The URL can be used to link to this page

Home My WebLink About1994-02-16; Planning Commission; Resolution 3563ll 1 2 3 4 5 6 7 a 0 e ~ PLANNING COMMISSION RESOLUTION NO. 3563 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AMENDING VARIOUS CHAPTERS OF TITLE 21, OF THE CARLSBAD MUNICIPAL CODE TO (1) AMEND THE CITY'S EXISTING SENIOR CITIZEN HOUSING REGULATIONS TO CONFORM TO THE PROVISIONS OF GOVERNMENT CODE SECTION 65915 AND, (2) ESTABLISH NEW DESIGN AND DEVELOPMENT STANDARDS WHICH RESPOND TO SENIOR CITIZEN NEEDS. CASE NAME: SENIOR CITIZEN HOUSING CASE NO: ZCA 93-05 9 WHEREAS, the Planning Commission did on the 16th day of February, 1994 lo hold a duly noticed public hearing as prescribed by law to consider said request, and 11 12 WHEREAS, at said public hearing, upon hearing and considering all testimon 13 and arguments, examining the initial study, analyzing the information submitted by staff 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio~ 16 factors relating to the Negative Declaration. 15 and considering any written comments received, the Planning Commission considered a1 17 11' as follows: 18 19 A) That the foregoing recitations are true and correct. 20 1 B) That based on the evidence presented at the public hearing, the Plannin: Commission hereby recommends APPROVAL of the Negative Declaratiol according to Exhibit "ND", dated October 7,1993, and "PII", dated Septembe 27, 1993, attached hereto and made a part hereof, based on the followin: 21 22 findings: 23 25 1. The initial study shows that there is no substantial evidence that the project mq 24 Findinm: have a significant impact on the environment. 26 27 .... 28 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 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin; Commission of the City of Carlsbad, California, held on the 16th day of February, 1994 by the following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Nobll & Erwin. NOES: Commissioner Hall. ABSENT: Commissioner Welshons. ABSTAIN: None. ATTEST: PLANNING DIRECTOR PC RES0 NO. 3563 -2- NEGATIVE DECLARATION PROJECX ADDRESSfiOCATION: Zone Code Amendment to be implemented Citywide. PROJECI' DESCRPTION: A Zone Code Amendment to (1) add a definition for senior citizen housing, (2) amend the City's existing senior citizen housing regulations to conform to the provisions of Government Code Section 65915 (State Density Bonus Law) and, (3) establish new design and development standards which respond to senior citizen needs. 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 Ne 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 (619) 438-1 161, extension 4445. DATED: OCTOBER 7, 1993 CASE NO: ZCA 93-05 ' Planning Director WE NAME: SENIOR CITIZEN HOUSING ZCA PUBLISH DATE: OCTOBER 7,1993 CDD:h 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 4 0 e ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 93-05 c BACKGROUND DATE: SEPTEMBER 27.19 1. CASE NAME: Senior Citizen Housina Zone Code Amendment 2. APPLICANT: City of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DRIVE CARLSBAD. CA 92009 (619) 438-1161 X 4445 4. DATE EIA FORM PART I SUBMITTED: N/A 5. PROJECT DESCRIPTION: A Zone Code Amendment to (1) add a definition for senior citiz housing. (2) amend the City's existinn senior citizen housing regulations to conform to t provisions of Government Code Section 65915 (State Densitv Bonus Law) and, (3) establj new desip and development standards which resDond to senior citizen needs. 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 environmel The Environmental Impact Assessment appears in the following pages in the form of a checklist. TI checklist identifies any physical, biological and human factors that might be impacted by the proposed projc and provides the City with information to use as the basis for deciding whether to prepare an Environmen 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 1 checked to indicate this detemhation. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of tl project may cause a significant effect on the environment. The project may qualify for a Negati Declaration however, if adverse impacts are mitigated so that environmental effects can be deemc insignificant. 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. 0 e PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 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 ur 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? - - X X - - - X - - - X - - - X - - X - - X - - X - - - X 10. Use substantial amounts of fuel or energy? - X 11. Alter a significant archeological, paleontological or historical site, structure or object? - - - X -2- e 0 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 12. 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? YES (sig) - - - - I"ANm0NMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES 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 (insig) - - - - - YES big) - - NO x X X X X NO (big) X - X -3- 0 0 HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES big) 19. Result in the need for new or modified sewer system, 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? - - - - 4- YES (insig) - - - - - - - - - - - - - - NO X X X - - X X X X X - X X - X X - X - X - 0 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO Wg) (insig) 33. 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 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 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- 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION The City's existing Senior Citizen.Housing regulations (Section 21.18.045 of the Carlsbad Municipal Cod allow the development of Senior Citizen Housing at a density of up to 75 du/ac within the R-3, R-P, R-T, W and R-D-M zones, subject to specific conditions and requiring the approval of a Conditional Use Perm Consistent with Housing Program 3.4.1, this project is a zone code amendment to (1) amend the Cit existing Senior Citizen Housing regulations to conform to the provisions of Government Code Section 659: (State Density Bonus Law), (2) to establish new design and development standards which respond to seni citizen needs, and .