HomeMy WebLinkAbout2020-05-29; Windsor Pointe Affordable Housing Project Environmental Review Notice; |Barberio, Gary| Murphy, Jeff| de Cordova, David|To the members of the:
CITY COUNCIL
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Council Memorandum
May 29, 2020
To:
From:
Via:
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Deputy City Manager, Community Services
Jeff Murphy, Community Development Director
David de Cordova, Housing Services Ma~er
Geoff Patnoe, Assistant City Manager ~
{city of
Carlsbad
Memo ID# 2020108
Re: Windsor Pointe Affordable Housing Project -Environmental Review Notice
This memorandum provides information related to an environmental document that will be
released to the public involving federal funding proposed for the Windsor Point housing project.
This is a requirement of the Department of Housing and Urban Development for any project
proposing to use Community Development Block Grant funds.
Background
On Jan. 28, 2020, the City Council approved a request from Affirmed Housing for financial
assistance totaling $8,293,392 to acquire property and construct the SO-unit Windsor Pointe
affordable housing project on two sites at Oak Avenue and Harding Street. As directed by the City
· Council, the financial assistance will be drawn from the city's affordable housing trust funds
(Affordable Housing Trust Fund and Successor Agency Housing Trust Fund). Additionally, the City
Council authorized the use of CDBG funds to the extent they are available within the project
development timeline, with a corresponding reduction to affordable housing trust funds
assistance.
Discussion
The Windsor Pointe project was approved by the Planning Commission on Jan. 17, 2017. As an
affordable infill housing project, it was exempt from environmental review under the California
Environmental Quality Act (CEQA). No federal financial assistance was requested at that time.
However, with the City Council's recent authorization to contribute CDBG money to Windsor
Pointe, environmental analysis under the National Environmental Policy Act (NEPA) must be
completed before CDBG funds can be released to the project.
Housing Services staff retained Ascent Environmental to prepare an Environmental Assessment
(EA) that evaluates potential impacts the project may have on the environment. That evaluation
determined that the project will have no significant impact on the environment. Pursuant to
federal regulations (24 CFR Part 58), staff will issue a Notice of Finding of No Significant Impact I
Notice of Intent to Request a Release of Funds, a copy of which is attached to this memo. The
notice starts a 30-day review and comment period of the draft Environmental Assessment and
supporting documents, from June 1 through July 1, 2020. Notice will be published on the city's
website and in the San Diego Union Tribune, and notices will be sent to interested parties .
Honorable Mayor Hall and Members of the City Council
May 29, 2020
Page 2
including public and resource agencies, property owners within 600 feet of the proposed project,
and community members who have provided comment on the project. The environmental
documents will be posted on the city's website at:
http://www.carlsbadca.gov/services/depts/planning/agendas.asp
Upon request, staff will provide a copy of the environmental documents in another form to those
who do not have internet access. Until July 1, 2020, comments may be submitted by mail or
email to Housing Services staff as specified in the notice.
Next Steps
Comments received by the conclusion of the public review period will be considered by staff
prior to certifying the Environmental Assessment and submitting a request to the U.S.
Department of Housing and Urban Development (HUD) for release of CDBG funds. As a CDBG
entitlement grantee, the City of Carlsbad is responsible for carrying out NEPA requirements on
behalf of HUD. The Community Development Director is authorized as the Certifying Officer for
executing NEPA Environmental Assessment documents. Objections to the certification or release
of CDBG funds, if any, must be made directly to HUD as specified in the attached notice. No
action on the environmental record or the request to release funds is required of the City
Council.
Attachment: A. Notice of Finding of No Significant Impact/ Notice of Intent to Request a
Release of Funds
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Kristina Ray, Communication & Engagement Director
Mike Peterson, Assistant Community Development Director
June 1, 2020
Notice of Finding of No Significant Impact and
Notice of Intent to Request a Release of Funds
NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA, 92008
(760) 434-2935
Attachment A
These notices shall satisfy two separate but related procedural requirements for activities to be
undertaken by the City of Carlsbad, California.
REQUEST FOR RELEASE OF FUNDS
On or about July 2, 2020 the City of Carlsbad will submit a request to HUD for the release of
Community Development Block Grant (CDBG) funds under Title 1 of the Housing and
Community Development Act of 1974, to undertake a project known as Windsor Pointe for the
purpose of constructing 50 affordable multifamily housing units aimed at providing housing for
homeless and lower income veterans and their families, with an estimated cost of $33,147,916, in
the City of Carlsbad.
FINDING OF NO SIGNIFICANT IMP ACT
The City of Carlsbad has determined that the project will have no significant impact on the human
environment. Therefore, an Environmental Impact Statement under the National Environmental
Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the
Environmental Review Record (ERR). The ERR will be made available to the public for review
on the City of Carlsbad website at:
http://www.carlsbadca.gov/services/depts/planning/agendas.asp. If you do not have access to the
internet, you may contact Housing Services Manager David de Cordova at the phone number
below to request a copy of the ERR on a USB drive. The city has a limited number of physical
copies of the ERR that are available for persons who do not have access to a computer by
contacting Mr. de Cordova at the email or phone number below. Staff will arrange a time that the
physical copy will be provided to you for pick-up at the designated location outside the City of
Carlsbad Housing Services office, 1200 Carlsbad Village Drive, Carlsbad, California 92008.
Please submit your request to: david.decordova@carlsbadca.gov, or (760) 434-2935. The ERR
can be accessed online at: http://www.carlsbadca.gov/services/depts/planning/agendas.asp.
PUBLIC COMMENTS .
Any individual, group, or agency may submit written comments on the ERR by mail to the City of
Carlsbad Community Development Department, Housing Services Division, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008, or via email at david.decordova@carlsbadca.gov. All
comments received by July 1, 2020 will be considered by the City of Carlsbad prior to authorizing
submission of a request for release of funds. Comments should specify which Notice they are
addressing.
ENVIRONMENTAL CERTIFICATION
The City of Carlsbad certifies to HUD that Jeff Murphy in his capacity as Community
Development Director consents to accept the jurisdiction of the Federal Courts if an action is
brought to enforce responsibilities in relation to the environmental review process and that these
responsibilities have been satisfied. HUD's approval of the certification satisfies its
responsibilities under NEPA and related laws and authorities and allows the City of Carlsbad to
use Program funds. ·
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and the City of Carlsbad's certification for a
period of fifteen days following the anticipated submission date or its actual receipt of the request
(whichever is later) only if they are on one of the following bases: (a) the certification was not
executed by the Certifying Officer of the City of Carlsbad; (b) the City of Carlsbad has omitted a ·
step or failed to make a decision or finding required by HUD regulations at 24 CFR part 5 8; ( c)
the grant recipient or other participants in the development process have committed funds,
incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a
release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has
submitted a written finding that the project is unsatisfactory from the standpoint of environmental
quality. Objections must be prepared and submitted via email in accordance with the required
procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to the HUD CPD Los Angeles
Field Office at CPDLA@hud.gov. Potential objectors should contact the HUD CPD Los Angeles
Field Office via email at CPDLA@hud.gov to verify the actual last day of the objection period.
Jeff Murphy, Community Development Director
City of Carlsbad
Certifying Officer