Loading...
HomeMy WebLinkAbout1992-11-18; Planning Commission; Resolution 34247 1 /I e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PLANNING COMMISSION RESOLUTION NO. 3424 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO ESTABLISH A CITYWIDE INCLUSIONARY HOUSING PROGRAM. ORDINANCE CASE NAME: CITY OF CAEUSBAD - INCLUSEONARY CASE NO: ZCA 91-06 WHEREAS, the Planning Commission did on the 19th day of August, 199; the 28th day of October, 1992, the 4th day of November, 1992, and on the 18th day c November, 1992, hold duly noticed public hearings as prescribed by law to consider sai request, and WHEREAS, at said public hearings, upon hearing and considering a testimony and arguments, examining the initial study, analyzing the information submitte by staff, and considering any written comments received, the Planning Commissio considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio as follows: A) That the foregoing recitations are true and correct. 19 Commission hereby recommends APPROVAL, of the Negative Declaration accordin 20 I B) That based on the evidence presented at the public hearing, the Plannin to Exhibit "ND", dated June 25, 1992, and "PII", dated January 2, 1992, attache hereto and made a part hereof, based on the following findings: 21 22 23 24 25 26 27 28 Fhdh!ZS: 1. The initial study shows that there is no substantial evidence that the project rn; have a significant impact on the environment. ..D ... I** a 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of November, 1992, by the following vote, to wit: 1 2 3 4 AYES: Chairperson Erwin, Commissioners: Schlehuber, Noble & Savary. 5 6 7 NOES: Commissioners: Hall, Welshons & Schramm. ABSENT: None. 8 ABSTAIN: None. 9 1 10 11 -. 15 14 \ 13 ATTEST: 12 TOM ERWIN, Chairperson CAEUSBAD PLANNING COMMISSION PLANNING DIRECTOR 16 17 18 19 20 11 21 22 23 24 25 I 26 27 28 PC RES0 NO. 3424 -2- II NEGA"JZ DECLARATION PROJECT ADDRESS/LOCATION: Zone Code Amendment to be implemented Citywide. PROJECT DESCRIPTION: Zone Code Amendment to add an Inclusionary Housing Chapter to Carlsbad's Zoning 'Ordinance. 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 PlaIlning 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 Chris DeCerbo in the Planning Department at 438-1161, extension 4445. ! 1. ! DATED: JUNE 25, 1992 $* 1 ,x . CASE NO: ZCA 91-6 Planning Director CASE NAME: CITY OF CARLSBAD PUBLISH DATE: JUNE 25,1992 / I' . ..- : - I tt.7~ t, ; ,i ',- MICHAEL J. HOLZMILLER CDC:km I 2075 Las palmas Drive - Carlsbad, California 92009-1 576 - (619) 438-1 I6l 7 ENVLKUNMP rY IAL, LMrALl =~C~~MCP( I ruNv r-1 u (TO BE COMPLETED BY THE PLANNING DEPARTMENT) a1 CASE NO. ZCA 91-6 DATE! JANUARY 2. lo( BACKGROUND 1. CASE NAME: INCLUSIONARY HOUSING PROGRAM 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 UiS PALMAS DRIVE CARLSBAD. CA 92009 (619) 438-1161 4. DATE EIA FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: Zone Code Amendment to add an inclusionarv housinv - chaDter - Carlsbad's Zoninn Ordinance. This chaDter shall establish reauirements for the reservation a affordabilitv of housing units for moderate and lower-income households in residential Droie under a citv wide inclusionarv housinn Dromam and thle Dayment of an in-lieu fee inclusionarv housing imDact fee in sDeciiied circumstances. EMRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct Environmental Impact Assessment to determine if a project may have a significant effect on the environme The Environmental Impact Assessment appears in the following pages in the form of a checklist. This check 8 identifies any physical, biological and human factors that might be impacted by the proposed project 2 provides the City with information to use as the basis for deciding whether to prepare an Environmer Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial eddence that the projecl any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checl to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of project may cause a &gpScant effect on the environment. The project may que for a Negal Declaration however, if adverse impacts are mitigated so that environmental effects can be deer insinnificant. These findings are shown in the checklist under the headings 'YES-sig" and "YES-in respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form un DISCUSSION OF ENVIRONMENTAL, EVALUATION. Particular attention should be given to discus! mitigation for impacts which would otherwise be determined significant. 1 e PHYSICAL moNMENT 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 significant archeological, paleontological or historical site, structure or object? -2- P 0 YES YES NO big) (insig) A - X - X - X - X - - - X - - - x, - - A x - - - X - - X - - - X' - V - A - - * 6 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 12. Affect the diversity of species, habitat or numbers of any species of plants (including plants)? \ trees, shrubs, grass, microflora and aquatic 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? .. YES (sig) - - 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, and insects? - land animals, all water dwelling organisms 16. Introduce new species of an&& into an area, or result in a barrier to the migration or movement of animals? - I"ANENvTR0NMENT. WILL THE PROPOSAL DIRECTLY OR INDIRECRY YES (sig) 17. Alter the present or planned land use of an area? - 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? - -3- I YES (insig) - - - - - YES (insig) - - NO X - X X - X - X NO X - X - 0 HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 19. Result in the need for new or rno~ed sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new.light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? 