HomeMy WebLinkAboutLCPA 02-08; Senior Housing Ordinance Amendment; Local Coastal Program Amendment (LCPA)- 4
rhe City of Garlsbad Planning Departmt-.
A REPORT TO THE PLANNING COMMISSION
Item No. @
Application complete date: July 30,2002
Project Planner: Jennifer Coon
P.C. AGENDA OF: April 16,2003 I Project Engineer: N/A
SUBJECT: ZCA 02-04LCPA 02-08 - HOUSING FOR SENIOR CITIZENS
ORDINANCE AMENDMENT - Request for a recommendation to the City
Council to adopt a Negative Declaration, and approve a Zone Code Amendment
and Local Coastal Program Amendment to amend the regulations for housing for
senior citizens to be consistent with State and Federal law, relocate said
regulations to a new chapter in the Zoning Ordinance, amend various sections of
the Zoning Ordinance to reference the new chapter number, amend the Planned
Developments regulations to specify what regulations are or are not applicable to
housing for senior citizens, amend the parking requirement for housing for senior
citizens and amend other various regulations relating to housing for senior
citizens for clarification and consistency.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5380, 5381 and
5382, RECOMMENDING ADOPTION of a Negative Declaration, and RECOMMENDING
APPROVAL of a Zone Code Amendment (ZCA 02-04) and Local Coastal Program
Amendment (LCPA 02-08), based on the findings contained therein.
11. INTRODUCTION
On January 1,2001 Senate Bill (SB) 2011 became effective, which amended Sections 51.2, 51.3
and 51.4 of the California Civil Code relating to senior citizen housing. Also, in 1995, an
amendment occurred in the Federal Fair Housing Act and Federal Code of Regulations. Staff is
proposing an amendment to the Zoning Ordinance to ensure the City’s regulations for housing
for senior citizens are consistent with State and Federal law.
After reviewing the City’s current senior housing regulations, staff identified the need for
additional amendments to the Zoning Ordinance other than the incorporation of regulations from
State and Federal laws. The additional amendments include the need to create a new chapter for
housing for senior citizens, amend the Planned Developments regulations and increase the
parking requirements for housing for senior citizens.
The Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP);
therefore an LCP amendment is necessary. However, no portion of the LCP land use plan
document is being amended.
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ZCA 02-04LCPA 02-08 4- &USING FOR SENIOR CITIZENS ORLA, 4ANCE AMENDMENT
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111. PROJECT DESCRIPTION AND BACKGROUND
Project Description
The project consists of a Zone Code Amendment and Local Coastal Program Amendment to
amend the housing for senior citizens regulations in the Zoning Ordinance. The project does not
involve any one particular property; it is an amendment to Zoning Ordinance regulations that
will effect future development of housing for senior citizens on a citywide basis. The project
involves the following:
A. Incorporate regulations relating to housing for senior citizens from the California Civil
Code, Federal Fair Housing Act and Federal Code of Regulations into the City’s existing
senior housing regulations;
B. Relocate the senior housing regulations from Section 21.18.045 to a new chapter in the
Zoning Ordinance, which will be dedicated solely to housing for senior citizens;
C. Amend sections of the Zoning Ordinance to refer to the new housing for senior citizens
chapter;
D. Increase the resident parking requirement for housing for senior citizens from 1 resident
parking space per every 2 units to 1 resident parking space per every unit;
E. Increase the guest parking requirement for housing for senior citizens from 1 total guest
parking space to 1 guest parking space per every 5 units;
F. Amend existing senior housing regulations to consolidate the findings for a site
development plan;
G. Other minor amendments to existing regulations relating to housing for senior citizens to
H. Amend portions of the‘Planned Development regulations (Chapter 2 1.45) to specify what
provide clarification and consistency with other code provisions; and
regulations are or are not applicable to housing for senior citizens.
