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HomeMy WebLinkAbout2003-06-03; City Council; Resolution 2003-1411 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 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND ADDENDUM FOR A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO AMEND TITLE 21 OF THE MUNICPAL CODE BY REPEALING THE REGULATIONS FOR SENIOR CITIZEN HOUSING IN SECTION 21.18.045; ADDING CHAPTER 21.84 TO PROVIDE REGULATIONS FOR HOUSING FOR SENIOR CITIZENS THAT ARE CONSTRUED IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTIONS 51.2, 51.3 AND 51.4, THE FEDERAL FAIR HOUSING ACT, AND THE FEDERAL CODE OF REGULATIONS TITLE 24 SECTIONS 100.300 TO 100.308; AMENDING VARIOUS SECTIONS OF TITLE 21 OF THE MUNICIPAL CODE TO REFERENCE CHAPTER 21.84; AMENDING THE PLANNED DEVELOPMENTS REGULATIONS IN CHAPTER 21.45 TO SPEClFlY WHAT REGULATIONS ARE OR ARE NOT APPLICABLE TO HOUSING FOR SENIOR CITIZENS; AMENDING SECTION 21.44.020(a)(9) OF THE PARKING REGULATIONS TO INCREASE THE PARKING REQUIREMENT FOR HOUSING FOR SENIOR CITIZENS; AND AMENDING OTHER VARIOUS REGULATIONS RELATING TO HOUSING FOR SENIOR CITIZENS FOR CLARIFICATIONS AND CONSISTENCY. CASE NAME: HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT CASE NO.: ZCA 02-04 / LCPA 02-08 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 16, 2003, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Zone Code Amendment and Local Coastal Program Amendment, and recommended their approval; and WHEREAS, the City Council of the City of Carlsbad, on the 3rd day of JUNE , 2003, held a duly noticed public hearing to consider said Negative Declaration, Zone Code Amendment and Local Coastal Program Amendment, and at that time received recommendations, objections, protests, comments from all persons interested in or opposed to ZCA 02-04 and LCPA 02-08; NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 3 1. That the above recitations are true and correct. 1 t I ( 1( 11 1; 1: 1L 1: 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the Negative Declaration and Addendum are adopted as shown on Exhibit “ND” and Exhibit “NDA, attached hereto and made a part hereof, based information presented at the public hearing and contained in Exhibit “PII”, attached to Planning Commission Resolution No. 5380 on file with the City Clerk and incorporated herein by reference. 3. That the findings of the Planning Commission, as specified in Planning Commission Resolution No. 5380, are incorporated herein by reference and are the finings of the City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 3rd day Of JUNE 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None A ATTEST: (SEAL) .esolution No. 2003-141 -2- 4 NEGATIVE DECLARATION CASE NAME: PROJECT LOCATION: CITYWIDE HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT CASE NO: ZCA 02-04 I LCPA 02-08 PROJECT DESCRIPTION: An amendment to the City of Carlsbad Zoning Ordinance and Local Coastal Program to amend the housing for senior citizens regulations as follows: The State requirements relating to housing for senior citizens were amended pursuant to SB No. 201 1. In order to reflect the revisions in State law, and to be consistent with Federal law, the City is proposing an amendment to the senior citizen housing regulations located in Zoning Ordinance Section 21.18.045. In addition, the senior citizen housing regulations are proposed to be relocated from Zoning Ordinance Section 21.18.045 to a new chapter in the Zoning Ordinance, which will be dedicated solely to housing for senior citizens development regulations. Also, various sections of the Zoning Ordinance will be amended to reference the new chapter number. -Chapter 21.45 (Planned Developments) of the Zoning Ordinance is also proposed to be amended to clarify which planned development standards are applicable to housing for senior citizens. The parking requirements for housing for senior citizens are also proposed to be amended to require 1 resident parlung space for every unit (currently 1 space for every 2 units), and 1 visitor parking space for every 5 units (currently 1 space total). 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 (EL4 Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: The proposed project COULD NOT have a significant effect on the environment. 0 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 the effects that remained to be addressed). 0 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, nothmg Mer is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: ATTEST: MICHAEL J. HOLZMILLER Planning Director P 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ADDENDUM TO THE NEGATIVE DECLARATION FOR THE HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT ZCA 02-04 / LCPA 02-08 This Addendum to the project Negative Declaration is to modify the project description. On April 16, 2003, the Planning Commission voted to recommend increasing the senior citizen housing parking standard to 1.5 spaces per unit, rather than 1 space per unit as recommended by staff. The modification to the project description is insignificant and does not create any new significant environmental effect that was not previously identified. The modified project description is as follows: PROJECT DESCRIPTION: An amendment to the City of Carlsbad Zoning Ordinance and Local Coastal Program to amend the senior citizen housing regulations as follows: The State requirements for senior citizen housing were amended pursuant to SB No. 201 1. In order to reflect the revisions in State law, the City is proposing an amendment to the senior citizen housing regulations located in Zoning Ordinance Section 21.18.045. In addition, the senior citizen housing regulations are proposed to be relocated from Zoning Ordinance Section 21.18.045 to a new chapter in the Zoning Ordinance, which will be dedicated solely to senior citizen housing development regulations. Also, various sections of the Zoning Ordinance will be amended to reference the new chapter number. Chapter 21.45 (Planned Developments) of the Zoning Ordinance is also proposed to be amended to clarify which planned development standards are applicable to senior citizen housing. The parking requirements for senior citizen housing are also proposed to be amended to require 4-g resident parking space2 for every unit (currently 1 space for every 2 units), and 1 visitor parking space for every 5 units (currently 1 space total). 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 4