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Home My WebLink About2020-07-16; Windsor Pointe Affordable Housing Project - Final Environmental Review; |Barberio, Gary| Murphy, Jeff| de Cordova, David|To the members of the: Cl1Y COUNCIL Date~CA 1,.., cc~ CM~ ACM _ii__ DCM {3) L . Council Memorandum July 16, 2020 To: From: Via: Honorable Mayor Hall and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Development Director David de Cordova, Housing Services Man~er Geoff Patnoe, Assistant City Manager(Ge'. {city of Carlsbad Memo ID# 2020145 Re: Windsor Pointe Affordable Housing Project -Final Environmental Review On May 29, 2020, the Community Development Department provided a memorandum (Attachment A) that provided information related to an environmental document that was released to the public involving federal funding proposed for the Windsor Pointe housing project. This memorandum provides information on the outcome of the public review and final steps. Background On Jan. 28, 2020, the City Council approved a request from Affirmed Housing for financial assistance totaling $8,293,392 to acquire property and construct the SO-unit Windsor Pointe affordable housing project on two sites at Oak Avenue and Harding Street. As directed by the City Council, the financial assistance will be drawn from the city's affordable housing trust funds (Affordable Housing Trust Fund and S,uccessor Agency Housing Trust Fund). Additionally, the City Council authorized the use of CDBG funds to the extent they are available within the project development timeline, with a corresponding reduction to affordable housing trust funds assistance. The Windsor Pointe project was approved by the Planning Commission on Jan. 17, 2017. However, in order to use CDBG money for Windsor Pointe, environmental analysis under the National Environmental Policy Act (NEPA) must be completed before CDBG funds can be released to the project. Housing Services staff retained Ascent Environmental to prepare an Environmental Assessment (EA) that evaluates potential impacts. That e.valuation determined that the project will have no significant impact on the environment. The draft EA and supporting appendices were posted for the public's review on the city's website. Additionally, the EA was made available in other formats (hard copy or removable digital media) for anyone who requested it. Community Services Branch Housing Services Division 1200 Carlsbad Village Dr I Carlsbad, CA 92008 I 760-434-2810 Honorable Mayor Hall and Members of the City Council July 16, 2020 Page 2· Discussion Pursuant to federal regulations (24 CFR Part 58), staff issued a Notice of Finding of No Significant Impact/Notice of Intent to Request a Release of Funds on June 1, 2020, and amended the notice on June 4, 2020, to provide additional project information not contained in the first notice. Notices were posted on the city's website, published in the San Diego Union Tribune, mailed to public and resource agencies, mailed to property owners within 600 feet of the project sites, and emailed to interested persons who had previously provided comments on the project. The public comment period concluded on July 6, 2020, during which time the city received comments from 10 individuals. Most of the comments received opposed the project for reasons relating to the future residents that will be supported by the project (individuals with serious mental health issues), citing concerns about neighborhood compatibility, safety, perceived lack of community and supportive services, and loss in property values. One commenter supported the project and EA document. Since the comments received did not raise any substantive issues regarding the adequacy of the environmental analysis, no changes to the EA were required. The final environmental documents will be posted on the city's website at http://www.carlsbadca.gov/services/depts/planning/agendas.asp. The Community Development Director certified the final EA and submitted the Request Release of Funds (RROF) form to HUD on July 15, 2020. R.esidents who commented on the environmental document will be notified of the decision. Next Steps Objections to the certification or release of CDBG funds, if any, must be made directly to HUD within 15 days of HU D's receipt of the certification and RROF. No action on the environmental record or the request to release funds is required of the City Council. Attachment: A. May 29, 2020, City Council Memorandum cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Kristina Ray, Communication & Engagement Director Mike Peterson, Assistant Community Development Director Community Services Branch Housing Service Division 1200 Carlsbad Village Dr I Carlsbad, CA 92008 I 760-434-2810 To the members of the: Cl1Y COUNCIL Date 'i-2'1-U:.A ✓ CC ✓7 CM ✓ ACM v' DCM (3) _<,,• ... -- · Council Memorandum May 29, 2020 To: From: Honorable Mayor Hall and Members of the City Council Gary Barberio, Deputy' City Manager, Community Services Jeff Murphy, Community Development Director Via: David de Cordova, Housing Services Ma~er Geoff Patnoe, Assistant City Manager Gf,. Attachment A {city of Carlsbad Memo ID# 2020108 Re: Windsor Pointe Affordable Housing Project -Environmental Review Notice This memorandum provides information related to an environmental document that will be released to the public involving federal funding proposeq for the Windsor Point housing project. This is a requirement of the Department of Housing and Urban Development for any project proposing to use Community Development Block Grant funds. Background On Jan. 28, 2020, the City Council approved a request from Affirmed Housing for financial assistance totaling $8,293,392 to acquire property and construct the SO-unit Windsor Pointe affordable housing project on two sites at Oak Avenue and Harding Street. As directed by the City · Council, the financial assistance will be drawn from the city's affordable housing trust funds (Affordable Housing Trust Fund and Successor Agency Housing Trust Fund). Additionally, the City Councilauthorized the use of CDBG funds to the extent they are available within the project development timeline, with a corresponding reduction to affordable housing trust funds assistance. Discussion The Windsor Pointe project was