Background
The proposed Zone Code Amendment was initiated to ensure that the City’s senior housing
regulations are consistent with State and Federal laws. Effective January 1, 2001, SB 2011
amended sections of the California Civil Code relating to housing for senior citizens, and in
1995, the Federal Fair Housing Act and Federal Code of Regulations were amended.
The amendments to the California Civil Code included various new or revised definitions, which
included a revised definition for “senior citizen housing development.” The amendments also
included development requirements intended to ensure that housing is designed to meet the
physical and social needs of senior citizens.
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The amendment to the Federal Fair Housing Act and Federal Code of Regulations involved the
deletion of a requirement for “significant facilities and services” to meet the needs of senior
citizens in senior housing projects that permit persons 55 years of age or older.
The proposed amendment to the Zoning Ordinance incorporates the definitions and requirements
as specified in the California Civil Code, and the provisions from Federal law pertaining to
housing for senior citizens.
IV. ANALYSIS
A. Incorporation of California Civil Code and Federal law regulations relating
to housing for senior citizens.
The City’s current senior housing regulations provide a mechanism and standards for the
development of housing for senior citizens. The regulations include definitions for what housing
for senior citizens means and definitions for occupants allowed to reside in housing for senior
citizens. Also the current regulations provide minimum development standards to ensure that the
needs of senior citizens are met.
There are approximately eight definitions from the Civil Code being added to the housing for
senior citizens regulations. The most significant of these definitions is that of “senior citizen
housing development,” which now requires a development, which permits persons 55 years of
age or older, to have at least 35 dwelling units to be considered senior citizen housing.
In addition to the definition for “senior citizen housing development,” other definitions being
added from the Civil Code primarily define who qualifies to occupy senior citizen housing @e.,
“qualified resident,” “qualified permanent resident” and ‘‘permitted health care resident”).
The City’s current regulations include definitions from Federal law for housing for senior
citizens. Those definitions are remaining, and are being incorporated with the new definitions
from the Civil Code. As mentioned above, Federal law was amended to no longer require
“significant facilities and services” in housing projects that allow persons 55 years of age or
older. Staff is recommending the City’s current definition of housing for senior citizens be
amended to reflect this change. However, staff recommends that rather than remove the
requirement all together, that the City “encourage” the provision of facilities and services to meet
the needs of senior citizens, but not require it. The standard has been moved from the definitions
to the development standards section of the Housing for Senior Citizens chapter. (See
Comparison Chart Ref. No. 13 and 25 - Attachment 7.)
The format of the definitions has been modified not only to incorporate the definitions from State
and Federal law, but also to clarify that there are two different categories of housing for senior
citizens. One category is housing that is occupied solely by persons 62 years of age or older. In
this category, there is no provision in State or Federal law to allow anyone under 62 years of age,
with the exception of employees of the housing community, to occupy a unit.
The second category of housing for senior citizens is housing that is occupied by persons 55
years of age or older. In this category, State and Federal law have established provisions and
criteria to allow persons less that 55 years of age to occupy a unit. State law calls this type of
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ZCA 02-04LCPA 02-08 --I ,USING FOR SENIOR CITIZENS ORL .tANCE AMENDMENT April 16,2003
housing a “senior citizen housing development,” and requires that there be a minimum of 35
dwelling units. Federal law requires housing occupied by persons 55 years of age or older to
ensure that at least 80 percent of the occupied units are occupied by at least one person who is 55
years of age or older.
In addition to new and modified definitions, there are also approximately five new development
standards for project design from the Civil Code being added to the City’s regulations. The
purpose of these requirements is to ensure that housing for senior citizens is designed to meet the
physical and social needs of senior citizens. These standards require walkways to be designed to
accommodate a wheelchair and be equipped with grab bars and sufficient lighting. Also, trash
collection areas must be provided in a manner that requires a minimum of physical exertion by
residents.
The City’s current regulations require a development to comply with building codes and
handicap access requirements. However, the Civil Code has added an additional standard to
encourage the implementation of the principles of Universal Design in housing for senior
citizens. The principles of Universal Design were established by the Center for Universal
Design at the North Carolina State University. The Universal Design principles consist primarily
of designing housing to be “adaptable” for handicap occupancy.
