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Home My WebLink About1992-12-02; Planning Commission; Resolution 3422II e 0 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 3422 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 RESIDENTIAL DENSITY BONUS PROGRAM. CASE NAME: CITY OF CARLSBAD - DENSITY BONUS I CASE NO: ZCA 91-05 6 7 WHEREAS, the Planning Commission did on the 28th day of October, 1992, 8 the 4th day of November, 1992, the 18th day of November, 1992, and on the 2nd day of 10 9 December, 1992, hold a duly noticed public hearings as prescribed by law to consider said request, and 11 WHEREAS, at said public hearing, upon hearing and considering all testimonl 12 and considering any written comments received, the Planning Commission considered a1 l3 and arguments, examining the i&al study, analyzing the information submitted by staff I.4 11 factors relating to the Negative Declaration. 15 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio: 17 I/ as follows: l8 I A) That the foregoing recitations are true and correct. 19 1 B) That based on the evidence presented at the public hearing, the Plannin Commission hereby recommends APPROVAL of the Negative Declaration accordir 20 attached hereto and made a part hereof, based on the following findings: 21 to Exhibit "ND", dated June 25, 1992, and "PII", dated September 23, 199 22 24 1. The initial study shows that there is no substantial evidence that the project m; 23 Findins: have a significant impact on the environment. 25 --. 26 27 ... 28 ... ... II 0 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 3 Commission of the City of Carlsbad, California, held on the 2nd day of December, 1992, by the following vote, to wit: 4 5 AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Noble, Welshons, Savary & Hall. 6 7 8 9 10 11 12 13 NOES: None. ABSENT: None. ABSTAIN: None. 1 ATTEST: .% sw" TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 14 15 l6 I! PLANNING DIRECTOR 17 18 19 2o I 21 22 23 24 25 26 27 I1 28!l PC RES0 NO. 3422 -2- !! NEGATJSE DECLARATION PROJECT ADDRESS/LOCATION: Zone Code Amendment to be implemented Citywide. PROJECT DESCRIPTION: Zone Code Amendment to add a Residential Density Bonus 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 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 Chris DeCerbo in the Planning Department at 438-1 161, extension 4445. I .! ,I DATED: JUNE 25, 1992 ,. i. 'y ,"LA i-4:- /"TI &\(. '' .L - 1 CASE NO: ZCA 91-5 Planning Director CASE NAME: CITY OF CARLSBAD ,;i ; : , Mici~L J. HoLzhILLEk PUBLISH DATE: JUNE 25, 1992 CDC:km 2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 167 0 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) 3ACKGROUND CASE NO. ZCA 91.: DATE: SeDtember 23, 199 1. CASE NAME: RESIDENTIAL DENSITY BONUS PROGRAM 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DRIVE Carlsbad, CA 92009 (619) 438-1161 4. DATE EIA FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: Zone Code Amendment to add a Density Bonus Chapter to Carlsbat Zoning Ordinance. This Chapter establishes reauirements for the reservation and affordabili of housing units for lower and moderate income households and senior citizens in residenti proiects under a Citv wide Densitv Bonus Promam. ENVIRONMENTAL 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 checkl 8 identifies any physical, biological and human factors that might be impacted by the proposed project a 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 evidence that the project 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 simificant effect on the environment, The project may quq for a Nega' Declaration however, if adverse impacts are mitigated so that environmental effects can be deer insihficant. 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. e PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? Appreciably change the topography or any unique physical features? Result in or be affected by erosion of soils either on or off the site? 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? Result in substantial adverse effects on ambient air quality? Result in substantial changes in air movement, odor, moisture, or temperature? Substantially change the course or flow of water (marine, fresh or flood waters)? Affect the quantity or quality of surface water, ground water or public water supply? Substantially increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? Alter a significant archeological, paleontological or historical site, structure or object? -2- 0 YES YES (sig) (insig) - - - - - - - - - - - - - NO X 'X X X - X X X X X X X 0 0 - BIOLOGICAL ENVIRONMENT JILL 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)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 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, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HUMANENVIRONMENT 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 YES big) (insig) - - - - - - - - - YES YES (Sk) (big) - - - -. NO X X X X X NO X - X - -3- 0 HUMAN ENVIRONMENT VU THE PROPOSAL DIRECTLY OR INDIRECTLY: 9. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 10. , 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? -4- e YES (si@ - - - - - - - - - YES (insig) - - - - - - - NO X X x X X X X X X X X X x X 0 a MANDATORY FINDINGS OF SIGNIFICANCE YIU 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. 