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HomeMy WebLinkAbout2014-02-19; Planning Commission; ; ZCA 11-07A|LCPA 11-08A - TRANSITIONAL AND SUPPORTIVE HOUSING The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: February 19, 2014 Project Planner: Pam Drew Project Engineer: N/A SUBJECT: ZCA 11-07(A)/LCPA 11-08(A) – TRANSITIONAL AND SUPPORTIVE HOUSING – Request for a determination that the amendments are within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03- 02) and a recommendation of approval for a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that specifies the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing definitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regarding transitional housing and supportive housing. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7036 RECOMMENDING APPROVAL of ZCA 11-07(A) and LCPA 11-08(A) based on the findings contained therein. II. BACKGROUND AND PROJECT DESCRIPTION In 2012 the City Council approved land use changes to implement four Housing Element programs regarding Farmworker Housing, Emergency Shelters, Transitional and Supportive Housing, and Managed Living Units from the existing adopted 2005-2010 Housing Element (extended through 2013) through amendments to the Zoning Ordinance, Village Master Plan and Design Manual, and Local Coastal Program. Implementation of the programs is necessary to comply with state law. State law requires cities to facilitate and encourage development of a variety of housing for all income levels. On June 14, 2012, the Housing Commission voted 3-0-2 (Commissioners Bradwell and Kirk absent) to recommend approval of the four housing element programs (“project”). No members of the public spoke. On July 3, 2012, the Planning Commission voted 5-0-2 (Commissioners Nygaard and Scully absent) to recommend approval of the project. One speaker, a representative from Community Housing Works, gave public testimony, including information on transitional and supportive housing. On September 25, 2012, the City Council voted 4-0-1 (Council Member Kulchin absent) approving the project. On October 31, 2012, staff submitted the four Housing Element programs to the California Coastal Commission (CCC) for approval of the corresponding Local Coastal Program Amendments (LCPA). In August 2013, during the State Housing and Community Development Department’s (HCD) review of the city’s 2013-2021 Housing Element, it was brought to staff’s attention that the city was not in 1 ZCA 11-07(A)/LCPA 11-08(A) – TRANSITIONAL AND SUPPORTIVING HOUSING February 19, 2014 Page 2 compliance with Senate Bill (SB) 2, adopted October 13, 2007, in regard to transitional and supportive housing. In order to comply with SB 2, the city must amend the transitional and supportive housing ordinance to remove the text that states the specific number of persons allowed per transitional and supportive housing unit (i.e., 6 or fewer and 7 or above) and revise the definitions as follows: “Transitional housing” means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. "Supportive housing" means housing with no limit on length of stay that is occupied by the target population (as defined in state Health and Safety Code Section 50675.14 (b)(3) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. III. ANALYSIS A. General Plan The General Plan contains a framework of land use and housing goals, objectives, policies and programs. Provided below is a summary of how the proposed amendments comply with the relevant parts of this policy framework. See Table A below. TABLE A – SUMMARY OF PROPOSED AMENDMENTS ELEMENT STANDARD PROJECT COMPLY? Land Use “To provide for the social and economic needs of the community in conjunction with permitted land uses” (Land Use Element Overall Land Use Pattern Objective B.3). Proposed amendments provide housing to transition and move people into permanent, supportive, and independent living situations. Yes Land Use “A City which provides for a variety of housing types and density ranges to meet the diverse economic and social requirements of residents…” (Land Use Element Residential – Goal A.1). Proposed amendments provide housing to transition and move people into permanent, supportive, and independent living situations. Transitional and supportive housing can take the form of a variety of housing types, including single-family and multi-family units. Yes ZCA 11-07(A)/LCPA 11-08(A) – TRANSITIONAL AND SUPPORTIVING HOUSING February 19, 2014 Page 3 TABLE A – SUMMARY OF PROPOSED AMENDMENTS ELEMENT STANDARD PROJECT COMPLY? Housing “Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households” (Housing Element Goal 3). Transitional and supportive housing would be permitted in all zones that allow residential uses. Overall, the amendments assist the city in meeting state objectives to provide a variety of housing for persons of all income levels and special housing needs. Yes Housing “The City will amend the Zoning Ordinance to