An adaptable dwelling unit has all accessible features that a fixed accessible unit has but allows
some items to be omitted or concealed until needed so the dwelling unit can be better matched to
individual needs when occupied. Wide doors, no steps, knee spaces, control and switch
locations, grab bar reinforcing and other access features are built-in to an adaptable unit.
However, grab bars can be omitted and installed when needed, knee space can be concealed by a
removable base cabinet and counter tops and closet rods can be placed on adjustable supports
rather than fixed at lower heights. As the Civil Code encourages these design principles, the
City’s regulations are proposed to be amended to also encourage these design principles but not
require them.
The Civil Code also requires housing for senior citizens to establish CC&Rs and other
documents or written policies that set forth the limitations on occupancy or use on the basis of
age. These requirements are also proposed to be added to the City’s regulations. Requirements
for CC&Rs or other written policies would become conditions of approval of a housing for
senior citizens project.
A chart is attached (Attachment 7) that compares the existing senior housing regulations with
those being incorporated from the Civil Code and Federal law. The chart explains what is new,
what is being modified and why. See Comparison Chart (Attachment 7) Ref. No. 14,27,29,30
and 65 for new definitions and standards.
B. Relocate the senior housing regulations from Section 21.18.045 to a new
chapter in the Zoning Ordinance.
While reviewing the City’s current senior housing regulations to incorporate the changes in the
State and Federal law, staff identified a need to relocate the regulations from a section within the
R-P Zone chapter (Section 21.18.045) to a new chapter dedicated solely ,to housing for senior
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ZCA 02-04LCPA 02-08 -- JUSING FOR SENIOR CITIZENS OR .JANCE AMENDMENT April 16,2003
citizens. Creating a new chapter for housing for senior citizens regulations will make the Zoning
Ordinance user-friendlier.
Housing for senior citizens is permitted in several residential zones, not just the R-P zone,
therefore, it is not obvious to look in the R-P zone regulations to find development regulations
for housing for senior citizens. The Zoning Ordinance currently has various separate chapters
that apply to one specific type of regulation, which is applicable in various zones (i.e., Child
Care, Parking, Signs, Adult Entertainment, etc.).
Therefore, staff is recommending the regulations for housing for senior citizens be relocated to a
new chapter: A draft of the proposed chapter is attached (see pg. 8 of
Attachment 6).
Chapter 21.84.
C. Amend sections of Zoning Ordinance to refer to new housing for senior
citizens chapter.
By creating a new chapter for housing for senior citizens regulations in the Zoning Ordinance,
several references to the section where the regulations are currently located will become
incorrect. Therefore, it is necessary to amend each reference to the existing section number and
replace it with a reference to the new chapter number (see Comparison Chart Ref No. 76 -
Attachment 7).
D. Increase the resident parking requirement for housing for senior citizens.
After reviewing the current parking requirements for housing for senior citizens, researching
other parking requirements of various city jurisdictions in San Diego County and California, and
reviewing census data on the average number of vehicles owned by senior citizens, staff is
recommending the parking requirements for housing for senior citizens be increased.
Currently, the Parking regulations in the Zoning Ordinance require housing for senior citizens to
provide one resident parking space per every two units. A space for a manager’s unit and one
guest parking space are also required.
Staff is recommending to increase the required parking for residents to one covered space per
every unit. The guest-parking requirement is also proposed to be increased, which is discussed
in section “E” below. The manager’s unit requirement would remain the same (except for a
requirement that the space be covered). Staff is recommending the resident and manager’s
parking spaces be covered, which is consistent with the Planned Developments regulations.
