
Impact
Potentially
Significant
Unless '
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
24 Rev. 01/02/07
/09
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
X
X
X
Less than Significant Impact (a-g) - All future development resulting from the Village Master Plan and Design
Manual will be required to comply with all Regional Water Quality Control Board Requirements. The proposed
amendments will allow for development that is consistent with the General Plan and the development strategy set
forth within the Village Master Plan and Design Manual. The LFMP for Zone 1 was prepared with the intention that
the Village Area would be redeveloped over time with more intense development and facilities were planned and
designed to accommodate future development in the area. All public facilities, including water facilities, wastewater
treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections
for the City at build-out. Although future development in the project area will increase the demand for these
facilities, such development is not anticipated to result in an overall increase in the City's growth projections.
Therefore, the proposed amendments to ultimately allow for redevelopment of the existing infill development within
the Village Area will not result in land use that will result in a significant need to substantially expand or construct
new water facilities/supplies, wastewater treatment or stormwater drainage facilities.
Future development projects on the site will be required to ensure that waste disposal services are adequate to serve
a proposed project without exceeding landfill capacities. In addition, all future development proposed will be
required to comply with federal, state and local statutes and regulations related to solid waste.
XVII. 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
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumula-
tively 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?)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
25 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
c) Does the project have environmental effects, which X
will cause the substantial adverse effects on human
beings, either directly or indirectly?
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal for physical development of any site, and does not propose or affect any
regulation that would 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 California history or prehistory. The Village Project
Area is an infill developed urban area. There are currently no fish or wildlife species located within the area that
would be impacted by future development.
Less than Significant Impact (b) - Because new development in the Village Area is consistent with the General
Plan and is not anticipated to exceed the projections set forth for the area, the incremental impacts of the project
have not been found to be cumulatively considerable after an evaluation of all potential impacts. After careful
review, there is no substantial evidence that any of the incremental impacts are potentially significant. The impacts
of the project have therefore not been found to be cumulatively considerable.
San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and
local general plan land use policies are incorporated into SANDAG projections. Based upon those projections,
region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion
management standards, etc. are established to reduce the cumulative impacts of development in the region. All of
the City's standards and regulations, including grading standards, water quality and drainage standards, traffic
standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development
within the City, including the Village Redevelopment Area, will not result in significant cumulatively considerable
impact.
There are two regional issues that development within the Village Redevelopment Area has the potential to have a
cumulatively considerable impact on. Those issues are air quality and regional circulation. Development of future
projects subject to the amended standards may represent a contribution to a cumulatively considerable potential net
increase in emissions throughout the air basin. However, emissions associated with a future development would be
minimal. Given the limited emissions potentially associated with a future development, air quality would be
essentially the same whether or not additional development is implemented.
With regard to circulation, the County Congestion Management Agency (CMA) has designated three roads (Rancho
Santa Fe Rd., El Camino Real and Palomar Airport Rd) and two highway segments in Carlsbad as part of the
regional circulation system. The CMA has determined, based on the City's growth projections in the General Plan,
that these designated roadways will function at acceptable levels of service in the short-term and at build out.
With regard to any other potential impact associated with the project, City standards and regulations will ensure that
development of the site will not result in a significantly cumulatively considerable impact.
Less than Significant Impact (c) - The proposed amendments will not affect any policies or standards that would
conflict with City or region-wide standards. Also, the proposed amendments do not include a proposal for physical
development of any site, and does not propose or affect any regulation that would cause substantial adverse effects
on human beings, either directly or indirectly. Future development within the project area will be required to prepare
project specific reports to assess potential impacts to people affected by the project. Potential impacts will be
identified and mitigation measures proposed. Those mitigation measures will be incorporated into project design or
included as conditions of project approval. Any future development on the site will be required to comply with all
applicable federal, state, regional and city regulations, which will ensure that future development will not result in
adverse impact on human beings, either directly or indirectly.
26 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
XVHI. 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 identity 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 from the above checklist were within 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.
27 Rev. 01/02/07 \ | «-\/ 2-
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of
Carlsbad Planning Department. March 1994.
