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HomeMy WebLinkAbout1999-03-02; Housing & Redevelopment Commission; 306; Join Hands Save-A-Life Youth FacilityL Gmw (i3 HOUSING AND REDEVELOPMENT COMMISSION -AGENDA BILL AB# ~30 6 TITLE- . MTG. 3/2 h-7 JOIN HANDS SAVE-A-LIFE YOUTH FACILITY DEPT. CA 1 CASE NO.: RP 97-03 DEPT. HD. CITY ATTY. CITY MGRS-, RECOMMENDED ACTION: If the Housing and Redevelopment Commission concurs, its action is to adopt Resolution No. 307 amending Resolution Nos. 305 and 306 approving a major redevelopment permit (RP 97-03) for the Join Hands Save-A-Life Youth Facility . ITEM EXPLANATION: On April 7, 1998 and May 12, 1998, the Housing and Redevelopment Commission reviewed and considered an application for a major redevelopment permit requested for a youth facility by Join Hands Save-A-Life, a non-profit organization. The Commission remanded the project as proposed for redesign, reduction in the size and bulk of the building, and to reduce the number of requested variances. At its meeting of February 2, 1999, the Commission reviewed and approved the applicant’s revised proposal, subject to a number of conditions to ensure its design quality, compatibility with the neighborhood, and its primary use shall be for regular and routine activities designed for low income youths and teens. The amended resolution is attached for your review and approval. It includes the following conditions added by the Commission at the hearing: l The facility is limited to one (1) floor of 6,175 square feet. Additional space or second floor requires a separate permit and a parking demand analysis. l The facility is to be used primarily for regular and routine activities designed for low income youth and teens. l The front portion of the facility is to be redesigned to increase its articulation and visual appearance. l The facility is not approved for any type of residential use. l Adults who work in the facility must satisfactorily complete a background check. The Commission also made it clear that when the applicant applies for or is granted CDBG funding or any other public financial assistance by the City of Carlsbad or the Redevelopment Agency, applicant should be aware that as a condition to receiving such funding, conditions and covenants will be placed against those funds ensuring that they will be used only for the purpose granted and that the funds shall be secured by a deed of trust, lien or other appropriate mechanism that runs with the land as a condition to such grant. FISCAL IMPACT: In past years, the City has approved this proposed facility for public facility (acquisition and construction) funding through the federal Community Development Block Grant (CDBG) Program. To date, the City has approved the Join Hands organization for $82,000 in CDBG funds for property acquisition for a new youth facility. The site of the proposed project was purchased by Join Hands with the noted CDBG funds. In addition, the City Council has approved $217,000 to date in CDBG funds for construction of a new youth facility. / Agenda Bill # 306 Page 2 No expenditure of funds from the City of Carlsbad General Fund or the Carlsbad Redevelopment Agency is authorized by approval of the subject permit. While the project itself will have very little financial impact on the City or the Redevelopment Agency due to the non- profit status of the applicant (Join Hands), the project may serve as a catalyst for other private improvements in the area, either through new development or rehabilitation of existing buildings. The proposed project does provide for development on a currently vacant, blighted site and will provide for a social/recreational facility for youths in the neighborhood. The Planning Department has conducted an environmental review of the original project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration was issued for the subject project by the Planning Director on September 19, 1997 and made available for public review. No comments were received on the environmental document. The Design Review Board recommended approval of the Negative Declaration for this project through adoption of Design Review Board Resolution No. 259. The redesign of the project reduced the scope of the project and no new environmental impacts have been identified. Therefore, no additional environmental analysis is required. The attached Housing and Redevelopment Commission Resolution approves the original Negative Declaration. EXHIBITS: Housing and Redevelopment Resolution No. 363 Housing and Redevelopment Resolution No, 305 Housing and Redevelopment Resolution No, 306 I RESOLUTION NO. 307 2 3 4 5 6 7 8 9 IO I1 12 I8 I9 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 97-03) INCLUDING VARIANCES FOR THE JOIN HANDS YOUTH FACILITY PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET, BETWEEN PINE AND WALNUT, IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. APPLICANT: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY APN: 204-081-08,09, 10 CASE NO: RP 97-03 WHEREAS, on November 24, 1997, the Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 97-03) for construction of a new youth facility on property located on the west side of Roosevelt Street, between Pine and Walnut; and WHEREAS, said hearing was continued for further consideration to January 26,1998; and WHEREAS, the hearing of January 26, 1998 was continued for further consideration to February 23, 1998, and the Design Review Board adopted Design Review Board Resolution No. 260, recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 97-03) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on April 7, 1998 and May 12, 1998 held duly noticed public hearings to consider the recommendations and heard aH persons interested in or opposed to Major Redevelopment Permit RP 97-03; and WHEREAS, the Housing and Redevelopment Commission of the City of Carisbad, on February 2, 1999 held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to Major 1 z 2 4 e * E 7 8 9 IO II 12 I3 I4 I5 I6 I7 18 19 20 21 22 23 24 25 26 27 28 - Redevelopment Permit RP 97-03 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued by the Planning Director on September 19, 1997 and recommended for approval by Design Review Board Resolution No. 259 on January 26, 1998 and February 23,1998, NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the foregoing recitals are true and correct. 