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HomeMy WebLinkAbout1993-01-20; Planning Commission; Resolution 3492I/ 1 2 3 4 5 6 7 e 0 PLANNING COMMISSION RESOLUTION NO. 3492 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 CHAPTER 21.18 BY THE AMENDMENT OF SECTION 21.18.045 OF THE CARLSBAD MUNICIPAL CODE TO CHANGE THE AGE REQUIREMENTS FOR SENIOR CITIZEN HOUSING. CASE NAME: CHANGE IN AGE REQUIREMENTS FOR SENIOR CITIZEN HOUSING CASE NO: ZCA 92-10 8 hold a duly noticed public hearing as prescribed by law to consider said request, and 9 WHEREAS, the Planning Commission did on the 20th day of January, 1993 lo // WHEREAS, at said public hearing, upon hearing and considering all testhnonj 11 II I/ and arguments, examining the initial study, analyzing the information submitted by staff: 12 13 14 as follows: 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 15 factors relating to the Negative Declaration. and considering any written comments received, the Planning Commission considered all 17 18 19 20 21 22 23 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL, of the Negative Declaration according to Exhibit "ND", dated December 17, 1992, and "PZItt, dated December 15, 1992, attached hereto and made a part hereof, based on the following findings: FiIldillES: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. 24 25 26 27 ... ... ... 28 0 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin 2 3 Commission of the City of Carlsbad, California, held on the 20th day of January, 1993, b the following vote, to wit: 4 5 6 7 8 9 10 11 12 13 AYES: Chairperson Noble, Commissioners: Schlehuber, Schramrr Erwin, Welshons & Hall. NOES: None. ABSENT: Commissioner Savary. ABSTAIN: None. ATTEST: +-x4 1 1 BAILEY NOS@, Chairperson CARLSBAD PLANNING COMMISSION 14 15 8 l6 /I PLANNING DIRECTOR 17 II 18 I/ 19 I 20 21 22 23 24 25 26 27 PC RES0 NO. 3492 -2- 28 w .i Ti polpec I- 12-IS-q 2 .. NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Citywide PROJECT DESCRIPTION: Addition of provisions to the City's RP Zone to comply with the Federal Fair Housing Act. The City of Carlsbad has conducted an environmental review of the above described project pursuant bo 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 Robert Green in the Planning Department at (619) 438-1 161, extension 4442. DATED: ttp-i? ,+I & j DECEMBER 17, 1992 -9 i- MICHAEL d HOLZMILLER , ' 1 CASE NO: ZCA 92-10 Planning Director CASE NAME: SENIOR HOUSING PUBLISH DATE: DECEMBER 17, 1992 !; RG:km - 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 NOTICE OF COMPLETION Mail to: State Clearinghouse, 1400 Tenth et, Rm. 121, Sacramento, CA 95814 - 916/4 I_.\ See MOTE Bel-: Project Title: ZCA 92-10 - Senior Housing Lead Agency: City of Carlsbad Contact Person: Robert Green Street Address: 2075 Las Palms Drive Phone: (619)438-1161, ext. 444; City: Carlsbad Zip: 92009 County: San Diego PROJECT LOCATION: County: San Dieso Ci ty/Nearest Camnuni ty: Carlsbad - Ci tvuide Cross Streets: N/A Total Acres: N/A Assessoris Parcel No. N/A Section: Tup. Range: Base: - Uithin 2 Miles: State Huy #: N/A Uateruays: N/A ____"____"______"""""""""""""""""""""""""""""""""""""""""""""""""""""" Airports: #/A Railuays: N/A Schools: N/A WCUQNT TYPE ""_""_""""__""""""""""""""""""""""""""""""""""""""""""""""""""""" CEW: - NOP - Supplement/Subsequent NEPA: - NO I OTHER: - Joint Docwnt - Early Cons - EIR (Prior SCH No.) EA Final Docwnt X Neg Dec - Other - - Draft EIS Other FONSI - - Draft EIR """__""__"____""""""""""""""""""""""""""""""""""""""""""""""""""""~, - - LOCAL ACTION TYPE - General Plan Update - Specific Plan Rezone Amexat i on General Plan Amendment Master Plan Prezone Redevelopnent General Plan Element Comnunity Plan - - - - - Planned Unit Developnent - Use Permit Coastal Permit Site Plan Land Division (Sukdivision, XOther ZoneCcde Amencfi Parcel Map, Tract Map, etc.) . - - - - - - - _____________"""""""""""""""""""""""""""""""""""""""""""""""""""""""" DMLOPENT TYPE - Residential: Units Acres - Uater Facilities: Type %n - Sq. Ft. - Office: Acres Enpl oyees - Transportation: Type Comnercial: Sq. Ft. Acres Enployees Mining: Mineral Industrial: Sq. Ft. Recreational - - Acres Enpl oyees - Pouer: Type Uatts - - - Educational Uaste Treatment: Type - - - Hazardous Uaste: Type - X Other: Zone Code Amendrent PROJECT ISSUES DISQlSSED IN DOCUEllT ""____""""____""""""""""""""""""""""""""""""""""""""""""""""""""""-. - Aesthetic/Visual Flood Plain/Flocding Schools/Universities Uater Quality Uater Supply/ Agricultural Land Air Quality . Geologic/Seismic Seuer Capacity Ground Uater Archaeological/Historical - Minerals - Soi l Erosion/Compection/Grading - Uetland/Riparian Coastal Zone Noise Solid Uaste Wildlife Drainage/Absorption Poprlation/Housing Balance - Toxic/Hazardous Ecomic/Jobs Public Services/Facilities - Traffic/Circulation X Landuse Fiscal - Forest Land/Fire Hazard - Septic Systems - - - - - - - - - - - - - - Growth Inducing - - - - - Recreation/Parks - Vegetation - Cunulative Effect - - Other "_"""""__"""""""""""""""~""""""""""""""""""""""""""""""""""""""--- - Present Land Use/Zoning/Carral Plan Use N/A Project Description Addition of provisions to the City's RP Zone to conply uith the Federal Fair Housing Act """"_"""""""""""""""""""""""""""""""""""""""""""""""""--"""---------. MOTE: Clearinghouse will assign ideatification nunbers for all neu projects. If a SCH nunber already exists for a project ( from a Notice of Preparation or previous draft docwnt) please fill it in. Revised October R W 0 ENVTRONMENTAL IMPACT ASSESSMENT FORM - PART 11 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) 3ACKGROUND .. CASE NO. ZCA 92-1 DATE: DECEMBER 15. 