approved by the Planning Commission on Jan. 17, 2017. As an affordable infill housing project, it was exempt from environmental review under the California Environmental Quality Act (CEQA). No federal financial assistance was requested at that time. However, with the City Council's recent authorization to contribute CDBG money to Windsor Pointe, environmental analysis under the National Environmental Policy Act (NEPA) must be completed before CDBG funds can be released to the project. Housing Services staff retained Ascent Environmental to prepare an Environmental Assessment • (EA) that evaluates potential impacts the project may have on the environmel")t. That evaluation determined that the project will have no significant impact on the environment. Pursuant to federal regulations (24 CFR Part 58), staff will issue a Notice of Finding of No Significant Impact I Notice of Intent to Request a Release of Funds, a copy of which is attached to this memo. The notice starts a 30-day review and comment period of the draft Environmental Assessment and supporting documents, from June 1 through July 1, 2020. Notice will be published on the city's . website and in the San Diego Union Tribune, and notices will be sent to interested parties , Honorable Mayor Hall and Members of the City Council May 29, 2020 Page 2 including public and resource agencies, property owners within 600 feet of the proposed project, and community members who have provided comment on the project. The environmental documents will be posted on the city1s website at: http://www.carlsbadca.gov/services/depts/planning/agendas.asp Upon request, staff will provide a copy of the environmental documents in another form to those who do not have internet access. Until July 1, 2020, comments may be submitted by mail or email to Housing Services ~taff as specified in the notice. Next Steps Comments received by the. conclusion of the public review period will be considered by staff prior to certifying the Environmental Assessment and submitting a request to the US Department of Housing and Urban Development (HUD) for release of CDBG funds. As a CDBG entitlement grantee, the City of Carlsbad is responsible for carrying out NEPA requirements on behalf of HUD. The Community Development Director is authorized as the Certifying Officer for executing NEPA Environmental Assessment documents. Objections to the certification or release of CDBG funds, if any, must be made directly to HUD as specified in the _attached notice. No action on the environmental record or the request to release funds is required of the City Council. Attachment: A. Notice of Finding of No Significant Impact/ Notice of Intent to Request a Release of Funds cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Kristina Ray, Communication & Engagement Director Mike Peterson, Assistant Community Development Director 1 ' June 1, 2020 Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA, 92008 (760) 434-2935 Attachment A These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Carlsbad, California. REQUEST FOR RELEASE OF FUNDS On or about July 2, 2020 the City of Carlsbad will submit a request to HUD for the release of Community Development Block Grant (CDBG) funds under Title 1 of the Housing and Community Development Act of 1974, to undertake a project lmown as Windsor Pointe for the purpose of constructing 50 affordable multifamily housing units aimed at providing housing for homeless and lower income veterans and their families, with an estimated cost of $33,147,916, in the City of Carlsbad. FINDING OF NO SIGNIFICANT IMP ACT The City of Carlsbad has determined that the project will have no significant impact on the human environment. Thel·efore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR). The ERR will be made available to the public for review on the City of Carlsbad website at: http://www.carlsbadca.gov/services/depts/planning/agendas.asp. If you do not have access to the internet, you may contact Housing Services Manager David de Cordova at the phone number below to request a copy of the ERR on a USB drive. The city has a limited number of physical copies of the ERR that are available for persons who do not have access to a computer by contacting Mr. de Cordova at the email or phone number below. Staff will arrange a time that the physical copy will be provided to you for pick-up at the designated location outside the City of Carlsbad Housing Services office, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Please submit your request to: david.decordova@carlsbadca.gov, or (760) 434-2935. The ERR can be accessed online at: http://www.carlsbadca.gov/services/depts/planning/agendas.asp. . ! I I I PUBLIC COMMENTS - Any individual, group, or agency may submit written comments on the ERR by mail to the City of Carlsbad Community Development Depaitment, Housing Services Division, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email at david.decordova@carlsbadca.gov. All comments received by July 1, 2020 will be considered by the City of Cai·lsbad prior to authorizing . submission of a request for release of funds. Comments should specify which Notice they are addressing. ENVIRONMENTAL CERTIFICATION . The City of Carlsbad certifies to HUD that Jeff Murphy in his capacity as Community Development Director consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Carlsbad to use Program funds. · OBJECTIONS TO RELEASE OF FUNDS HUD will accepf objections to its release of funds and the City of Carlsbad's certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Carlsbad; (b) the City of Carlsbad has omitted a · step or failed to make a decision or finding required by HUD regulations at 24 CFR pai158; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or ( d) ai1other Federal agency acting pursuant to 40 CFR Part 15 04 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted via email in accordance.with the required procedures (24 CFR Pait 58, Sec. 58.76) and shall be addressed to the HUD CPD Los Angeles . Field Office at CPDLA@hud.gov. Potential objectors should contact the HUD CPD Los Angeles Field Office via email _at CPDLA@hud.gov to verify the actual last day of the objection period. • Jeff Murphy, Community Development Director City of Cai·lsbad Certifying Officer