address transitional and supportive housing” (Housing Element Program 3.15). The proposed amendment would revise the Zoning Ordinance to define and permit transitional and supportive housing in all zones that allow residential uses. Yes B. Local Coastal Program Amendment The policies of the Local Coastal Program emphasize topics such as preservation of scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed amendments to the Zoning Ordinance would be consistent with the policies of the Local Coastal Program, including the public access and recreation policies of Chapter 3 of the Coastal Act. The amendments only propose land use standards (no development), and do not change or conflict with Coastal Act requirements to protect water-oriented recreation or public views, maintain public access, and maintain biological resources. Furthermore, the amendments will not conflict with any coastal zone regulations, land use designations or policies with which development must comply. The proposed amendments do not exempt development from a Coastal Development Permit that is not otherwise exempt. A Coastal Development Permit will still be required for applicable development and discretionary review would ensure that the proposed development is consistent with the policies of the Local Coastal Program. By processing this Local Coastal Program Amendment, consistency between the city’s Zoning Ordinance and Local Coastal Program would be maintained. Given the above, regulations governing housing for transitional and supportive housing are consistent with the Local Coastal Program. C. Airport Land Use Compatibility Plan Transitional and supportive housing would be permitted in areas near McClellan-Palomar Airport. Accordingly, a compatibility analysis of these proposed uses with the airport’s Land Use Compatibility Plan (ALUCP) is required. For example, where a use may be permitted by city zoning, it could be precluded by the ALUCP because of airport safety and noise considerations. Therefore, this analysis is necessary in part to ensure there are adequate sites available for these uses that are not incompatible with airport safety and noise restrictions. Transitional and supportive housing would be permitted in all zones that allow residential uses. In relation to the airport, these zones are mostly developed and are compatible with airport safety zones. Most residential areas of the city are also outside (below) the 60 dB exterior airport noise contour and ZCA 11-07(A)/LCPA 11-08(A) – TRANSITIONAL AND SUPPORTIVING HOUSING February 19, 2014 Page 4 therefore not subject to the noise provisions of the ALUCP. Limited exceptions occur in existing developments west of the airport and south of Palomar Airport Road. Here, exterior noise generated by airplanes must be attenuated to an acceptable indoor noise level; this can be accomplished typically through standard construction methods. Based on the above analysis, the project is compatible with the ALUCP. D. Growth Management The Growth Management Program, in accordance with Proposition E, establishes dwelling unit caps for each quadrant in the city. The city regularly tracks residential development to ensure these caps are not exceeded. The Zoning Ordinance defines “dwelling unit” as “one or more rooms in a dwelling or apartment house and designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.” The Zoning Ordinance defines “family” as, in part, “one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit...” Transitional and supportive housing would be considered dwelling units per Government Code Section 65583(a)(5), which states, “Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.” All housing types, whether or not dwelling unit limitations apply, would need to comply with all other Growth Management standards, such as those requiring adequate sewer and water facilities. IV. ENVIRONMENTAL REVIEW The proposed code amendments are minor and involve no physical modifications and fall within the scope of a previously approved Mitigated Negative Declaration (MND – SCH #2006051076) reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the amendments that were not previously examined and evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 comprehensively evaluated the potential environmental effects of future housing facilitated by implementation of Housing Element programs, including transitional and supportive housing. The proposed amendments are consistent with and would have no effects beyond those analyzed in the MND. This project is within the scope of the MND for GPA 03-02 and no further CEQA compliance is required. The MND for GPA 03-02 is available at the Planning Division. ATTACHMENTS: 1. Planning Commission Resolution No. 7036 2. Strikeout/underline version of proposed Zoning Ordinance changes for Transitional and Supportive Housing (ZCA 11-07(A)/LCPA 11-08(A) – Transitional and Supportive Housing) 1 ZCA 11-07(A)/LCPA 11-08(A) TRANSITIONAL AND SUPPORTIVE HOUSING STRIKE-OUT/UNDERLINE AMENDMENTS TO CHAPTER 21.04 21.04.355.1 Section 21.04.355.1 (Definitions, “Supportive Housing”) is proposed to be added as follows: 21.04.355.1 "Supportive housing" means housing with no limit on length of stay that is occupied by the target population (as defined in state Health and Safety Code Section 50675.14 (b)(3) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. 