199 1. CASE NAME: Senior Housinn ZCA 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: City of Carlsbad, City Attorney 1200 Carlsbad Village - Drive (619)438-2891 4. DATE EIA FORM PART I SUBMITTED: December 15, 1992 5. PROJECT DESCRIPTION: Addition of provisions to the CiN's RP Zone to comply with tk Federal Fair Housing Act. * 3NVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct 2 Environmental Impact Assessment to determine if a project may have a significant effect on the environmer The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklj 3 identifies any physical, biological and human factors that might be impacted by the proposed project a1 provides the City with information to use as the basis for deciding whether to prepare an Environment Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project 1 any of its aspects may cause a significant effect on the enirironment. On the checklist, "NO" will be checkc to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of tl project may cause a &nificant effect on the environment. The project may qualify for a Negati Declaration however, if adverse impacts are mitigated so that environmental effects can be deem1 insinnificant. These findings are shown in the checklist under the headings YES-sig" and "YES-insi respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form und DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussi mitigation for impacts which would otherwise be determined significant. e 0 PHYSICAL ENVIRONMENT YILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO big) (insig) I. 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? - - - - X X X -x- X X X X X X X -2- m e BIOLOGICAL, ENVIRONMENT VILL 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)? -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? 16. Introduce new species of animals into an area, or result in a barrier to. the migration or movement of animals? YES big) - HUMANENVIRONMENT NILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) 17. Alter the present or planned land use of an area? YES NO (insig) X X X X - X YES NO (insig) X 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? X - - -3- e HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES big) .9. Result in the need for-new or modified sewer systems, solid waste or hazardous waste control systems? - !O. Increase existing noise levels? - !I. Produce new light or glare? !2. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? !3. Substantially alter the density of the human population of an area? !4. Affect existing housing, or create a demand for additional housing? - - 15. Generate substantial additional traffic? - 16. Affect existing parking facilities, or create a large demand for new parking? !7. 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 quanrity of existing recreational opportunities? - -4- YES (insig) - - NO X X X X X X X X X X X X X X- 0 0 MANDATORY FINDINGS OF SIGNIFICANCE VILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 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 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.) 36. Does the project have environmental . effects which will cause substantial adverse effects on human beings, either directly or indirectly? X X X - - X - - -5- W e 3CUSSION OF ENVIRONMENTAL EVALUATION lis project is a Zone Code Amendment to Title 21, Chapter 21.18 Residential Profession (RP) of the Carlsbac unicipal Code. The (Rp) Zone allows senior citizen housing with a Conditional Use Permit (CUP) subjecl 1 certain conditioni which regulate the use. The amendment provides a revised definition of senior housins , the RP Zone to comply with the Federal Fair Housing Act. he changes are intended to comply with state and federal laws prohibiting age discrimination in housing he amendment will have no effect on the intent of the zone. No physical alteration of the environment i: sociated with this project, therefore no sigmficant physical, biological, or human environmental impacts wil dt. The development of senior citizen housing in the EW zone will require a CUP which is discretionaq Id subject to further CEQA review. When individual facilities are planned and developed, environmenta lpacts will be identified and mitigated through the environmental review associated with the CUP process .. - -6- 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. Issues of phasing, alternate site design and uses, scale of development, alternate sites, and development at a future time are. not applicable to this project because no physical development is proposed. The no project alternative would result in lack of compliance of the municipal code with Federal Law. -. -7- 4b IETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATlVl 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 wit1 previously certified environmental documents and no additional environmental review is required Therefore, a Notice of Determination has been prepared. - I 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 ENVIRONMENTA IMPACT REPORT is required. y9p 6" - De Signature 12/5/-% I W Date Planning Directs .ET MITIGATING MEASURES (IF APPLICABLE) 4TTACH MITIGATION MONITBRING PROGRAM (IF APPLICABLE) -8-