Carlsbad General Plan. September 6, 1994.
Carlsbad Municipal Code. Title 21. Zoning.
Carlsbad Local Facilities Management Plan.
City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. November 1992.
28 Rev. 01/02/07
^nr**.ARNOLD SCHWARZENEGGER
GOVERNOR
^oytAugust 24,
STATE OF CALIFORNIA
O/PLANNING AND RESEARCH
STATE CLEARINGHOUSE AND PLANNING UNIT
IUUG21 A 10: 53
...tfPUto^
i^WR *
^«SP^
CYNTHIA BRYANT
DIRECTOR
Debbie Fountain
City of Carlsbad
planning Department
2965 Roosevelt Street
Carlsbad, CA 92008
Subject: Village Master Plan and Design Manual -Amendments .
SCH#: 2007071132
Dear Debbie Fountain:
rin«d comment (s) on your Negative Declaration was (were) received by the State Clearinghouse
Stt ^ e^ew period? which closed on August 22, 2007. We are forwardong these
lTey provide' information or raise issues that should be addressed in your final
environmental document.
ia Environmental Quality Act does not require Lead Agencies to respond to late comments.
encourage you to incorporate these additional comments mto your final envn-onmental
and to consider them prior to taking final action on the proposed project
the State Clearinghouse at (916) 445-0613 if you have any questions concerning the
en -view process. If you have a question regarding the above-named project, please refer to
State Clearinghouse number (2007071 132) when contacting uns office.
The
Sincerely,
IsTerryRoberts
Senior Planner, State Clearinghouse
Enclosures
cc: Resources Agency
140010th Street P.O. Box 3044 Sacramento, California 95812-3044
(916)445-0613 FAX (916) 323-3018 www,opr.ca.gov
U. S. Fish and Wildlife Service
Carlsbad Fish end Wfldlife Office
6010 Hidden Velky Rood
Carlsbad, California 92011
(760)431-9440
FAX (760) 431-5902
California Department of Fish and Game
South Coast Region
*949 Viewridge Avenue
San Diego, California 92123
(858)467-4201
FAX (858) 467-4299
In Reply Refer To:
FWS-SDG-5425.1
Ms. Debbie Fountain
Housing and Redevelopment Director
City of Carlsbad
2965 Roosevelt St, Suite B
Carlsbad, California 92008-2335
RECEIVED
AUG 2 3 2007
STATE CLEARING HOUSE
AUG 2 2 2007
S/2Z/C?
Iccft
Subject:Comments on the Negative Declaration for the Carlsbad Village Master Plan and Design
Manual Amendments, City of Carlsbad, San Diego County, California (SCH #2007071132;
LCPA 95-10[a]/2CA 95-10[a]) .
Dear Ms. Fountain:
The U.S. Fish and Wildlife Service (Service) and California Department of Fish and Game (Department)
have reviewed the Negative Declaration, dated July 23,2007, for the above referenced amendment The
proposed amendment doos not affect any regulation that would result in direct adverse effects on any
sensitive habitat or wildli fe. However, in order to avoid potential significant indirect effects, we
recommend that any future development adjacent to Buena Vista Lagoon within the Carlsbad Village
Master Plan Redevelopment Area be consistent with the Coastal Zone wetland buffer standards as
described in the Habitat Management Plan for Natural Communities in the City of Carlsbad.
We appreciate the oppon unity to comment on this negative declaration. Please keep us informed of any
proposed changes to the Carlsbad Village redevelopment area thai may affect sensitive biological
resources. If you have any questions or comments pertaining to this letter, please contact'Marci Koski
(Service) at (760) 431-9440, ext. 304, or Janet Stuckrath (Department) at (858) 637-5510.