2. Based on the evidence presented at the public hearings, the Housing and Redevelopment Commission approves a Major Redevelopment Permit for the Join Hands Save-A-Life Youth Facility, RP 97-03, including variances for the rear setback, which exceeds the maximum range and for off-site loading and unloading for persons using the facility, based on the following findings and subject to the following conditions: A. Housing and Redevelopment Commission Resolution No. 305 approving the major redevelopment permit RP 97-03 for this project is amended to read: I. The developer shall be allowed to construct the building with interior improvements to provide for only one floor under this permit. This restriction shall allow for a maximum of 6,175 square feet of building space. The developer shall be required to submit a separate application for an amendment to this permit at a later date if it desires to expand the interior space to include a second floor. 2 1 The developer shall not be allowed to expand without a further assessment of the parking 2 needs for the project and the applicable parking standard nor without prior approval from 3 this Commission. 4 2. The facility shall be primarily used for regular and 5 6 routine activities designed for low income youths and teens only as set forth in the permit 7 application. The facility shall not be leased for any non-organization, adult-oriented 8 activities at any time. 9 3. The front portion of the building shall be redesigned 10 11 12 and recessed, as applicable, to increase its articulation and enhance its visual appearance on Roosevelt Street to the satisfaction of the Housing and Redevelopment Director. 4. This facility is not approved for any type of residential use and no person shall be allowed to live in the building nor shall any residential eating or sleeping facilities be included. 5. All adult persons whether employed or volunteers, who administer or assist in the administration or operation of the facilities for teens, shall be subject to a background check and approval by the Chief of Police prior to commencing 18 19 20 21 any such activities. 22 6. When the applicant applies for or is granted CDBG 23 funding or any other public financial assistance by the City of Carlsbad or the 24 Redevelopment Agency, applicant should be aware that as a condition to receiving such funding, conditions and covenants will be placed against those funds ensuring that they will be used only for the purpose granted and that the funds shall be secured by a deed of 25 26 27 3 1 2 3 4 5 6 7 8 9 10 11 12 9 gj mum 327 13 %88 18 19 20 21 22 23 24 25 26 27 28 trust, lien or other appropriate mechanism that runs with the land as a condition to such ~ grant. 7. Any change in use for the subject property shall require approval of the appropriate redevelopment permit with the requirement for a full assessment and analysis of parking obligations. Any new use will be required to provide additional parking in compliance with regulations in effect at the time of application. 8. Except as specifically modified above, all other terms and conditions of Housing and Redevelopment Commission Resolution No. 305, which is hereby adopted, shall remain in full force and effect and are incorporated herein by the reference. 9. Housing and Redevelopment Commission Resolution No. 306, which is hereby adopted, is not modified by this resolution and shall remain in full force and effect and its terms and conditions are incorporated herein by this reference. 10. A notice of issuance of this permit or the actual permit, as appropriate, shall be recorded in the office of the County Recorder of the County of San Diego to ensure that subsequent owners or encumbrancers are aware of the terms and conditions of this permit which shall run with the land and be binding on such persons or entities. B. This action is final on the date this resolution is adopted by the Housing and Redevelopment Commission. The provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: 1 2 3 4 5 6 7 8 9 10 11 12 “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad, Village Drive, Carlsbad, California 92008.” 13 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 14 Housing and Redevelopment Commission of the City of Carlsbad on the day 2 nd 15 16 17 of March 1999, by the following vote, to wit: AYES: Commissioners Lewis, Nygaard, Finnila & Kulchin 18 /I NOES: None 19 20 21 22 23 24 25 26 27 ATTEST: 28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 305 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 97-03) INCLUDING VARIANCES FOR A REAR SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE AND AN OFF-SITE LOADING/UNLOADING AREA FOR THE JOIN HANDS YOUTH FACILITY PROJECT ON PROPERTY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET, BETWEEN PINE AND WALNUT, IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY APN: 204-081-08,09,10 CASE NO: RP 97-03 WHEREAS, Join Hands Save-A-Life, a California Non-Profit Corporation, “Developer”, has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Join Hands Save-A-Life, a California Non-Profit Corporation, “Owner”, described as Lots 27, 28 , and 29 in Block 31, in the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the Property); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit and variances for a rear setback which exceeds the maximum of the standard range and an off-site loading/unloading area for participants, as shown on Exhibits A-C, dated January 5, 1999 on file in the Housing and Redevelopment Department, “Join Hands Project RP 97-03” as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, on November 24,1997, January 26, 1998 and February 23, 1998, the Carlsbad Design Review Board held duly noticed public hearings to consider a Major Redevelopment Permit (RP 97-03), including signage, for construction of a new 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 3 b 5 Page 2 youth facility on property located on the west side of Roosevelt Street, between Pine and Walnut, and adopted