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HomeMy WebLinkAbout1992-12-02; Planning Commission; Resolution 34464 0 * 1 2 3 4 5 6 7 8 9 PLANNING COMMISSION RESOLUTION NO. 3446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT TO ADD A POLICY TO THE LAND USE ELEMENT TO ALLOW THE CITY TO GRANT DENSITY INCREASES ABOVE THE MAXIMUM PERMITTED RESIDENTIAL DENSITIES TO ENABLE THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOWER INCOME HOUSEHOLDS. CASE NAME: RESIDENTIAL DENSITY INCREASES CASE NO: GPA 92-08 WHEREAS, the Planning Commission did on the 28th day of October, 1992, 10 the 4th day of November, 1992, the 18th day of November, 1992, and on the 2nd day of 11 December, 1992, hold a duly noticed public hearings as prescribed by law to consider said 12 request, and 13 14 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the infomation submitted by staff, 15 and considering any written comments received, the Planning Corru-nission considered all factors relating to the Negative Declaration. 16 17 18 19 21 A) That the foregoing recitations are true and correct. 2o as follows: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission B) That based on the evidence presented at the public hearing, the Planning to Exhibit "ND", dated July 16, 1992, and "PII", dated July 10, 1992, attached 22 Commission hereby recommends APPROVAL of the Negative Declaration according 23 Findine: 24 hereto and made a part hereof, based on the following findings: 25 26 have a significant impact on the environment. 27 28 1. The initial study shows that there is no substantial evidence that the project may .... I1 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 2nd day of December, 1992, by the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Noble, Welshons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION I- PLANNING DIRECTOR PC RES0 NO. 3446 -2- NEGATIVE DECLARAnON PROJECT ADDRESS/LOCATION: City of Carlsbad - All residential general plan land use classifications. PROJECT DESCRIPTION: Amend the Land Use Element to authorize density bonuses in all residential land use classes for purpose of creating housing for lower-income households. 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 subrdt comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Dennis Turner. in the Planning Department at (6.19) 438-1161, extension 4443. DATED: JULY 16,1992 CASE NO: GPA 92-8 MICHAEL J. MZMI'XER Planning Director CASE NAME: LAND USE ELEMENT - RESIDENTIAL DENSITY BONUS PUBLISH DATE: JULY 16, 1992 DT:km 2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161 @ 0 ENVIRONMENTAL, IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) 4CKGROUND CASE NO. GPA 92-8 DATE: JULY 10, 1992 1. CASE NAME: Land Use Element - Residential Density Bonus 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: N/A 5. PROJECT DESCRIPTION: Addition of lanmane to the Land Use Element of the General Plan to authorize. via a Site Development Plan Permit, the nrantinn of densitv increases to any site subiect to a residential land use classification, for the purpose - of creating housing affordable to, and restricted for, lower-income households. - - WIRONMENTAL IMPACTS :ATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an lvironmental Impact Assessment to determine if a project may have a significant effect on the environment. le Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and ovides the City with information to use as the basis for deciding whether to prepare an Environmental lpact 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 sidcant 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 insinnificant. These findings are shown in the checklist under the headings !'YES-sig" and "YES-insig" respectively. iiscussion of potential impacts and the proposed mitigation measures appears at the end of the form under SCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing .tigation for impacts which would otherwise be determined significant. b e PHYSICAL ENVIRONMENT 0 VlLL 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? %. 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? 5. 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)? 3. 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? 0. Use substantial amounts of fuel or energy? 1. Alter a significant archeological, paleontological or historical site, structure or object? YES big) - - - - - - - YES (insig) - - - - - - - - NO X X X x X X X X X X X -2- P 0 0 BIOLOGICAL ENVIRONMENT CrILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) 2. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? - 3. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 4. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - 5. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? - 6. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? - HUMAN ENVIRONMENT ‘ILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sk) 7. Alter the present or planned land use of an area? - 3. Substantially affect public utilities, schools, police, fire, emergency or other public services? - -3- P YES NO (insig) - - X - X - X X - X YES NO (insig) - X - - X e e 7-10. The proposed General Plan Amendment is not associated with any specific development project, therefore the proposed amendment will not substantially alter the course or flow of amendment will not cause a depletion of any natural resource or will use substantial amounts of fuel or energy. marine fresh or flood waters or effect ground water or public water supply. The proposed 11. Future projects processed with density bonuses shall undergo environmental review to evaluate impacts to archaeological, historical or cultural resources. This General Plan Amendment is not a specific development project, and therefore will not impact resources. [OLOGICAL 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 General Plan Amendment. 14. The General Plan Amendment will not impact agricultural lands of any importance within the City. Since this 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. UMAN ENVIRONMENT 17. Although this General Plan Amendment would authorize the City to grant density bonuses on a case-by-case permit basis, thus enabling changes in the intensity of use on a site, it would not change any land use designation already assigned to property by the Land Use Element. 18 - 22. This amendment's authority to grant density bonuses would not be 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 or deal with hazardous substances. Future projects granted density bonuses shall be required to address and adequately mitigate associated impacts. 23. The purpose of this Land Use Element Amendment is to grant the City discretionary authority to approve requests by developers for density bonuses, so as to create housing affordable for lower-income families. The inclusion in the 'Land Use Element of this general authority would not directly or immediately change the density of specific areas but could later result in density changes being approved in association with specific affordable housing project proposals. Such approvals would be on a case-by-case basis and granted subject to an analysis examining specified locational criteria, the adequacy of facilities, and overall neighborhood compatibility. The amendment is required to assure compatibility of the Land Use Element with the Housing Element, and the City's adopted objectives for lower income -7- ? 