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Home My WebLink About1994-05-18; Planning Commission; Resolution 35617 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0 e PLANNING COMMISSION RESOLUTION NO. 3561 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 VARIOUS CHAPTERS AND SECTIONS OF THE CARLSBAD MUNICIPAL CODE (TITLE 21) TO: (1) ADD MANAGED LMNG UNITS AS A PERMITTED CONDITIONAL USE IN THE R-T, C-1, C-2, C-T, P-Cy AND P-M ZONES, (2) ESTABLISH DEVELOPMENT AND DESIGN REGULATIONS (INCLUDING PARKING STANDARDS) FOR MANAGED LMNG UNIT PROJECTS, (3) LIMIT APPROVALS TO 500 ROOMS/5 YEARS UNLESS THE MANAGED LMNG UNIT ORDINANCE IS EXTENDED FOLLOWING A COMPREHENSIVE REVIEW, (4) ADD MANAGED LMNG UNIT AS AN ADDITIONAL TERM DEFINED AND TO AMEND TITLE 3, SECTION 3.12.020(1) LMNG UNIT OF A MANAGED LMNG UNIT TO THE DEFINITION OF A HOTEL. CASE NAME: MANAGED LMNG UNITS CASE NO: ZCA 91-01 WHEREAS, the Planning Commission did on the 4th day of May, 1994, anc on the 18th day of May, 1994, hold a duly noticed public hearing as prescribed by law OF THE CARLSBAD MUNICIPAL CODE TO ADD NON-RESTRICTED 15 to consider said request, and 16 18 testimony and arguments, examining the initial study, analyzing the infomatior 17 WHEREAS, at said public hearing, upon hearing and considering al submitted by staff, and considering any written comments received, the Planninj 19 Commission considered all factors relating to the Negative Declaration. 20 a I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 22 as follows: 23 25 B) That based on the evidence presented at the public hearing, the Planning 24 A) That the foregoing recitations are true and correct. Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit "ND", dated December 19, 1991, and "PII", dated December 5, 1991, 26 attached hereto and made a part hereof, based on the following findings: 27 11 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 FhditlES: 1. The initial study shows that there is no substantial evidence that the proposc zone code amendment may have a significant impact on the environment. 2. The proposed zone code amendment is not associated with any developrne project and therefore will not have a significant adverse impact on tl environment. 3. Any future Managed Living Unit project proposal which is processed subject to tl development standards contained within this proposed ordinance, shall be requirt to undergo site-specific environmental review. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni~ Commission of the City of Carlsbad, California, held on the 18th day of May, 1994, € the following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Noble Welshons. NOES: Commissioners: Betz, Erwin & Hall. ABSENT: None. ABSTAIN: None. n ATTEST: PEGGfd&ARY, Chairpedn CARLSBAD PLANNING-COMMISSION a PLANNING DIRECTOR PC RES0 NO. 3561 -2- a 0 NEGATNE DECLARATION PROJECT ADDRESS/LOCATION: Zone Code Amendment to be implemented Citywide PROJECT DESCRIPTION: Amendments to various chapters and sections of the Carlsbad Municipal Code (Title 21) to: (1) Add managed living units as a permitted conditional use in the R-T, C-1, C-2, C-T, P-C and PM Zones, (2) Establish development and design regulations (including parking and floor area ratio standards) for managed living unit projects, (3) Add managed living unit, floor area ratio, gross floor areas, gross lot area, and net lot area as additional terms defined, and (4) Limit approvals to 500 rooms/5 years unless the Managed Living Unit Ordinance is extended following a comprehensive review. 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 Phning Department at 438-1161, extension 4445. \ DATED: DECEMBER 19,1991 CASE NO: ZCA 91-1 Planning Director APPLICANT: MANAGED LMNG UNITS PUBLISH DATE: DECEMBER 19, 1991 CDD:lh:vd 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 6 e 0 IENVTR0I"ENT~ IMPACT ASSESSMENT FORM - PART KI (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. ZCA 91-1 DATE: DECEMBER 5.19 BACKGROUND 1. CASE NAME: MANAGED LMNG UNITS - ZCA-91-1 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DM CARLSBAD. CA 92009 (619) 438-1161 4. DATE EIA FORM PART I SUBMITTED: JANUARY 31.1991 5. PROJECT DESCRIPTION: Amendments to various chapters and sections of the Carlsb Municipal Code (Title 21) to: (1) Add mananed living units as a permitted conditional use the RT. C-1. C-2, C-T. PC and PM Zones. (2) Establish development and design renulatio lincluding oarking and floor area ratio standards) for Managed Living Units and 13) At managed living unit, floor area ratio. voss floor area. noss lot area and net lot area additional terms defined. (4) Limit approvals to 500 rooms/5 years unless the MLU Ordinan is extended followinn a comprehensive review. ENVTRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct i Environmental Impact Assessment to determine if a project may have a significant effect on the enviromner 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 a provides the City with information to use as the basis for deciding whether to prepare an Environment [mpact 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 check6 to indicate this determination. t An EIR must be prepared if the City determines that there is substantial evidence that any aspect of tl project may cause a sianificant effect on the environment. The project may qualifv for a Negatil Declaration however, if adverse impacts are mitigated so that environmental effects can be deemr insignificant. These findings are shown in the checklist under the headings 'YES-sig" and "YES-insi respectively. i discussion of potential impacts and the proposed mitigation measures appears at the end of the form undf >ISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussir nitigation for impacts which would otherwise be determined significant. 