Design Review Board Resolution No. 260 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 97-03) be approved with requested variances; and WHEREAS, on April 7, 1998 and’May 12, 1998 the Housing and Redevelopment Commission held public hearings to consider Major Redevelopment Permit RP 97-03 for the proposed Join Hands Youth Facility; and, WHEREAS, as a result of Housing and Redevelopment Commission review of Major Redevelopment Permit 97-03, the developer was required to redesign the project to reduce the number of variances required for the project; and, WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution held an additional duly noticed public hearing to consider the project redesign proposed by the developer for Major Redevelopment Permit RP 97-03 and to consider the recommendations and heard all persons interested in or opposed to Major Redevelopment Permit (RP 97-03); and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued for the subject project by the Planning Department on September 19, 1997 and recommended for approval by Design Review Board Resolution No. 259 on January 26, 1998 and February 23,1998. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -30s HRC Resolution No. Page 3 B) That based on the evidence presented at the public hearing, the Housing and Redevelopment Commission hereby APPROVES a Major Redevelopment Permit for the Join Hands Save-A-Life Youth Facility Project, RP 97-03, including variances for the rear setback which exceeds the maximum range and for an off-site loading/unloading area for participants, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Housing and Redevelopment Commission concurs with the Design Review Board’s recommendation for approval of a Negative Declaration for the subject project and the Commission has determined that the project will have no significant environmental impact. The redesign of the subject project reduced the scope of the project and no new environmental impacts have been identified. Therefore, no additional environmental analysis is required. The Commission has approved the Negative Declaration issued for the project on September 19, 1997. 2. The Project qualifies as a Major Redevelopment Permit with requests for variances under Chapter 21.35 of the Carlsbad Municipal Code because the project involves new construction of a building , or addition to an existing building, with a building permit valuation which exceeds ~$150,000. 3. The Project is not located within the Coastal Zone. Therefore, no Coastal Permit is required. 4. The Project is determined to be consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth with the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with approval of the following required findings to allow for variances for the rear setback that exceeds the standard range and the off-site loading/unloading area for participants: a) The application of certain provisions of the Village Master Plan and Design Manual and the Carlsbad Municipal Code will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan. A need has been publicly expressed for additional youth activities within the community which will provide a diversion to gang activities and other activities which may have an adverse impact on the community. The requested variances are necessary in order for the developer to construct a youth facility which is appropriate for the type of programs to be offered to youths within the neighborhood. The rear setback which exceeds the standard range is necessary to accommodate the 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 3 OS Page 4 parking required at the rear of the property. This is desired and encouraged by the Village Master Plan for projects located on Roosevelt Street. Without the variance, the project would not be able to provide the required parking at the rear of the project. As related to the off-site loading/unloading area, the Commission finds that the off- site location will not impede vehicular traffic or create conflicts with pedestrians. In addition, the proposed project is located mid-block in an area where vehicle speeds are lower and the street is wide enough to accommodate the off-site loading/unloading area. b) There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standard, restrictions, controls. The proposed project represents a unique use with unique circumstances. Because the project provides for a facility which is not typical in terms of other commercial buildings in the area, there are certain facility design requirements such as the rear setback and on-site loading/unloading area which present a conflict for the developer in terms of the programs to be offered within the subject facility. It is desired that the parking be provided at the rear of the site to prevent conflicts with pedestrians in the area. Without the required rear setback variance, the developer could not provide the parking at the rear of the site. Because of the nature of the programs to be offered by the developer, there are also exceptional circumstances which result in less need for an on-site loading/unloading area. The participants will arrive at differing times throughout the afternoon and evening, which is much different than an elementary school where students are arriving basically at the same time in the morning and leaving at the same time in the afternoon and creating a much more significant potential for traffic conflicts. A majority of the participants in the Join Hands programs will be arriving as pedestrians or bicycle riders. The Commission finds that the exceptional circumstances due to the type of programs provided by the developer justify a variance from the subject development standards. c) The granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. The rear setback which exceeds the standard range will not be detrimental because it allows the parking to be located to the rear of the site, which will actually eliminate conflicts with pedestrians using Roosevelt Street. There is very little pedestrian activity on Tyler Street, which is located to the rear of the property. The off-site loading and unloading area will have no detrimental impact on surrounding properties due to the already