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HomeMy WebLinkAbout1991-08-07; Planning Commission; Resolution 3283*. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ' PLANNING COMMISSION RESOLUTION NO. 3283 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTER 21.18 - RESIDENTIAL-PROFESSIONAL ZONE SECTION 21.18.040; CHAPTER21.42 -CONDITIONAL USES, SECTION 21.42.010, TO ALLOW PROFESSIONAL CARE FACILITIES IN THE RP ZONE WITH A CONDITIONAL USE PERMIT; AND CHAPTER 21.44 - PARKING, BY ADDING A NEW PARKING STANDARD OF .45 PARKING SPACES PER EVERY BED IN A PROFESSIONAL CARE FACILITY. CASE NAME: PROFESSIONAL CARE FACILITIES CASE NO: ZCA 91-2 WHEREAS, the Planning Commission did on the 7th day of August, 1991, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information 15 submitted by staff, and considering any written comments received, the Planning 16 17 Commission considered all factors relating to the Negative Declaration. 18 19 21 20 B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according hereto and made a part hereof, based on the following findings: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 22 to Exhibit "ND", dated June 27, 1991, and "PII", dated June 12, 1991, attached 23 24 /I Findings: 25 26 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. 2711 "'" 28 0 e 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of August, 1991, by the following vote, to wit: AYES: Vice-chairman Erwin, Commissioners: Schlehuber, Schramm, Savary, Noble & Hall. NOES: None. ABSENT: Chairman Holmes. ABSTAIN: None. ATTEST: LL TOM ERWIN, Vice-chairman CARLSBAD PLANNING COMMISSION MICHAEL J. HMMILMR - PLANNING DIRECTOR PC RES0 NO. 3283 -2- NEGATNE DECLARATION PROJECT ADDRESS/LOCATION: City of Carlsbad PROJECT DESCRIPTION: Zone Code Amendment to Title 21 of the Carlsbad Municipal Code to allow professional care facilities with a Conditional Use Permit in the Residential-Professional Zone, and to establish parking standards for this type facility. 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 30 days of date of issuance. If you have any questions, please call Jeff Gibson in the Planning Department at 438-1161, extension 4455. /- DATED: JUNE 27, 1991 CASE NO: ZCA 91-2 k$'/,h; K. - 1. :(, - i / d. - .I\ v a. J'J- J: HOLZMLE ER Plannirijg Director APPLICANT: WILLLAM N. HOFFMAN PUBLISH DATE: JUNE 27, 1991 JG : rvo 2075 Las Palmas Drive * Carlsbad, California 92009-4859 - (61 9) 438-1 161 e 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 91-2 DATE: June 12, 1991 IACKGROUND 1. CASE NAME: Professional Care Facilities 2. APPLICANT: William N. Hoffman 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 (619) 438-1465 4. DATE ETA FORM PART I SUBMITTED: January 25, 1991 5. PROJECT DESCRIPTION: Zone Code Amendment to Title 21 of the Carlsbad Municipal Code to allow Drofessional care facilities with a Conditional Use Permit in the Residential-Professional Zone and to establish parking standards for this me facilitv. lNVIRONMENTAL IMPACTS ;TATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an lnvironmental Impact Assessment to determine if a project may have a significant effect on the environment. 'he Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist I identifies any physical, biological and human factors that might be impacted by the proposed project and rovides the City with information to use as the basis for deciding whether to prepare an Environmental mpact Report or Negative Declaration. . 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. On the checklist, "NO" will be checked to indicate this determination. ' An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sianificant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insianificant. These findings are shown in the checklist under the headings "YES-sig" and 'YES-insig" respectively. 4 discussion of potential impacts and the proposed mitigation measures appears at the end of the form under XSCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing nitigation for impacts which would otherwise be determined sigmficant. 0 0 PHYSICAL ENVIRONMENT .. WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a sigmficant archeological, paleontological or historical site, structure or object? YES YES NO big) (insig) x - X - X - - X - - - X - X - - X - - X - X - - X - X - - -2- a 0 BIOLOGICAL ENVIRONMENT MILL THE PROPOSAL DIRECTLY OR INDIRECTLY: .2. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? L3. Introduce new species of plants into an area, or a barrier 10 the normal replenishmenr of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other fadand of state or local importance? 