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 wxch 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 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.) k 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES (sig) - - - - YES (insig) - - NO X X X X -5- 0 a )ISCUSSION OF ENVIRONMENTAL EVALUATION 'his project is a Zone Code Amendment to add a Residential Density Bonus Chapter (21.86) to the City 0: ;&bad's Zoning Ordinance (Title 21). This Density Bonus Program establishes guidelines and procedure: y which the City will comply with Sections 65915 and 6591 5.5 of the California Government Code regatx&j [ensity bonuses and incentives for affordable housing. Under this new Density Bonus Chapter the City shd mplement Government Code Section 65915 which requires that the City shall either: :I) grant a minimum 25% density bonus over the otherwise maximum allowable residential density, an at least one additional incentive (i.e. (a) reduction of site development standards, development fees c dedication requirements, (b) approval of mixed use zoning, (c) and additional density bonus abov 25%), or (2) provide other in-lieu incentives of equivalent financial value (based upon the land cost per dwellin unit), in return for a developer guaranteeing that a residential project will reserve either: (a) 20% c the units as affordable to low-income households, or (b) 10% of the total units as affordable to ver low income households, or (c) 50% of the total units for senior residents. This Density Bonus Chapter shall also implement Government Code Section 65915.5 (relating to condominiu: conversions) which requires the City to either: (1) grant a minimum 25% density bonus over the number of existing or approved but undevelopc apartment units within an apartment project which is proposed for.conversion, or (2) provide other incentives of equivalent financial value, in return for a developer guaranteeing to resen either: (a) 33% of the converted condominium units for low or moderate income households, or (1 15% of the converted condominium units for lower income households. This project is not a specific development, but rather an addition of an implementing chapter to the Ciq Zoning Ordinance, which may affect certain future residential developments. In that it implements, St2 Density Bonus Law, it is deemed consistent with the General Plan. This project basically codifies existing State law and City policy. It allows for and encourages t development of affordable and senior units throughout the City's existing residential areas. Any furth residential project processed pursuant to this Density Bonus Program shall be required to undergo site speci environmental review, This project is consistent with the City's Housing Element (Program 3.7.a.) in offering incentives to foster 1 development of affordable and senior housing, and is required by California Government Code Sections 659 and 65915.5. PHYSICAL ENVIRONMENT 1 - 4 . As no site-specific project is proposed as part of this zone code amendment, no changes topography resulting in unstable earth conditions, erosion of soils, or alteration of deposit pattern will occur. No geological impacts will result from this zone code amendment. -6- e a 5 - 8 . In that, no physical, site-specific development is proposed as part of this zone code amendment, n impacts to air quality or climatological indices are expected. Each subsequent project processe pursuant to this Density Bonus Ordinance will be subject to individual, site-specific review that wi evaluate potential impacts to water courses and the quality and quantity of various water source 9 - IO. No site-specific development is proposed with this ZCA. Therefore this zone code amendment w not deplete any natural resources or other form of energy. 11. This zone code amendment is strictly administrative. As such, no site-specific project process1 pursuant to this Density Bonus Ordinance is proposed. Only a site-specific environmental revic 'for a particular project could identify the existence of a significant archeological, paleontologic; or historical structure or object on site. This is an administrative, non-project zone cot amendment, therefore, it has no impact on historical resources. BIOLOGICAL . 12 - 16. Because this zone code amendment proposes no actual development, no impacts to the divers of flora or fauna condition of ecosystems, or agricultural areas or farmlands are anticipated. Ea site-specific project requesting a density bonus will be reviewed for possible biological-relat impacts on a project-by-project basis. HUMAN ENVIRONMENT 17. This is a zone code amendment. No actual site-specific development is proposed as part of t project. This zone code amendment does not directly affect land use patterns as it only establisl the guidelines and procedures under which a residential density bonus may be applied for. 1 Density Bonus Program will not directly alter the present or planned land use of a specific ar Any future development application processed pursuant to this Density Bonus Program shall required to undergo specific environmental review. Any potential land use capability impacts SI be identified and adequately mitigated. 18-22. This Density Bonus Program is not associated with any specific development. It will substantially affect utilities, schools, police, fire, emergency or other public services. The propc program will not alter or result in the need for sewer, solid waste, hazardous waste or 01 systems. The proposed amendment will not increase noise levels, light or glare or deal v hazardous substances. Future projects.processed pursuant to this Density Bonus Program shal required to address and adequately mitigate associated impacts. 23-24. The density of any residential area within the City will not be directly affected by this propc Zone Code Amendment, since it is strictly administrative. Although the total number of u permitted on a given site may be permitted to exceed the maximum permitted per the General P potential impacts from density increases proposed through future projects shall be required tc adequately mitigated. -7-