Sincerely, ,
Therese O'Rourke
Assistant Field Supervisor
U.S. Fish and Wildlife Sea-vice
Michael J. Mulligan
Deputy Regional Manager
California Department of Fish and Game
cc:
State Clearinghouse (fax only)
TAKE
of Carlsbad
August 27, 2007
THERESE O'BOURKE
TT S FIELD AJ^D WILDLIFE SERVICES
CARLSBAD FISH AND WILDLIFE OFFICE
6010 HIDDEN VALLEY ROAD
CARLSBAD, CA. 92011
RE:COMMENTS ON THE NEGATIVE DECLARATION FOR THE CARLSBAD
VILLAGE MASTER PLAN AND DESIGN MANUAL
Dear Ms. O'Rourke:
you for your letter dated August 22, 2007 regarding the Negative Declaration for the
to the Carlsbad Village Master Plan and Design Manual. As noted within your
nu>, no action is being recommended at this time that would have a direct adverse effect
any sensitive habitat or wildlife. Any development adjacent to Buena Vista Lagoon, which is
within the Village Redevelopment Area, will be subject to the Village Master Plan
and Design Manual as well as any other applicable regulations concerning wetland buffers
and/or adopted Habitat Management Plan(s). No revisions are proposed at this time to the
Village Master Plan and Design Manual that would exempt the subject development projects
from any of the previously adopted Coastal Zone wetland buffer requirements and/or standards.
Thank you again for your comments. As requested, we will keep you informed of any proposed
changes to the Carlsbad Village redevelopment area that may affect sensitive biological
resources. Please contact my office at (760) 434-2935 if you have any other questions.
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2965 Roosevelt St.Ste. B • Carlsbad, CA 92008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037
l/i
STATE OF CALIFORNIA -
«,. X&wmfR's OFFICE O/PLANNING AND RESEARCH
, ,- If""' ^_.I .^j V •;* *rf. Ul*STATE CLEARINGHOUSE AND PLANNING UNIT
CVNTHIA BRYANT
21 A » 5 3 . DIRECTOR
Debbie Fountain
City of Carlsbad
planning Department
2965 Roosevelt Street
Carlsbad, CA 92008
Subject- Village Master Plan and Design Manual - Amendments
SCH#: 2007071132
Dear Debbie Fountain:
The State Clearinghouse submitted the above named Negative Declaration to 'elected sta ^ agencies for
S The review period closed on August 22, 2007, and no state agencaes submitted comments by that
ST TbJTeier acknowledges that you have complied with the State Cleannghouse revaew requirements
^^environmental documents, pursuant to the California Environmental Quahty Act
T,! P rail the State Clearinghouse at (916) 445-0613 if you have any questions regarding ** ' '
SorSeD«l review proceS If you have a question about the above-named project, please refer to. the
ten-digit State Clearinghouse number when contacting this office.
Sincerely,
IsTerry Roberts
Director, State Clearinghouse
140010th Street P.O. Box 3044 Sacramento, California 95812-3044
(916)445-0613 FAX (916) 323-3018 vmw.opr.ca.gov ,ft/7
State Clearinghouse Data Base
SCH#
Project Title
Lead Agency
2007071132
Village Master Plan and Design Manual - Amendments
Carlsbad, City of
Type Neg Negative Declaration
Description The proposed project is amendments to Chapter 12.35 of the Carlsbad Municipal Code and to the
Village Master Plan and Design Manual to revise and/or clarify policies for consistency among
regulatory documents and/or to revise one or more development standards, including an increase in
residential density, for the Village Redevelopment Project Area only. These amendments, which
ultimately will include an amendment to the Local Coastal Program for the Village Area, will assist in
the continued facilitation of the development of high quality redevelopment projects in the Village
Redevelopment Area of Carlsbad. The project applies to regulations that area applicable to properties
within the boundaries of the Village Redevelopment Area only. There is no specific development
project site with a specific environmental setting or surrounding land uses identified at this time.
Lead Agency Contact
Name Debbie Fountain
City of Carlsbad
(760) 434-2935 Fax
Agency
Phone
email
Address
City
Planning Department
2965 Roosevelt Street
Carlsbad State CA Zip 92008
Project Location
County San Diego
City Carlsbad
Region
Cross Streets
Parcel No. Multiple
Township Range Section Base
Proximity to:
Highways 1-5
Airports
Railways
Waterways
Schools
Land Use
McClellan and Palomar
NCTD
Pacific Ocean and Buena Vista Lagoon
Jefferson Elementary
Currently all property within the Village Redevelopment Area is zoned V-R (Village Redevelopment)
and the general plan designation is V (Village). The permitted, provisional, accessory and/or not
permitted land uses are set forth within a matrix within the Village Master Plan and Design Manual.