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an migration or movement of animals? area, or result in a barrier to the HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? YES big) " - YES big) - - -3- YES (insig) - - - - YES (insig) - - NO x X X X X NO x x 0 WILL 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. HUM ENVIRONMENT THE PROPOSAL DIRECTLY OR INDIRECTLY: Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? ~ncrease traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? -4- 0 YES YES bigi - - - - - - i - - - - - - - - - - - - - - - - - NO i Ins\$) x X X x X x x X X X X X X X 0 MANDATORY FINDINGS OF SIGNIFICANCE VILL THE PROPOSAL DIRECTLY OR INDIRECTLY: ;3. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life 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 en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 14. Does the project have the potential - to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a time whle long-term impacts will endure well into the future.) relatively brief, definitive period of 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual 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.) !6. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES YES NO big) (insig) X - " .- X - X - - X - - -5- *. 0 0 XCUSSION OF ENVIRONMENTAL EVALUATION The project is a Zone Code Amendment to Title 21 of the Carlsbad Municipal Code. The new arnendmenr requires one parking space for every two beds for professional care faciliries, and allows professional cart faciliries in the Residential-Professional Zone (RP) with a Conditional Use Permit (CUP). The Rp Zone currently provides for the development of certain low-intensity business and professional offices adjacent [C residential areas, and provides transitional light traffic-generating commercial uses between esrablishec residential areas and commercial or industrial development. Professional care facilities developed in ths ZO~E would nor alter the planned use or intent of the zone. ,A parking standard for residential care facilities will ensure that rhe facility has adequate onsite parking tc accommodate parking demand generated by the use, thus reducing impacts on the surrounding offsirc circularion system. No physical alteration of the environment is associated with this project, therefore no significant physical bioIogica1, or human endronmental impacts will result. The development of a professional care facility in tht Rp Zone will require a CUP which is discretionary and subject to further CEQA review. When individu; facilities are planned and developed, environmental impacts will be identified and mitigated throcch th environmenral review associated with the CUP process. -6- 0 e VALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alremate sires for the proposed, and g) no project alternative. Phasing, alternate site design and uses, scale of development, alternate sites, and development ar a future time are not applicable to this project because no direct physical development is proposed. The no project alternative would result in the potential for parking and circulation impacts created by the development of a professional care facility that did not have adequate onsite parking due to the lack of a required parking standard. The RP Zone is an appropriate zone to locate professional care them in the RP Zone with a CUP, the number of viable locations in the City is reduced and negative facilities, and they provide a beneficial community service to the elderly, therefore, by not allowing . social impacts may result. -7- ' .< e 0 IETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: X I find the proDosed project COULD NOT have a significant effect on the environment, and a NEC..A::'.;~ DECTLARAT!ON wll be prepared. - 1 rind [hat rhe prcpc.se,i ;.rrJect COULD NOT have a significant effect on the enciroment. becausL: .:.-. enLironmenta1 etfec:s :I :he proposed project have already been considered in cor,~w~c:ic;? .(:. . preL-iously cerrified m\ironmental documents and no additional encironmend re;iev; fs rc.:::::'.:: Therefore, a Notice of Determination has been prepared. - [ find that although :he proposed project could have a significant effect on the encirorment. :here ..*;:: not be a significant effect in his case because the mitigation measures described on a?. a[m'r,ej sheet: have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIR0XXIENT.X IMPACT REPORT is required. r 'L\ e ' - 13,- d 91 /a- d- L .I - Date Signat&\ :."l i /" ,/ ; ! If LC/ lL i. 4 , ,'. , I. ' (/T ' :, ( ,\/ " ./' / .. Date Plaqjing Dirdtor i <G .no LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLEl -8-