28. Alter waterborne, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of ' existing recreational opportunities? ) e YES <si@ - - - - - - - - - - - - - - 4- YES (insig) - - - - - - - - - - - - - - NO X X X - __. X X - X X - - X X X - X - X - X X 0 e MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO big) (insig) 33. Does the project have the potential tu substantially degrade the quality of the environment, substantially reduce the ':.abitat 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 dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. restrict the range of a rare or en- X - - 34. 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 relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible 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.) environmental effects which are in- X - - - X - - - 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X - - - -5- ! e 0 DISCUSSION OF ENVIRONMENTAL EVALUATION This project is a Zone Code Amendment to add an Inclusionary Housing Chapter (21.85) to the City of Carlsbad's Zoning Ordinance (Title 211.. This Inclusionary Housing Chapter implements Programs 3.2, 3.6.a., 3.6.b., 3.6.c. and 3.10.c., of the City's revised Housing Element. The Inclusionary Housing Program requires that: (1) a minimum of 15% of all base residential dwelling units within a master plan, specific plan, or qualified subdivision be reserved and affordable to lower income households, that (2) a minimum of 5% of all base residential dwelling units within a master plan or specific plan be made affordable to moderate income households, that (3) in developments of the lower-income units should have 3 or more bedrooms, and that (4) in specific cases, allow inclusionary requirements to be satisfied through the payment of an in-lieu fee or inclusionary housing impact fee as an alternative to requiring inclusionary units to be constructed on the ground. The proposed inclusionary ordinance was identified within the City's Housing Element as the best program available to achieve the City's fair share housing objectives. The proposed Inclusionary Housing Chapter includes Sections covering: Definitions, Applicability, Affordable Housing Standards, Application Processing Requirements, Incentives, Necessary Agreements (i.e., Affordable Housing, Rental, Sales, Resale), Eligibility, Management and Monitoring. In that: (1) this zone code amendment is not associated with any specific development project, (2) will not directly or indirectly result in any significant physical, biological, or human environmental impacts, and that, (3) any future development projects processed pursuant to the Inclusionary Housing Program shall be required to undergo detailed environmental review, no project specific environmental impacts are anticipated. which are required to include ten or more units affordable to lower-home households, at least 10% 1. The proposed Zone Code Amendment will not result in unstable earth conditions or increase the exposure of people or property to geologic hazards because no actual development is proposed. All future development processed pursuant to the Inclusionary Housing Program will need to comply with all City Standards, including the issuance of grading permits to prevent unstable earth conditions or the creation of geologic hazards due to development and grading. 2. The proposed Zone Code Amendment will not appreciably change the topography of any site or alter physical features of any site, in that no specific development is proposed with this action. 3. The erosion of soils on or off a given site will not be affected by this Zone Code Amendment. All future development processed pursuant to this Inclusionary Housing Program will meet applicable standards and all conditions associated with the issuance of grading permits.' 4. In that no specific development is proposed, this Zone Code Amendment will not result in any changes in the deposition patterns of beach sands or the alignment of river or streambeds or the bottoms of any lagoons or inlets. -6- 1 0 0 5-6. The proposed Zone Code Amendment is not a specific development project and therefore will not have any adverse impacts on ambient air quality or will result in any change in air movement, odor, moisture, or temperature. 7-10. The proposed Zone Code Amendment is not associated with my specific development project, therefore the proposed amendment will not substantially alter the course or flow of marine fresh or flood waters or effect ground water or public water supply. The proposed amendment will not cause a depletion of any natural resource or will use substantial amounts of fuel or energy, 11. Future projects processed pursuant to the Inclusionary Housing Program shall undergo environmental review to evaluate impacts to archaeological, historical or cultural resources. This Zone Code Amendment is not a specific.development project, and therefore will not impact resources. BIOLOGICAL ENVIRONMENT 12/13. Since no specific development is proposed, there will be no impacts to the diversity of any plant species and there will be no barriers to the normal replenishment of existing plant species. There will be no introduction of plant species into an area within the City through this Inclusionary Housing Program. 