(3) add a definition for Senior Citizen Housing. This project is not a specific development, but rather an amendment to an implementing chapter of the Ciq Zoning Ordinance, which will affect future senior citizen housing developments. In that it implemenr Program 3.4.1 of the City's Housing Element and Section 65915 of State Law, it is deemed consistent wi the General Plan. 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 depositic pattern will occur. No geological impacts will result from this Zone Code Amendment. 5 - 8. In that, no physical, site-specific development is proposed as part of this zone code amendment, I: impacts to air quality or climatological indices are expected. Each subsequent project process€ pursuant to the amended senior citizen housing regulations will be subject to individual, sit1 specific review that will evaluate potential impacts to water courses and the quality and quanti of various water sources. 9 - 10. No site-specific development is proposed with this ZCA. Therefore this zone code amendment wi not deplete any natural resources or other form of energy. 11. This zone code amendment is strictly administrative. As such, no site-specific project processe pursuant to the amended senior citizen housing regulations is proposed. Only a site-spec3 environmental review for a particular project could identify the existence of a significar archeological, paleontological, or historical structure or object on site. This is an administrativc non-project zone code 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 diversit of flora or fauna condition of ecosystems, or agricultural areas or farmlands are anticipated. Eac site-specific senior citizen housing project will be reviewed for possible biological-related impacr on a project-by-project basis. -6- 0 0 HUMAN ENVIRONMENT 17. This is a zone code amendment. No actual site-specific development is proposed as part of th project. This zone code amendment does not directly affect land use patterns as it only establisht the guidelines and procedures under which a senior citizen housing project may be applied for. Tk amended senior citizen housing regulations will not directly alter the present or planned land us of a specific area. Any fiture development application processed pursuant to these regulation shall be required to undergo specific environmental review. Any potential land use capabilit impacts shall be identified and adequately mitigated. 18-22. The amended senior citizen housing regulations are not associated with any specific developmen They will not substantially affect utilities, schools, police, fire, emergency or other public service The proposed program will not alter or result in the need for sewer, solid waste, hazardous was or other systems. The proposed amendment will not increase noise levels, light or glare or de with hazardous substances. Future projects processed pursuant to these regulations shall 1 required to address and adequately mitigate associated service and public facility impacts.. 23-24. The density of any residential area within the City will not be directly affected by this propost Zone Code Amendment, since it is strictly administrative. Although the total number of senic citizen units on a given site may be allowed to exceed that permitted per the General Pla potential impacts from density increases proposed through future senior citizen housing projec shall be required to be adequately mitigated. 25-30. The proposed amendment will not substantially affect parking, generate substantial traffic, or alt existing transportation systems. This proposed Zone Code Amendment is not affiliated with a specific development project and will not impact emergency evacuation response plans or increa traffic hazards to motorists, pedestrians and bicyclists. 31. In that no specific development is proposed with this Zone Code Amendment, no scenic vistas w be obstructed. Aesthetically offensive views will not be created by the implementation of tl proposed amended senior citizen housing regulations. 32. The proposed Zone Code Amendment will not affect the quality or quantity of existing recreation opportunities. Projects processed pursuant to these regulations shall still be required to provic recreational amenities, as necessary. -7- 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. Project alternatives are required when there is evidence that the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources Code Section 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A "significant effect" is defined as one which has a substantial adverse impact. If the project has "NO" significant impacts than there are no substantial adverse impacts and no justification for requiring a discussion of alternatives, (There is no alternative to no substantial adverse impact). This project has no significant impacts therefore no alternatives are required. -a- 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 NEGAT DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, because environmental effects of the proposed project have already been considered in conjunction M previously certified environmental documents and no additional environmental review is requir Therefore, a Notice of Determination has been prepared, - I find that although the proposed project could have a significant effect on the environment, there 1 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 ENVIRONMENT IMPACT REPORT is required. 4-26-93 &&A ~ Date Signatiire - Date --e- Planning Director LIST MITIGATING MEASURES (IF APPLICABLE] ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -9- a 0 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 CDD:km -10-