There are no proposed zone changes or general plan amendments proposed as part of the subject
project.
Project Issues
Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish
Agencies and Game, Region 5; Department of Fish and Game, Marine Region; Department of Parks and
Recreation; Department of Water Resources; Caltrans, Division of Aeronautics; California Highway
Patrol; Caltrans, District 11; Regional Water Quality Control Board, Region 9; Native American
Heritage CommissionrPoblkrOtiiities-eoTnTnissiori
Date Received 07/24/2007 Stan of Review 07/24/2007 End of Review 08/22/2007
Mote: Blanks in data fields result from insufficient information provided by lead agency.
U. S. Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
6010 Hidden Vellcy Road
Carlsbad, California 92Q11
(760)431-9440
FAX (760) 431-5902
California Department of Fish and Game
~* South Coast RegionT * *: *T7 i** ^^4949 v4e$Tidge Avenue
San Diego', California 92123
T(858) 467-4201
TAXC
In Reply Refer To:
FWS-SDG-5425.1
Ms. Debbie Fountain
Housing and Redevelopment Director
City of Carlsbad2965 Rooseveh St., SuitcB
Carlsbad, California 92008-2335
AUG 2 2 2007
Subject:Comments on the Negative Declaration for the Carlsbad Village Master Plan and Design
Manual Amendments, City of Carlsbad, San Diego County, California (SCH #2007071132;
LCPA 95-10[a]/2CA 95-10[a])
Dear Ms. Fountain:
Th U S Fish and Wildlife Service (Service) and California Department of Fish and Game (Department)
have reviewed the Negative Declaration, dated July 23,2007, for the above referenced amendment The
nroDOsed amendment dots not affect any regulation that would result in direct adverse effects on any
sitive habitat or wildlife. However, in order to avoid potential significant indirect effects, we
ommend that any future development adjacent to Buena Vista Lagoon within the Carlsbad Village
Master Plan Redevelopment Area be consistent with the Coastal Zone wetland buffer standards as
described in the Habitat Management Plan for Natural Communities in the City of Carlsbad.
We atmreciate the opportunity to comment on this negative declaration. Please keep us informed of any
roposcd changes to the Carlsbad Village redevelopment area that may affect sensitive biological
cmirccs If YOU have any questions or comments pertaining to this letter, please contact Marci K
(Service) at (760) 431-9440, ext. 304, or Janet Stuclcrath (Department) at (858) 637-5510.
Sincerely,
Koskd
Therese O'Rour*
Assistant Field Supervisor
U S. Fish and Wildlife S«nvice
Michael J. Mulligan
Deputy Regional Manager
California Department of Fish and Game
cc:State Clearinghouse (fax only)
TAKE
Iff
STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION
320 WEST 4™ STREET, SUITE 500
LOS ANGELES, CA 80013
August 15, 2007
Debbie Fountain
City of Carlsbad
2965 Roosevelt Street
Carlsbad, CA 92008
Dear Ms. Fountain:
ARNOLD SCHWARZENEGGER. Governor
Re- SCH# 2007071132; Village Master Plan and Design Manual-Amendments
The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway-rail
ossines (crossings) in California. The California Public Utilities Code requires Commission approval
for the construction or alteration of crossings and grants the Commission exclusive power on the design,
alteration, and closure of crossings.
The Commission is in receipt of the Notice of Completion & Environmental Document Transmittal-Neg
D from the State Clearinghouse. RCES recommends that the City add language to the Amendments so
that any future planned development adjacent to or near NCTD's right-of-way be planned with the safety
f the rail corridor in mind. New developments may increase traffic volumes not only on nearby streets
andat intersections but also at the Grand Avenue (DOT 026820X), Carlsbad VillageDrive (DOT
02682IE) and Tamarack Avenue (DOT# 026822L) crossings. This includes considering pedestrian
circulation patterns/destinations with respect to railroad right-of-way.