21.04.362 Section 21.04.362 (Definitions, “Transitional Housing”) is proposed to be added as follows: 21.04.362 “Transitional housing” means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. AMENDMENTS TO CHAPTER 21.08 21.08.020 Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.09 21.09.020 Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: ATTACHMENT 2 2 Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.10 21.10.020 Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.12 21.12.020 Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.16 21.16.020 Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.355.1) 2 3 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.362) 2 AMENDMENTS TO CHAPTER 21.18 21.18.020 Table B of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.355.1) 2 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.362) 2 AMENDMENTS TO CHAPTER 21.20 21.20.020 Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.22 21.22.020 Table A of Section 21.22.010 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X 4 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.24 21.24.020 Table A of Section 21.24.010 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.355.1) 2 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.362) 2 AMENDMENTS TO CHAPTER 21.26 21.26.015 Section 21.26.015 (Residential uses in the C-1 Zone) is proposed to be amended by adding subsection D as follows: D. Residential uses shall include residential care facilities (serving six or fewer persons), supportive housing, and transitional housing,. each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.28 21.28.015 Section 21.28.015 (Residential uses in the C-2 Zone) is proposed to be amended by adding subsection D as follows: D. Residential uses shall include residential care facilities (serving six or fewer persons),, supportive housing, and transitional housing,. each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.31 21.31.065 5 Section 21.31.065 (Residential uses in the C-L Zone) is proposed to be amended by adding subsection D as follows: D. Residential uses shall include residential care facilities (serving six or fewer persons),, supportive housing, and transitional housing,. each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.37 21.37.020 Table A of Section 21.37.020 (RMHP Residential Mobile Home Park, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.42 21.42.140 Section 21.42.140 B. 125 is proposed to be amended as follows: 125. Residential Care Facilities, Supportive Housing, and Transitional Housing (all serving more than six persons): a. Facilities shall comply with all the rules, regulations and standards required by the State Department of Social Services. b. Facilities shall meet current California Code of Regulations (Title 24) for occupancy, as defined. c. Facilities shall provide off-street parking as required in Chapter 21.44 of this title. d. Additional requirements and restrictions may be imposed as determined necessary by the decision-making authority to ensure facilities meet the findings stated in Section 21.42.030. These requirements and restrictions may include provisions regarding but not limited to the following items: 1. Hours of operation, such as for deliveries and other services 2. Noise 3. Lighting 4. Location and screening of parking, service, and other outdoor areas 5. Security 6. Loitering 6 AMENDMENTS TO CHAPTER 21.44 21.24.020 Table A in Section 21.44.020 (Number of Off-street Parking Spaces Required) is proposed to be amended by adding deleting the following uses to from the end of the list of “Residential Uses.” as follows: USE NUMBER OF OFF-STREET PARKING SPACES Residential Uses Supportive Housing (serving more than six persons) 2 spaces, plus 1 space/three beds Transitional Housing (serving more than six persons) 2 spaces, plus 1 space/three beds The description “for other residential uses or care facilities (e.g., housing for senior citizens, hospitals, residential care facilities, etc.)” found in Table B (Parking Space and Areas) of Section 21.44.020 050 A (Parking Space and Areas) is proposed to be amended to read as follows: SUBJECT REQUIREMENT Location of required parking For other residential uses or care facilities (e.g., housing for senior citizens, hospitals, and, when serving more than six persons, residential care facilities, etc.,. supportive housing, and transitional housing) Not more than 150 feet walking distance from the nearest point of the parking facility to the nearest point of the building that the parking facility is required to serve.