0 0 PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECIZY: 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)? YES big) - - - - - - - 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- YES (big) - - - - - - - - - - - NO X - X - X - X - X - X - - .X X X X - - X 0 c BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES (si@ 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 nonnal 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 organism 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 DIRECI'LY OR INDIRECTLY 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fie, emergency or other public services? - YES (*I - - -3- YES (hi@ - - - - - YES (insig) - - NO X - X - X - X X - NO X - X - 0 HUMANWONMENT WILL THE PROPOSAL DIRECIZY OR INDIRECTLY 19. Result in the need for new or modified 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. 25. 26. 27. !8. 29. 30. tl. 12. 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 0 YES big) - - - - - - - - - - - - - - YES (big) - - - - - - - - - - - - - - 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 (si& (hi& 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 ~~mmunity, 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 This project is a zone code amendment (ZCA) to the Carlsbad Municipal Code (Title 21) to add Managed Living Units as permitted conditional uses in specific non-residential zones (RT, CT, C-1, C-2, PC and PM) within the City. A Managed Living Unit is a cross between a residential hotel and a living unit which includes guestrooms with a minimum floor area of 150 sq. ft. in which a partial kitchen and bathroom is included and where guestroom occupancy is restricted to no more than two persons. Recent State Legislation (Health and Safety Code Section 17958.1) allows local municipalities to pennit, by ordinance, Managed Living Units. Implementing Program 3.7b (Alternative Housing) of the City's revised Housing Element (October 22, 1991), this ZCA will also develop regulations for the review of Managed Living Unit projects. These standards and guidelines set forth location criteria, design standards and development standards for subsequent site-specific Managed Living Unit projects proposed within the City. This new ordinance will ensure that all Managed Living Unit projects are properly regulated, operated, maintained, and secured, as well as ensure that any future development is done in a safe and responsible manner. Since this ZCA does not entail any project specific development, there will be no direct environmental impact resulting from this action. Any future Managed Living Unit project proposal processed subject to the recommended development standards, contained herein, shall be required to undergo site-specific environmental review. In accordance, this project (ZCA 91-1) is not anticipated to result in any significant environmental impacts. PHYSICAL ENVIRONMENT 1 - 4 As no site-specific project is proposed as part of this zone code amendment? no changes in topography resulting in unstable earth conditions, erosion of soils, or alteration of deposition 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, no impacts to air quality or climatological indices are expected. Each subsequent managed living unit project will be subject to individual, site-specific review that will evaluate potential impacts to water courses and the quality and quantity of various water sources. 9 - 10 No site-specific development is proposed with this ZCA. Therefore this zone code amendment will not deplete any natural resources or other form of energy. 11 This zone code amendment is strictly administrative. As such, no site-specific managed living unit project is proposed. Only a site-specific environmental review for a particular managed living unit could identify the existence of a significant archeological, paleontological, or historical structure or object on site. This is an administrative, non- project zone code amendment, therefore, it has no impact on historical resources. lIOLOGICAL 12 - 16 Because this zone code amendment proposes no actual development, no impacts to the diversity of flora or fauna condition of ecosystems, or agricultural areas or farmlands are anticipated. -Each site-specific managed living unit project will be reviewed for possible biological-related impacts on a project-by-project basis. -6- e e HUMAN ENVIRONMENT 17 This is a zone code amendment. No actual site-specific development is proposed as part of this project. This zone code amendment does not affect land use patterns as it merely establishes the zones where a specific use may be located and under what conditions that use may be developed. A Managed Living Unit is a new class of land use; a subclass of existing hotel, which is proposed to be permitted only in those zones which currently permit hotel uses. They will be considered similarly as hotel rooms, and do not qualifv as residential dwelling units. 