Safety factors to consider include, but are not limited to, the planning for grade separations for major
thoroughfares, improvements to existing at-grade highway-rail crossings due to increase in traffic
volumes and appropriate fencing to limit the access of trespassers onto the railroad right-of-way.
Please advise us on the status of the project. If you have any questions in this matter, please contact me at
(213) 576-7078 or at rxm@cpuc.ca.gov.
Sincerely,
Rosa Mufioz, PE _ ; .. ,
Utilities:Tengmder";r'\, (; „. YR^il CrOlssirigrE^gin&nMSectipn^^^^^
Consumer PrbWidii &:Saf?|y Division ,
of Carlsbad
Department
August 27, 2007
ROSA MUNOZ
UTILITIES ENGINEER - RAIL CROSSINGS
PUBLIC UTILITIES COMMISSION
320 WEST 4™ STREET, SUITE 500
LOS ANGELESE, CA. 90013
RE:COMMENTS ON THE NEGATIVE DECLARATION FOR THE CARLSBAD
VILLAGE MASTER PLAN AND DESIGN MANUAL
Dear Ms. Munoz:
Thank vou for your letter dated August 16, 2007 regarding the Negative Declaration for the
revisions to the Carlsbad Village Master Plan and Design Manual. Per your request, language has
been added to the amendments that require any future development adjacent to or near NCTD's
debt of way be planned with consideration given to the safety of the rail corridor. This
consideration will be given at the project-specific level and a determination will be made.at that
time as to whether or not any additional safety measures are required.
Thank you again for your comments. Please contact my office at (760) 434-2935 if you have any
other questions.
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2965 Roosevelt St. Ste. B • Carlsbad, CA 82008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037
SAN LUIS REY BAND
of Mission Indians
Tribal Council
JUL 2007
Ptervning.Department
City ofGarisbad
Russell Romo
Captain
Carmen Moj'ado
Secretary of Government
Relations
Charlotte Herrera
Secretary oftJie Treasury
Tom Beltran
Secretary of Economic
Development
AJ Cerda
Secretary of Tribal Ethics
and Information
Clara Guy
Tribal Elder
Henry Contreras
Council Member
Mel Vemon
Council Member
Mary Lou BeJtran
Council Member
Carrie Lopez
Tribal Advisor
Merri Lopez, Esq.
Trite
'/
Contact infonrution
1889Sunsel Drive
VLsta, CA 92081
Tel: (760) 724-8505
Fax:(760) 724-2172
Raised: 01 05
Re: Co:ts on Proped
Dear
comme
The San Luis #ey Band
on thtf proposed
hereby submits the following
Is jLs\j^
.("Project").
5an Luis Key Band ("Band" or "Tribe") is a San Diego County Tribe
whose traditional territory includes the current cities of Vista, Oceanside,
Carlsbad, San Marcos and Escondido, among others. The Band's primary
concerns are the preservation and protection of cultural, archaeological, sacred
and historical sites of significant to the Band located within the Project area.
The Band is concerned about protecting the unique and irreplaceable
cultural resources which will be affected by the Project. The Tribe is also
concerned about the appropriate and lawful treatment of Native American human
remains and cultural and sacred items which are likely to be disturbed during the
Project's development and ground disturbing activities. The Band does have a
Most Likely Descendant on file with the Native American Heritage Commission
in the event that human remains are discovered during the grading process.
The need for mitigation measures for this Project are undisputed. The
strongest protections must be afforded to protect these invaluable resources. The
Band intends to use all appropriate and necessary procedures available to ensure
that these resources are property addressed via the CEQA and SB 18 processes.
To ensure a complete and undisputed understanding by all parties
regarding the.prolection of-tbese priceless resources, the Band respectfully
Page 1 of 3
Tribal Council
Russell-Rome
Captain
Carmen Moj'ado
Secretary of Government
Relations
Charlotte Herrera
Secretary oftlie Treasury
Tom Beltran
Secretary of Economic
Development
AlCerda
secretary of Tribal Ethics
and Information
Clara Guy
Tribal Elder
Henry Contreras
Council Member
Mel Vernon
Council Member
Mary Lou Beltran
Council Member
Carrie Lopez
Tribal Advisor
Merri Lopez, Esq.