0 HUMAN ENVIRONMENT YILL THE PROPOSAL DIRECTLY OR INDIRECTLY: .9. !O. !l. !2. 3. 4. 5. 6. 7. 8. 9. 0. 1. 1. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase exfsting 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? Increase 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- t 0 YES YES NO (sig) (insig) - - X X - - X - - - X - - X - X - - X - - X - - X - - X - - X - X - - X - - X e 0 MANDATORY FINDINGS OF SIGNIFICANCE YILL THE PROPOSAL DIRECTLY OR INDIRECTLY: . YES YES NO big) (insig) 8. 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. - X 4. 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.) 5. 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.) - X - - X 6. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? - X -5- , .. e m >ISCUSSION OF ENVIRONMENTAL EVALUATION 'he "project" is an amendment to the City's Land Use Element to enable the City to grant density bonuse: equested by developers 'in association with project proposals to construct housing affordable for lower-incomc amilies. The amendment would authorize such bonuses on any site designated for residential use, but onl~ hrough the approval of a Site Development Plan Permit for a specific project approval and only after a reviev )f the project to assure: the project meets certain locational criteria, there exist adequate public facilities anc leighborhood compatibility, and the project meets the City's overall project design criteria. The granting 0: !ach, such Site Development Plan Permit would constitute a project under the California Endronmenta Zuality Act, requiring environmental review. rhis amendment is necessitated as a follow-through to the recent update of the City's Housing Element. 11 )art, the Housing Element calls for the City to grant density bonuses to at least 29 du/acre on any residentia ite in the City for lower-income targeted housing. This amendment is required to bring the Land Use Elemen nto conformance with the Housing Element's Program 3.7.a. (density bonus), Program 3.7.i. (Mechanism: or granting density bonuses) and Policy 3.7.h. (changing General Plan Land Use Designations to increasc €ensity). In turn, these Housing Element programs and policy were adopted directly in response to Californi; Sovernment Code Section 65915, et seq. (requiring a process for granting density bonuses for affordablc lousing by all local jurisdictions). :n that: (1) this General Plan Amendment is not associated with any specific development project, (2) wil lot directly or indirectly result in any significant physical, biological, or human environmental impacts, an( :hat, (3) any future development projects processed with a density bonus shall be required to undergo detailec wironmental review, no project-specific environmental impacts are anticipated. 1. The proposed General Plan 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 with a density bonus will need to comply with all City regulations, 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 General Plan 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 General Plan Amendment. All future development processed with density bonuses shall be required to meet applicable standards and all conditions associated with the issuance of grading permits. 4. In that no specific development is proposed, this General Plan 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. 5-6. The proposed General Plan Amendment is not a specific development project and therefore will not have any adverse impacts on ambient air quality nor will it result in any change in air movement, odor, moisture, or temperature. -6- 1 e e 1 affordable housing. In particular, the amendment facilitates Housing Element Policy 3,7,h, (requiring the approval of land use density bonuses up to 29 du/acre for affordable housing projects) and serves as partial implementation of Program -3.7.a. (Density Bonus) and Program 3.7.i. (the establishment of a mechanism for the granting of density bonuses). Because the- amendment makes no direct changes in density and all subsequent projects proposing bonuses will be subject both to discretionary review using locational and other criteria, and to environmental review it is concluded that the proposed amendment will create no significant density-related environmental impacts either directly or indirectly. 24. Existing housing will not be directly affected by this action and there will not be a demand amendment. This amendment will assist in the creation of additional units within the City which are affordable to lower and moderate income households for which existing demand has been determined and documented in the Housing Element. for additional housing created by the adoption of the recommendations comprising this 25 - 30. The proposed amendment will not substantially affect parking, generate substantial traffic, or alter existing transportation systems. This proposed General Plan 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 granted density bonuses pursuant to the amendment shall be required to adequately mitigate associated parking or traffic impacts. 31. In that no specific development is proposed with this Amendment, no scenic vistas will be obstructed and aesthetically offensive views will not be created by its implementation. 32. The proposed General Plan Amendment will not affect the quality or quantity of existing recreational opportunities. -8- 0 0 ANALYSIS 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) alternate sites for the proposed project, and g) no project alternative. a) This "project" cannot be phased; the authority to approve density bonuses either is adde to the land use element or it is not. b) N/A. c) N/A. d) N/A. e) Delay in implementing the amendment would have the effect of deferring adopted Housing Element Policy 3.7.h. and frustrating Programs 3.7.a. and 3.7.i. Extended delay would result in the Land Use Element and Housing Element being inconsistent, a condition to be avoided in a General Plan. f) WA. g) See response to e). -9- \ 0 e DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIV DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because th environmental effects of the proposed project have already been considered in conjunction wit: previously certified environmental documents and no additional environmental review is requirec Therefore, a Notice of Determination has been prepared. - 1 find that although the proposed project could have a significant effect on the environment, there wi 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 ENVIRONMENTAI IMPACT REPORT is required. 7/L.lcla Qu Q-7- Date Signature 4lOh 7_, Dgte I %laming Direct& U .ET MITIGATING MEASURES (IF APPLICABLEJ iTTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -10- k 0 m APPLICANT CONCURRENCE WITH MITIGATING 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 DT:h -11- b