existing mixed use nature of the land uses within the area. Employees of surrounding businesses will generally arrive at work prior to the opening of the youth facility and will leave the businesses prior to the 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 305 Page 5 highest anticipated usage period for the youth facility. The youth facility use hours are at off-peak hours in terms of commercial compatibility and will provide for closure at an hour which should have minimal impact on the neighboring residential. d) The granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual because those standards were intended to be somewhat flexible in order to encourage diversity and variety. The granting of the subject variances will not contradict the standards set forth in the Village Master Plan and Design Manual because the project has been designed in a manner consistent with the pedestrian orientation which is desired for the area and set forth as an objective of the Village Master Plan and Design Manual. There is adequate area to the rear of the proposed building (within the public right-of-way, off of Tyler Street at the sidewalk curb) to allow for participants to be dropped off and picked up safely without having a detrimental impact on traffic flow within the area. These conditions are all consistent with the standards set forth in the Village Master Plan and Design Manual. e) The project is in a location where adjacent buildings are setback further than the permitted standard (range), adjacent buildings are likely to remain, and setting the structure back to the desired standard will maintain and reinforce the Village character of the area. The subject property is in a location which has varying setbacks. To the north, the residential units have varying setbacks. To the south, the commercial property is setback in the rear by nearly 77 feet. It is expected that these buildings will remain for many more years. The larger rear setback allows for a private outdoor patio and a rear parking lot, which are both desirable features of the project. f) The project is in a location which is in a transition area to residential development and where increased setbacks would soften the visual transition between commercial and residential development or would protect the livability of the residential development. The project is located in a very mixed use area with a gradual transition into residential. The proposed project serves as a “bridge” between the uses in terms of the mixed setbacks. The increased setback in the rear will help to create an appropriate transition from the residential to the north to the commercial property to the south. 5. The Project has been determined to be consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth with the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with approval of the findings noted above to grant the requested variances. The following required findings will allow for the reduced front and side yard setbacks, to six (6) feet and the minimum of five (5) feet (of the acceptable range), respectively: HRC Resolution No. 305 Page 6 a) The reduced standard will not have an adverse impact on surrounding properties. The project is located in an area which has a mix of uses, both commercial and residential. The commercial property to the south has a similar (5 feet) front setback. The residential property to the north is setback approximately 15 feet from the property line. The reduced front setback will have no adverse impact on the residential property to the north or the commercial property to the south. This setback allows for more pedestrian interaction which is desired for both this facility and the area in general. The commercial property to the south has no side yard setback on the side of the property which is adjacent to the subject property. Any new building on the adjacent sites, however, will have the same minimum side yard setback requirement (5 feet). b) The reduced standard will assist in developing a project which meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is to be located. The reduced standard is necessary in order to allow the developer to construct a building which can provide needed services to the youths of the area. It allows for a more visually appealing design and assists in the effort to create a facility which is an appropriate size to accommodate the desired activities. c) The reduced standard will assist in creating a project which is interesting and visually appealing and reinforces the Village character of the area. The project design is consistent with the guidelines for the Village. The reduced setbacks provide for appropriate articulation in the building which assists in the effort to make the building visually interesting and more appealing. 6. The Housing and Redevelopment Commission finds that the applicable parking requirement for the proposed project shall be the same as that applied to elementary schools, as set forth within Chapter 21.44 of the Carlsbad Municipal Code. The project shall provide for a total of three parking spaces which meets the applicable standard for elementary schools under the representation of the developer that only two (2) employees will be employed at the facility. The required loading and unloading area shall be provided at the curb off of Tyler Street, to the rear of the subject project. The Commission has determined that the loading and unloading area to be provided off of Tyler Street at the sidewalk curb is acceptable and meets the intent of the applicable parking standard. The applicable findings, as noted above, have been made in order to grant a variance to allow the loading/unloading area to be provided off-site. 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. ‘(0 5 Page 7 GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS: 7. The Housing and Redevelopment Commission finds that the project, as conditioned herein is in conformance with the Elements of the City’s General Plan, based on the following: a) That the General Plan identifies the “Village” and references the Village Master Plan and Design Manual as the appropriate land use plan for the area. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Master Plan and Design Manual, effective as of January 12, 1996, with approval of the requested variances, because it will provide for a land use (youth facility) which supports the residential units within Land Use District 5 of the Village Redevelopment Area. b) That the existing streets can accommodate the estimated ADTs and all required public right-of-way has been dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. c) The proposed project will not have an adverse impact on any open space within the surrounding area. The project is being developed on a vacant lot which has appropriate zoning for a youth facility. The project is also consistent with the Open Space requirements for new development within the Village Redevelopment Area. d) The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. e) The proposed project has been exempted from paying public facilities fees because the developer is a non-profit organization. 8. The project is consistent with the City-wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 905 Page 8 project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. 9. The project has been conditioned to pay any new construction tax, or development fees, and has agreed to abide by any additional requirements established by the Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code, which are applicable to the project. This will ensure continued availability of public facilities. IO. This project has been conditioned to comply with any applicable requirement approved as part of the Local Facilities Management Plan for Zone 1. Il. The project is conditioned to comply and remain consistent with the City’s Landscape Manual, adopted by City Council Resolution No.90-384. 12. The Housing and Redevelopment Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. GENERAL AND PLANNING CONDITIONS: 13. Staff is authorized and directed to make, or require Developer to make, all necessary corrections and modifications to the Exhibits and/or other documents to make them internally consistent and in conformity with final action on the project. Developer shall develop the property substantially as shown on the approved Exhibits for the project. 14. The Developer shall provide the Agency with a reproducible 24” X 36”, mylar copy of the Site Plan for the project as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the Agency. The plan copy shall be submitted to the Planning Director and approved prior to building or grading permit approval, whichever occurs first. 15. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution on a 24” X 36” blueline drawing. 16. Building permits will not be issued for development of the subject property unless the District Engineer determines that water and sewer facilities are available at the time of application for such water and sewer permits and will continue to be available until time of occupancy. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 3a5 Page 9 17. Prior to the issuance of the Redevelopment Permit, Developer shall submit to the Agency a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad’s Redevelopment Agency has issued a Redevelopment Permit by Design Review Board Resolution No. 260 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director or the Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the developer or successor in interest. 18. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director or the Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director or Housing and Redevelopment Director. . 19. An exterior lighting plan including parking areas shall be submitted for Planning Director or Housing and Redevelopment Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Planning Director or Housing and Redevelopment Director. 21. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director or Housing and Redevelopment Director prior to the approval of the grading or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving conditions, free from weeds, trash and debris. 22. The first submittal of detailed landscaping and irrigation plans shall be accompanied by the project’s building, improvement and grading plans. 23. Building identification and/or addresses shall be placed on all new buildings so as to be plainly visible from the street; color of identification and/or addresses shall contrast to their background color. 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 3 05 Page 10 24. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. 25. The Developer shall construct a six foot (6’) masonry block wall on the north side of the common property line. The height of the solid block wall shall drop to forty-two inches (42”) ten feet (10’) from the east and west property line for pedestrian visibility purposes. 26. The hours of operation for the subject facility shall be 3pm to IOpm, Monday through Friday, and 8am to IOpm on Saturday. No youths may remain in, or around, the facility after the noted hours of operation. 27. The developer shall ensure that full-time adult supervision is provided at all times during the hours of operation noted above. 28. The developer shall provide for the installation of permanent bicycle racks as noted on the preliminary lighting plan submitted by the developer and dated January 26,1998. 29. The developer shall be allowed to construct the building with interior improvements to provide for only one floor under this permit. This restriction shall allow for a maximum of 6175 square feet of building space. The developer shall be required to submit a separate application for an amendment to this permit, or a new redevelopment permit, at a later date if a decision is made to expand the interior space to a second floor, adding a maximum of 2925 square feet of building space to the existing facility. The developer shall not be allowed to expand without prior approval of the Housing and Redevelopment Commission. 