Tribe Legal
Contact infpnrulion
1889 Sunset Drive
Vista, CA 92081
Tel: (760) 724-8505
Fax:(760) "24-2172
Rrvised: 01 05
SAN LUIS KEY BAND
of Mission Indians
requests that the following mitigation measures be added as mandatory
conditions for approving the grading permit for the Project. The Developer must
be required to submit written proof of these requirements before the permit may
be. issued.
1. The Developer must execute a Pre-Excavation Agreement with
the Band prior to any ground-disturbing activities on the Project
site. The agreement will, at minimum, include the following
provisions:
A. Require appropriate treatment of human remains and
cultural items.
B. Require a good faith effort by the parties to agree on what
is appropriate treatment and dignity when addressing
human remains and cultural items.
C. Require that any human remains or cultural items
recovered during the grading process be returned to the
Band, and not curated in a facility absent the express
written consent of the Band.
D. Require avoidance for all significant and sacred
archaeological sites which may be found during
development. Avoidance is the preferred method of
preservation under CEQA for such resources.
E. Require Native American monitors to be present during all
ground-disturbing activities.
F. Provide for the compensation of tribal monitors at the
expense of the Developer.
2. Additionally, the Band requests that Native American monitors be
added as a mandatory requirement, in addition to any
archaeological monitor required by state law.
With these clarifications, the San Luis Rey Band believes that the
mitigation measures described above will provide adequate protection for the
cultural resources and human remains that may be discovered in the Project area.
The Band intends to carefully monitor this Project to ensure that the requirements
imposed by-CEQA and SB 18 are rigorously applied for the duration of the
Project.
Page 2 of 3
Tribal Council
Russell Rpmo
Captain
Carmen Mojado
Secretary of Government
Relations
Charlotte Herrera
Secretary oftiie Treasury
Tom Beltran
Secretary of Economic
Development
AlCerda
Secretary of Tribal Ethics
and Information
Qara Guy
Tribal Elder
Henry Contreras
Council Member
Mel Vemon
Council Member
Mary Lou Beltran
Council Member
Carrie Lopez
Tribal Advisor
Merri Lopez, Esq.
Tribe Legal
SAN LUIS KEY BAND
of Mission Indians
d truly appreciates the commitment of
to continue consultation with the Tribe duri
fook forward \o continuing this positive relationship and we ttfank yi
assistance in protecting our invaluable Luiseno cultural resources.
Si
ect. We
for your
'ussellRomo, Tribal Captain
San Luis Rey Band of Mission Indians
Contact infonnjtion
1889 Sunset Drive
Vista, CA 92081
Tel: (760) 724-8505
Fax: (760)724-2172
Rr\-i.iL'd: 01 (iS Page 3 of 3
of Carlsbad
August 27, 2007
UITSSELL ROMOSAN LUIS REV BAND OF MISSION INDIANS
1889 SUNSET DRIVE
VISTA, CA. 92081
™. COMMENTS ON THE NEGATIVE DECLARATION FOR THE CARLSBAD
VILLAGE MASTER PLAN AND DESIGN MANUAL
Dear Mr. Romo:
vou for your letter dated July 23, 2007 regarding the Negative Declaration for the
to the Carlsbad Village Master Plan and Design Manual. The Redevelopment Agency
the concerns of the San Luis Key Band of Mission Indians. At this tune, no specific
been proposed which would directly impact any cultural, archaeologicd, sacred or
within the Village Area of Carlsbad. The proposed revisions to the Village Master
Manual are general in nature and are not being applied to a specific project at
eris no specific grading permit being issued as a result of approval of the subject
ms to the Village Master Plan and Design Manual. Any ground-disturbing activities in the
e will be required to comply with all applicable regulations as related to the protection of
cultural resources and human remains discovered in the Village Area.
Thank you again for your comments. Please contact my office at (760) 434-2935 if you have any
other questions.
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2965
Ste. B - Carlsbad, CA S2008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037
IVB