Based upon the current parking requirement (1 space per every 2 units), the average number of
vehicles owned per senior citizen household would be .5. However, information obtained from
SANDAG generated from the 1990 Census (2000 data not yet available), for the CarlsbadSan
Dieguito subregional area, indicates that senior citizens (55 or older) living in multifamily
housing own an average of 1.1 vehicles per household. Senior citizens living in single-family
housing own an average of 1.8 vehicles per household. The following tables list the data
generated from the 1990 Census information.
ZCA 02-04LCPA 02-08 4. I USING FOR SENIOR CITIZENS ORL ,ANCE AMENDMENT
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55 - 64
TABLE 1
MULTI-FAMILYMOBILHOME I Householder Age I Householder Age I Householder Age 1 Total 1
65 - 74 75 or Older 55 or Older
TABLE 2
SINGLE-FAMILY I I Householder Age I Householder Age I Householder Age I - Total I
The housing for senior citizens regulations apply more to multifamily housing than single-
family. Although the regulations state that the intent is to provide standards for “rental” or “for-
sale” units, the term “for-sale” applies to condominium units more so than single-family
detached. The intent of the regulations is to meet the special needs of senior citizens who have
chosen not to or are no longer able to live in a typical detached home. In addition, “housing for
senior citizens” is not permitted in the R-1 (One-Family Residential) Zone or the R-2 (Two-
Family Residential) Zone. “Housing for senior citizens” is permitted in the zones that allow
multifamily housing (3-3, R-P, R-T, R-W and RD-M).
The data in Table 2 (single-family) above do not represent the senior citizen population that
would typically live in the type of housing regulated by the housing for senior citizens
regulations. Rather, the data in Table 1 (multifamily) are more representative of the senior
citizens targeted by the regulations.
In addition to the census data, staff also researched the parking standards for senior housing
required by numerous city jurisdictions within California, including San Diego County. The
requirements vary from 1 space per every 4 units to 2 spaces per unit. Within San Diego County,
10 out of the 15 cities surveyed do not have special parking requirements for senior citizen
housing, and in those cases the standard residential parking requirement would apply (typically 2
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ZCA 02-04LCPA 02-08 -A JUSING FOR SENIOR CITIZENS ORL JANCE AMENDMENT April 16,2003
City Solana Beach
San Diego
Poway
National City
Imperial Beach
spaces/unit). The parking requirements of the other 5 cities surveyed in San Diego County are as
follows:
Resident Parking Requirement
1 space per unit
1 space per unit
1.2 spaces per unit (includes guest parking in ratio)
Necessary parking determined on a project-by-project basis through a
Planned Development Permit
2 spaces per unit, which may be reduced at the discretion of the Planning
Commission and City Council
Dana Point
Duarte
In addition to cities within San Diego County, 13 cities outside San Diego County were
surveyed, and the senior housing parking requirements of those cities are as follows:
1 space per unit
1 space per studio or 1 -bedroom unit; 2 spaces per 2-bedroom unit
Foster City
Irvine
Long Beach
.5 space per bedroom
Parking study required
1 space per each 2 bedrooms (low rent); or
Los Angeles
1 space per each 1 bedroom (market rent)
1 space per every 2 units
As indicated in Tables 3 and 4 above, the parking requirements for senior housing in other cities
are varied. There is not one predominant standard. The data obtained from the Census indicate
that an average of 1.1 vehicles are owned per senior citizen multifamily household in the
CarlsbadSan Dieguito area. To accommodate the average number of vehicles owned by senior
citizens (living in multifamily housing), staff is recommending the current City parking
requirement for housing for senior citizens be increased to 1 parking space per unit, rather than 1
space per 2 units.
ZCA 02-04LCPA 02-08 -1. USMG FOR SENIOR CITIZENS OW- 4ANCE AMENDMENT
April 16,2003
Staff is not recommending 1.1 spaces per unit, which would match the average exactly, because
the data fi-om the Census indicate that more vehicles are owned per households between the ages
of 55 to 64, which is a relatively young age group and many of these households likely contain
driving age teenagers or young adults who live at home while still in high school or college.