14. The proposed Inclusionary Housing Program will not impact agricultural lands of any importance within the City. Since this Zone Code Amendment is proposed Citywide, it would not affect any specific site. 15/16. Since this project does not propose specific development, there will be no impacts to the diversity of animal species and there will be no barriers created to alter the migrations or movements of animal species within the City and no new animal species will be introduced by this Inclusionary Housing Program. 17. The Inclusionary Housing Program will not directly alter the present or planned land use of a specific area. Any future development application processed pursuant to this Inclusionary Housing Program shall be required to undergo specific environmental review. Any potentid land use capability impacts shall be identified and adequately mitigated. 18 - 22. This rdusionary Housing program is not associated with any specific development. It will not substantially affect utilities, schools, police, fire, emergency or other public services. The proposed program will not alter or result in the need for sewer, solid waste, hazardous waste or other systems. The proposed amendment will not increase noise levels, light or glare 01 deal with hazardous substances. Future projects processed pursuant to this Inclusionaq Housing Program shall be required to address and adequately mitigate associated impacts 23. The density of an area within the City will not be directly affected by this proposed Zon Code Amendment. Any potential impacts from density increases proposed on futur development projects subject to .this Inclusionay Housing Program shall be required to b adequately mitigated. -7- 0 0 24. Existing housing will not be directly affected by this action and there will not be a demand for additional housing created by the adoption of the recommendations comprising this amendment. This new ordinance will result in the creation of additional units within &e City which are affordable to lower and moderate income households. Any potential impacts associated with the conversion of existing market rate units to affordable units shall be required to be anaIyzed and mitigated on a project by project basis. 25 - 30. The proposed amendment will not substantially affect parking, generate substantial traffic, or alter existing transportation systems. This proposed Zone Code Amendment is not affiliated with any specific development project and will not interfere with safety issues such as emergency evacuation response plans or increase traffic hazard to motorists, pedestrians and bicyclists. Any future project processed pursuant to the inclusionary ordinance shall be required to adequately mitigate associated parking or traffic impacts. 31. in that no specific development is proposed ~,rh this ZCA, no scenic vistas will be obstructed and aesthetically offensive views will not be created by the implementation of the proposed inclusionary Housing Program. 32. The proposed Zone Code Amendment will not affect the quality or quantity of existing recreational opportunities. Projects processed pursuant to this Inclusionary Housing Program shall still be required to provide recreational amenities. -8- + e 0 ANALYSIS OF WLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH As: a) Phased development of the project, b) alternate site designs, C) alternate scale of develapment, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. a) Phasing the implementation of this ZCA will not substantially reduce environmental impacts associated with the comprehensive implementation of this ZCA. b) N/A. c) N/A. d) This ZCA will be implemented Citywide. There is no specific site involved/actual developm proposed. e) This ZCA implements Programs 3.2, 3.6.a., 3.6.b., 3.6.c. and 3.10.c. of the Housing Elemc Implementation at this time is necessary to ensure consistency with Housing Element &or& housing objectives. f') See (d). g) The no project alternative would not substantially effect the environmental findings for this proj -9- t 0 0 1ETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: !L I find the proposed project COULD NOT have a sislllficant effect on the environment, and a NEGATM - I find that the proposed project COULD NOT have a sigmficant effect on the environment, because thc environmer*al effects of the proposed project have already been’ considered in conjunction wid previously certified environmental documents and no additional environmental review. is required Therefore, a Notice of Determination has been prepared. .DECLARATION will be prepared. - I hd that although the proposed project could have a significant effect on the environment, there wil not be a significant effect in this case because the mitigation measures described on an attached 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 ENVIRONMENTA IMPACT REPORT is required. b - lq-% Date Signature .. .. I 1, __ -. - .& . ,. , i.t j‘ I, LC. ”.. : \ - , ,’. .. ’- - i\ * Date Planning Director CDD:lh:km LIST MITIGATING MEASURES (IF APPLICABLE1 ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 -10- 1 0 0 t APPLICANT CONCURRENCE WITH MJTIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT, Date Signature -11- \