30. The developer shall not be allowed to conduct any type of special event, including dances, fund raising activities and/or other activities, at the subject facility. The facility shall be used for regular and routine activities designed for low income youths and teens only as set forth in the permit application. The facility shall not be used at any time for adult activities, or activities which will bring large numbers of adults to the site. The facility shall not be leased for any private, non- organization activity at any time. ENGINEERING CONDITIONS: 31. The developer shall pay all current fees and deposits required. 32. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. HRC Resolution No. 30s Page 11 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 33. Prior to issuance of any building permit, the developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 34. Prior to issuance of building permit(s), the developer shall file and receive approval of a boundary adjustment application with the City to merge the three existing lots so that the project site is situated on one lot. 35. Prior to issuance of building permit(s), the developer shall obtain a City right-of-way permit to install driveway aprons in the public right-of- way on Tyler Street. II WATER, SEWER AND FIRE CONDITIONS 36. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. 37. The Developer shall be responsible for.all fees, deposits, and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installations. 38. Sequentially, the Developer’s Engineer shall do the following: a) Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. b) Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e., GPM - EDU). 39. This project is approved under the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the project plans. 40. If any of the foregoing conditions fails to occur; or, if they are, by their terms, to be implemented and maintained over time; if any such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. J 0s Page 12 approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the Agency’s approval of this Resolution. ! STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 41. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 42. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval. 43. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 44. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 45. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 46. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Director. 47. The project shall comply with recycling collection area requirements pursuant to Section 21.105.060. The recycling area shall be noted on the final plans submitted for applicable building permits for the project. 48. This action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO DEVELOPER” “This time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after 1 : : L f f i I I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - HRC Resolution No. 3 0 5 Page 13 the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008.” PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 2 nd day of March , 1999 by the following vote to wit: AYES: Commission Members Lewis, Nygaard, Finnila, & Kulchin NOES: None ABSENT: Commission Membe ABSTAIN: None 2D 1 2 3 4 5 , 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTlON NO. 306 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A MAJOR REDEVELOPMENT PERMIT FOR THE JOIN HANDS YOUTH FACILITY, WITH VARIANCES FOR THE REAR SETBACK WHICH EXCEEDS THE STANDARD RANGE AND AN OFF-SITE LOADING/UNLOADING AREA FOR PARTICIPANTS, ON PROPERTY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET BETWEEN PINE AND WALNUT IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY APN: 204-081-08,09,10 CASE NO: RP 97-03 WHEREAS, Join Hands Save-A-Life, a California Non-Profit Corporation, “Developer”, has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Join Hands Save-A-Life, a California Non-Profit Corporation, “Owner”, described as Lots 27, 28, and 29 in Block 31, in the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the property); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit and variances for the rear setback which exceeds the standard range and an off-site loading and unloading area for participants, as shown on Exhibits A-C, dated January 5, 1999 on file in the Housing and Redevelopment Department, “Join Hands Project RP 97-03” as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Housing and Redevelopment Commission did on the date of this resolution hold a duly noticed public hearing as prescribed by law to consider said request for a Negative Declaration; and, I 2 3 4 5 6 7 8 9 IO 11 I2 13 I4 I5 I6 I7 18 19 20 21 22 23 24 25 26 27 28 66 HRC Resolution No. --/ - WHEREAS, at said public hearing and upon considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Housing and Redevelopment Commission considered all factors relating to the Negative Declaration on RP 97-03. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission, as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Housing and Redevelopment Commission hereby APPROVES the Negative Declaration according to the one page notice and the EIA Part II Form attached hereto and made a part hereof, based on the following findings: FINDINGS: 1. The Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered Negative Declaration (RP 97-03), the environmental impacts therein identified for this project and any comments thereon prior to approving the project. Based on the EIA Part-i1 and comments thereon, the Housing and Redevelopment Commission finds that there is no substantial evidence the project will have a significant effect on the environment and thereby approves the Negative Declaration. . . . . . . . . . . . . . . . . . . . . . . . . 1 2 3 4 5 I 6 7 8 9 10 11 I2 13 I4 15 I6 I7 I8 19 20 21 22 23 24 25 26 27 28 -06 HRC Resolution No. - 2. The Housing and Redevelopment Commission finds that the Negative Declaration (RP 97-03) reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 2 nd day of March , 1999 by the following vote to wit: AYES: Commissioners Lewis, Nygaard, Finnila & Kulchin NOES: None ABSENT: Commissioner ABSTAIN: None NEGATIVE DECLARATION Project Address/Location: A through lot between Tyler Street and Roosevelt Street north of Walnut Street in the City of Carlsbad. Project Description: A 9,974 square foot recreation center with associated offices. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Christer Westman in the Planning Department at (760) 43 8- 116 1, extension 4448. DATED: SEPTEMBER 19,1997 CASE NO: RP 97-03 CASEY NAME: JOIN HANDS PUBLISH DATE: SEPTEMBER 19, 1997 2075 Las Palmas Dr. l Carlsbad, CA 92009-l 576 - (619) 438-11610 FAX (619) 438-0894 -. .- , ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: RP 97-03 DATE: SEPTEMBER 15, 1997 BACKGROUND 1. CASE NAME: JOIN HANDS SAVE A LIFE 2. APPLICANT: FRANK SORiNO 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 3528 Madison Street. Carlsbad, California 92008 4. DATE EIA FORM PART I SUBMITTED: Mav 30, 1997 5. PROJECT DESCRIPTION: A 9,974 square foot recreation building which principal space is a basketball court on an existing infill lot within the Citv of Carlsbad redevelopment area. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning q Transportation/Circulation q Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems q Geological Problems q Energy & Mineral Resources 0 Aesthetics cl Water @ Air Quality El Hazards cl Cultural Resources cl Noise cl Recreation q Mandatory Findings of Significance Rev. 03128196 DETERMINATION. (To be completed by the Lead Agency) El 0 cl 0 cl 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 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 significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An 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 Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Rev. 03/28/96 ENVIRONMENTAL IMt-ACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. 0 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. 0 “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “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. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. a Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but g potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03125/96 4 0 If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case. the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations ” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03125196 28 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) b) c> 4 e> Conflict with general plan designation or zoning? (Source #(s): (General Plan Master EIR 93-01) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (General Plan Master EIR 93-01) Be incompatible with existing land use in the vicinity? (General Plan Master EIR 93-01) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (General Plan Master EIR 93-01) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (General Plan Master EIR 93- 01) II. POPULATION AND HOUSING. Would the proposal: Cumulatively exceed official regional or local population projections? (General Plan Master EIR 93- 01) b) c> Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (General Plan Master EIR 93-O 1) Displace existing housing, ‘especially affordable housing? (General Plan Master EIR 93-O I) III. GEOLOGIC PROBLEMS. Would the proposal result in or a> b) c> d> e> 0 s> h) 9 expose people to potential impacts involving: Fault rupture? (General Plan Master EIR 93-O 1) Seismic ground shaking? (General Plan Master EIR 93- 01) Seismic ground failure, including liquefaction? (General Plan Master EIR 93-O 1) Seiche, tsunami, or volcanic hazard? (General Plan Master EIR 93-O I) Landslides or mudflows? (General Pian Master EIR 93- 01) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (General Plan Master EIR 93-O 1) Subsidence of the land? (General Plan Master EIR 93- 01) Expansive soils? (General Plan Master EIR 93-O 1) Unique geologic or physical features? (General Plan Master EIR 93-01) Potentially Significant Impact cl 0 0 cl cl Cl cl cl cl cl 0 q cl cl 0 El cl Potentially Significant Unless Mitigation Incorporated cl -cl 0 cl cl 0 0 cl cl Cl cl cl q Cl cl cl q Less Than Significan t Impact cl cl cl cl cl 0 cl cl No Impact cl El cl El cl lx 0 El cl lx q Ix1 cl Ix1 cl ix] cl IXI Rev. 03/2X/96 Issues (and Supporting Informh..on Sources). IV. WATER. Would the proposal result in: 4 b) c> 4 4 9 g) h) i) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (General Plan Master EIR 93-O 1) Exposure of people or property to water related hazards such as flooding? (General Plan Master EIR 93-O I) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (General Plan Master EIR 93-O I) Changes in the amount of surface water in any water body? (General Plan Master EIR 93-01) Changes in currents, or the course or direction of water movements? (General Plan Master EIR 93-01) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Genera1 Plan Master EIR 93-01) Altered direction or rate of flow of groundwater? (General Plan Master EIR 93-O 1) Impacts to groundwater quality? (General Plan Master EIR 93-O 1) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (General Plan Master EIR 93-01) V. AIR QUALITY. Would the proposal: b) c> 4 Violate any air quality standard or contribute to an existing or projected air quality violation? (General Plan Master EIR 93-O 1) Expose sensitive receptors to pollutants? (General Plan Master EIR 93-O 1) Alter air movement, moisture, or temperature, or cause any change in climate? (Genera1 Plan Master EIR 93- 01) Create objectionable odors? (General Plan Master EIR 93-01) VI. TRANSPORTATION/CIRCULATION. Would the c> d) e) proposal result in: Increased vehicle trips or traffic congestion? (General Plan Master EIR 93-01) Hazards to safety from design features (e.g. sharp curves or dangerous. intersections) or incompatible uses (e.g. farm equipment)? (Genera1 Plan Master EIR 93- 01) Inadequate emergency access or access to nearby uses? (General Plan Master EIR 93-O 1) Insufficient parking capacity on-site or off-site? (General Plan Master EIR 93-O 1) Hazards or barriers for pedestrians or bicyclists? (General Plan Master EIR 93-01) Potentially Significant Impact cl cl cl cl •I cl cl 0 0 1xI cl Cl q Ix] cl cl cl q - ,‘.‘^ i Potentially Significant Unless Mitigation Incorporated Cl Cl 0 Cl Cl q cl cl 0 cl cl cl cl Cl cl cl cl cl Less Than Significan t Impact No Impact cl Ix1 cl (XI cl Ix1 q cl 0 cl 0 cl cl cl cl 0 Ix1 ‘xl El cl lx lx El El 6 Rev. 03128196 30 - I’.-- Issues (and Supporting Informirrion Sources). Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (General Plan Master EIR 93-O 1) Rail, waterborne or air traffic impacts? (General Plan Master EIR 93-O 1) VII. BIOLOGICAL RESOURCES. Would the proposal result a) b) cl 4 e) VIII. 4 b) 4 in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (General Plan Master EIR 93-01) Locally designated species (e.g. heritage trees)? (General Plan Master EIR 93-01) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (General Plan Master EIR 93-01) Wetland habitat (e.g. marsh, riparian and vernal pool)? (General Plan Master EIR 93-01) Wildlife dispersal or migration corridors? (General Plan Master EIR 93-O 1) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (General Plan Master EIR 93-01) Use non-renewable resources in a wasteful and inefficient manner’? (General Plan Master EIR 93-01) 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? (General Plan Master EIR 93-01) IX. HAZARDS. Would the proposal involve: b) cl 4 e> A risk or’accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (General Plan Master EIR 93- 01) Possible interference with an emergency response plan or emergency evacuation plan? (General Plan Master EIR 93-01) The creation of any health hazard or potential health hazards? (General Plan Master EIR 93-O 1) Exposure of people to existing sources of potential health hazards? (General Plan Master EIR 93-01) Increase fire hazard in areas with flammable brush, grass, or trees? (General Plan Master EIR 93-01) Potentially Significant Impact cl cl cl q cl cl 0 a q cl 0 cl cl cl cl Potentially Less Than No Significant Significnn Impact Unless t Impact Mitigation Incorporated u cl Ix1 cl 0 El cl 0 cl cl 0 cl cl cl q El cl El cl El q [XI cl Ix1 0 El cl El q El 0 Cl lxl cl cl (x1 Cl q El cl Cl El cl Cl El 7 Rev. 03/28/96 - i Issues (and Supporting lnforma~~oh Sources). X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (General Plan Master EIR 93-O 1) b) Exposure of people to severe noise levels? (General Plan Master EIR 93-O 1) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (General Plan Master EIR 93-01) b) Police protection? (General Plan Master EIR 93-01) c) Schools? (General Plan Master EIR 93-01) d) Maintenance of public facilities, including roads? (General Plan Master EIR 93-01) e) Other governmental services? (General Plan Master EIR 93-O 1) XII. UTILITIES AND SERVICES SYSTEMS. Would the a) b) cl d) 4 0 8) XIII. a> b) c> XIV. a> b) c> proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (General Plan Master EIR 93-O 1) Communications systems? (General Plan Master EIR 93-01) Local or regional water treatment or distribution facilities? (General Plan Master EIR 93-O 1) Sewer or septic tanks? (General Plan Master EIR 93- 01) Storm water drainage? (General Plan Master EIR 93- 01) Solid waste disposal? (General Plan Master EIR 93-O I) Local or regional water supplies? (General Plan Master EIR 93-O 1) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (General Plan Master EIR 93-01) Have a demonstrate negative aesthetic effect? (General Plan Master EIR 93-O 1) Create light or glare? (General Plan Master EIR 93-01) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (General Plan Master EIR 93-O 1) Disturb archaeological resources? (General Plan Master EIR 93-01) Affect historical resources? (General Plan Master EIR 93-01) Potentially Significant Impact cl Cl cl cl cl cl 0 cl q cl Cl cl cl 0 q Cl cl Cl 0 q Potentially Less Than No Significant Significan Impact Unless t Impact Mitigation Incorporated 0 0 [XI 0 0 El cl cl 0 a q cl cl cl Cl cl cl cl •J cl cl cl 0 Cl cl lzl Cl El cl El cl lxl cl ix) cl El Cl Ix1 cl IXI cl Ix1 0 El cl (XI cl ‘El El El q El Cl Ix1 cl El cl Ix1 cl El 8 Rev. 03128196 Issues (and Supporting Information Sources). d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (General Plan Master EIR 93-01) e) Restrict existing religious or sacred uses within the potential impact area? (General Plan Master EIR 93- 01) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (General Plan Master EIR 93-O 1) b) Affect existing recreational opportunities? (General Plan Master EIR 93-O 1) XVI. MANDATORY FINDINGS OFSIGNIFICANCE. 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? C’Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly?, XVII. EARLIER ANALYSES. Potentially Significant Impact cl cl cl Cl Cl Cl Cl Potentially Significant Unless Mitigation Incorporated 0 Cl q 0 0 cl Less Than Significan t Impact cl cl cl cl cl No Impact lxl (x1 El Ix1 Ia Cl El Cl q El 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)@ 9 Rev. 03128196 - - - ,\-. ! , DISCUSSION OF ENVIRONMENTAL EVALUATION GENERAL: The project is the construction of a single building less than 10,000 square feet. The site is zoned for commercial development and is vacant. Development of the site will not require significant modification to the land. There are no natural or historical significant resources onsite, therefore there will be no significant impacts due to development of the property. The development will not create significant impacts. There will not be a significant increase in traffic from the .use in that most users will not be of driving age. Noise will be contained within the structure, no hazardous materials will be used or stored onsite, the project will be constructed according to the requirements of a redevelopment permit which included review of the building for aesthetic compatibility in the existing neighborhood. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. 10 Rev. 03/28/96 CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. 11 Rev. 03/28/96 35 March 5,1999 Join Hands - Save a Life Mr. Frank Sorino 3528 Madison Street Carlsbad, CA 92008 1 RP W-3, jQ~,WU4t$RG$AVE A LtFE YOUTH FACt LTJ”y, I Enclosed for your reference are copies of Carlsbad Housing and Redevelopment Commission Agenda Bill No. 306, and Resolution Nos. 305, 306 and 307. These documents went before the Housing and Redevelopment Commission on March 2, 1999, when the Resolutions were adopted, approving your Major Redevelopment Permit No. 97-3. If you have any questions regarding your permit, please call the Housing and Redevelopment Department at 434-2811. Kathleen D. Shoup St-. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 a9