Persons below the age of 62 are not permitted to live in housing restricted solely to persons 62
years of age or older, and persons below the age of 55 are not permitted to live in a “senior
citizen housing development,” unless they are a spouse (age 45 or older) or a disabled
chiWgrandchild of a senior citizen. Therefore, the average number of vehicles owned per
households in the age groups of 65-74 and 75 or older, which is .95 vehicles per household,
would more likely be representative of the senior population living in housing regulated by the
housing for senior citizens regulations.
Staff considered that there might be instances when a senior citizen household owns more than 1
vehicle per unit. However, there will also be instances when a senior citizen household owns no
vehicle. Therefore, by basing the required parking on the average number of vehicles owned per
senior citizen household, there should be adequate parking available to accommodate everyone.
It is important to consider that there is some rationale behind requiring a lower standard of
parking for housing for senior citizens than for non-senior housing. In an effort to encourage the
development of housing for senior citizens, and other housing for special needs groups (i.e., low
income), some jurisdictions offer reduced development standards, such as lower parking
requirements. In addition, statistics indicate that senior citizens, especially those in older age
groups, own fewer vehicles. Therefore, as indicated in the Tables 3 and 4 above, many
jurisdictions require parking as low as 1 space for every 4 units.
Staff recognizes the need to encourage the development of housing for senior citizens. However,
it is still imperative to require standards that meet the needs of senior citizens, which includes
adequate area to park their vehicles. By requiring a parking standard that would provide parking
for the average number of vehicles owned by senior citizen households, it is more likely the
parking needs for senior citizens will be met. However, a site development plan for affordable
housing and/or the City’s Density Bonus regulations provide an opportunity to allow less
restrictive development standyds than specified by the Zoning Ordinance. A senior housing
project requesting a density bonus, and/or proposing affordable housing, may be granted
modifications to development standards, like parking. Therefore, if an applicant proposing
housing for senior citizens can justify that fewer parking spaces will adequately meet the needs
of the project, the City has the ability to approve the project through the density bonus provisions
or through a site development plan for affordable housing, without the need to grant a variance.
E. Increase the guest-parking requirement for housing for senior citizens.
Currently, the City’s parking standards require a total of 1 guest parking space for housing for
senior citizens. Staff is recommending the guest parking requirement be increased to 1 space for
every 5 units, which is approximately 35% less than the visitor parking required for non-senior
housing projects (1 space per 2 units for the 1st 10 units and 1 space per 4 units above 10).
As discussed above, staff surveyed the senior housing parking requirements of other city
jurisdictions. Out of the 18 cities that have specific parking requirements for senior housing, 6 of
those jurisdictions have a requirement for guest parking in addition to resident parking, as
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ZCA 02-04LCPA 02-08 -A- JUSING FOR SENIOR CITIZENS ORL iANCE AMENDMENT
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Solana Beach
Dana Point
indicated in the table below (the other 12 cities either do not have a guest parking requirement or
use the same standard for non-senior housing):
1 space per every 5 units
1 mace uer every 2 units. ulus 1 suace for a manager’s unit
TABLE 5
OTHER CITY JURISDICTIONS
SENIOR HOUSING GUEST PARKING REQUIREMENTS
City I Guest Parking Requirement
Foster City
Manhattan Beach
Santa Monica
1 space per every 2 units
1 space per every 5 units, 1 space per employee, and 1 loading space
1 space per every 5 units 1 Temecula 1 1 space per every 5 units ~ ~
Staff was not successful in finding any statistical data on guest parking demand by housing for
senior citizens. However, the current requirement for a total of 1 guest parking space does not
likely meet the parking demand of guests visiting residents of housing for senior citizens. It is
also not likely that housing for senior citizens generates as much guest parking demand as a non-
senior housing project. Family households with children and teenagers would attract more
visitors than a senior citizen household of one or two senior citizens. However, sufficient
parking should be provided for guests (family, friends, delivery services, etc.) visiting residents
of housing for senior citizens.