18 - 19 This zone code amendment which provides for managed living unit development in designat zones within the City does not affect the supply or demand for any public utilities or servic Demand for these facilities or services would be addressed on a site-specific basis, at the ti that a project is proposed. 20 - 22 since no site specific development is associated with this zone code amendment, no site related nuisances such as, excessive noise, light and glare, releases of hazardous substances, and explosions will occur. 23 - 24 This zone code amendment provides for managed living units to be permitted in designated zones. Managed living units are a commercial use which will be a source of affordable housing. However, as a commercial use, they will not effect density caps or substantially alter density of the human population of an area.' This housing type will not create a demand for additional housing. It is the intent of this ordinance to provide standards for the development of a new affordable shelter alternative within the City. 25 As this zone code amendment does not involve any physical development, no traffic is generated. Individual, site-specific managed living units however, will undergo site-specific environmental review that will evaluate potential traffic generation impacts. 26 The parking standards recommended as part of the managed living unit zone code amendment were researched and analyzed. Based upon this research the parking standards proposed within this ZCA appear adequate.. Parking will be commensurate with the need generated by guests of these facilities and no offsite effects are anticipated. 27 - 30 Since this zone code amendment does not propose site-specific development,,no impacts to existing transportation systems or waterborne, rail, or air traffic will occur. The possibility of a specific managed living unit project producing traffic hazards or interfering with emergency circulation plans will be evaluated on a project-by-project basis. 31 - 32 This zone code amendment does not involve physical development. In accordance, no degradation of the environmental habitat of fish or wildlife will result. Individual, site- specific projects will undergo environmental review on a project-by-project basis. 34 - 36 Since this project doe.. not propose any site-specific development, and as indicated above, does not affect geological, biological, or cultural resources, neither long term or cumulative, significant environmental impacts will result from this project. -7- 0 0 ANALYSIS OF VIABLE ALTERNATlvES TO THE PROPOSED PROJECT SUCH As: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. . d) alternate uses for the site, A) Phasing the implementation of this proposed zone code amendment (ZCA) will not substantially reduce environmental impacts associated with the comprehensive implementation of this ZCA. Ordinance provides phasing - limit of 500 rooms and five years with evaluation and review preceeding any extension. B) WA C) WA D) This proposed ZCA will be implemented Citywide. There is no specific site involved/actual development proposed. E) This ZCA implements Program 3.7.b. (Alternative Housing) of the City's Revised Housing Element (Oct. 22,1991). Without the implementation of this housing program, managed living units as an alternative housing type within the City would not be feasible. (F) Managed living units are regarded as commercial uses. To ensure proper siting/land use compatibility this ZCA has been crafted to permit' such uses as conditional uses in commercial zones. (G) The no project alternative would not substantially effect the environmental findings for this project. CDD:lh:vd -8- 0 a 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 NEGATR - I find that the proposed project COULD NOT have a sigmficant effect on the environment, because tl DECLARATION will be prepared. environmental effects of the proposed project have already been considered in conjunction wi previously certified environmental documents and no additional environmental review is require Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there w 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 ENVIRONMENT1 IMPACT REPORT is required. I 21 15 h/ G ll&Jo Date Signature ).Ji3/7l Date [ST MITIGATING MEASURES (IF APPLICABLE) TACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -9- ,t 0 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 -10-