The proposed 1 guest parking space for every 5 units is consistent with the requirement of
several other city jurisdictions. The requirement is also less than the guest parking required by
the City for non-senior housing developments (1 space per 2 units for the 1st 10 units, and 1
space per 4 units above 10).
F. Amend existing regulations to consolidate the findings for a site development
plan.
Staff is also recommending that the findings for housing for senior citizens be consolidated with
the findings for a site development plan. Housing for senior citizens is permitted in the R-3, R-P,
R-T, R-W and RD-M zones, subject to the approval of a site development plan (SDP). The
current senior housing regulations specify findings required to be made for approval of housing
for senior citizens, in addition to the findings required for approval of a SDP, which are specified
in Section 21.06.020. Therefore, in the case of housing for senior citizens, there are two separate
sets of findings required to approve one permit (an SDP).
However, the findings required in the housing for senior citizens regulations duplicate or are
similar to the findings for an SDP. To avoid making duplicate sets of findings, for one permit,
staff is recommending that the two sets of findings be consolidated. The proposed amended
regulations state that the findings for approval of an SDP for housing for senior citizens are as
specified in the housing for senior citizens chapter, and the findings in Section 21.06.020 do not
apply. All of the currently required findings will still be required, but the proposed amendment
would consolidate them into one set of findings instead of two. (See Comparison Chart Ref. No.
42, and 55 through 60 - Attachment 7).
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G. Other minor amendments to existing regulations relating to housing for
senior citizens to provide clarification and consistency with other code
provisions.
Other portions of the existing regulations relating to housing for senior citizens are also proposed
to be amended in order to provide further clarification and consistency with other sections of the
Zoning Ordinance (i.e., density bonus requirements in Chapter 21.86). The proposed
amendments are summarized in the following table:
TABLE 6
PROPOSED MINOR AMENDMENTS
TO HOUSING FOR SENIOR CITIZENS REGULATIONS
Proposed Amendment
The current regulations are referred to as “senior citizen housing” regulations. However,
with the incorporation of the new State definition of “senior citizen housing development,”
and the need to clearly define the difference between the two different categories of senior
housing (i.e., solely 62 and over, or 55 and over with provisions for persons less than 59,
staff recommends using the term “housing for senior citizens” to refer to the regulations,
which apply to both categories of housing for senior citizens. Therefore, staff proposes to
modify the terminology where the current regulations use the term “senior citizen housing.”
The current regulations require housing for senior citizens to be located within “two to three
blocks” of transit service. However, it is not clear what the distance of a “block” is. Rather
than specifying an exact distance, staff is recommending a project be required to be located
within a “reasonable walking distance” of transit service. If an exact distance were
specified (i.e., ?4 mile), a project would not be permitted if it were slightly outside the
required distance. The proposed requirement (“reasonable walking distance”) will allow the
decision-making authority to have discretion in determining what is “reasonable,” and allow
some flexibility in locating senior housing projects. (See Comparison Chart Ref. No. 7 -
Attachment 7.)
The current definition of “housing for senior citizens” includes housing “provided under
any state or federal program that the Secretary of Housing and Urban Development
determines is specifically designed and operated to assist elderly persons as defned in the
state or federal program. ” This is a Federal Fair Housing Act definition for senior housing.
Staff recommends changing the term “elderly persons” to “senior citizens” to be consistent
with terminology used throughout the housing for senior citizens chapter. (See Comparison
Chart Ref. No. 11 - Attachment 7.)
The common area regulations for housing for senior citizens currently allow the size of a
common room to be reduced if adjacent to outdoor space. Staff is recommending this
provision be deleted. Due to physical limitations or personal preferences, some seniors may
derive more use and enjoyment fiom an indoor common room than they would fiom
outdoor open space. In addition, outdoor space is not useable during inclement weather.
Therefore, the size of the required indoor common room should not be compromised in
exchange for outdoor space. (See Comparison Chart Ref. No. 24 - Attachment 7.)
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TABLE 6. Continued
5
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8
9
A manager’s unit is currently “recommended” to be included in senior housing projects.
However, State Housing Law Regulations require a manager to reside upon the premises of
every apartment development that has 16 or more units. Therefore, the housing for senior
citizens regulations are proposed to be amended to require (rather than “recommend”) a
manager’s unit in every project of 16 or more units. (See Comparison Chart Ref. No. 26 -
Attachment 7.)
The current regulations list the conditions required to grant a density bonus. However,
Chapter 21.86 (Density Bonus) sets forth the requirements for granting a density bonus.
The requirements are duplicated by stating them in the housing for senior citizens
regulations. Stating the requirements in two chapters of the code opens up the possibility
for inconsistencies if the requirements are amended. Therefore, staff recommends the
requirements to grant a density bonus be deleted from the housing for senior citizens
regulations and replaced with a regulation that states a density bonus may be granted if the
project complies with the requirements of Chapter 21.86. (See Comparison Chart Ref. No.
30,31 and 32 - Attachment 7.)
The current regulations state that any project constructed pursuant to the senior housing
regulations and/or requesting a density bonus, shall comply with the inclusionary housing
requirements for residential projects, and shall set aside a minimum 15% of the units to be
affordable to lower income households. Staff recommends removing the reference to a
request for a density bonus from the requirement for compliance with the inclusionary
housing standards.
Any residential project must comply with the inclusionary housing requirements. If a
project requests a density bonus, the percentage of required affordable housing may differ
from the minimum 15% in the inclusionary housing chapter. The regulations already state
that a project must comply with the density bonus chapter if a density bonus is requested.
Also, staff recommends referring to the inclusionary housing chapter for the percentage
requirement, rather than specifying it in the housing for senior citizens chapter. This will
avoid possible inconsistencies if the inclusionary housing percentage is ever amended. (See
Comparison Chart Ref. No. 34 - Attachment 7.)
Currently, the housing for senior citizens regulations state that a preliminary review
application A preliminary review
application is not typically required prior to submittal of an SDP application, but is
recommended, However, Chapter 2 1.86 (Density Bonus) rewires a preliminary application
prior to submittal of a formal application for a project requesting a density bonus.
Therefore, staff is recommending the housing for senior citizens requirements be amended
to specify that a preliminary review application may be submitted prior to a formal
application, but shall be submitted if the project includes a request for a density bonus. (See
Comparison Chart Ref. No. 36 - Attachment 7.)
The housing for senior citizens regulations currently require “building elevations” be
submitted with a preliminary review application. However, to be consistent with the City’s
preliminary review application submittal requirements, “building elevations” are
recommended to be removed from the list of preliminary review submittal requirements.
(See Comparison Chart Ref. No. 39 - Attachment 7.)
be submitted prior to a formal application.
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10
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12
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15
TABLE 6, Continued
The housing for senior citizens regulations currently state that “within thirty days” of
submittal of a preliminary review application, the planning department shall provide a letter
to the applicant identifying project issues. Although staffs policy is to provide written
response within 30 days after a preliminary review application is submitted, it is not a policy
adopted by ordinance (law). Staff makes every attempt to complete review of a.preliminary
application within 30 days, however, workloads vary and some projects may require a little
more review time due to complexity. Therefore, staff recommends the requirement to
complete review of a preliminary application within 30 days be removed. (See Comparison
Chart Ref. No. 41 - Attachment 7.)
Staff recommends adding an item to the list of application submittal requirements that
states, “any additional information required as per the City’s application submittal
requirements.” This will ensure applicants are aware that there may be additional submittal
requirements other than those listed in the housing for senior citizens regulations. (See
Comparison Chart Ref. No. 52 - Attachment 7.)
The current regulations state that if an application involves a request for financial
incentives, any action by the Planning Commission shall be advisory, and the City Council
shall have the final decision-making authority. However, the Housing Commission has the
authority to review and make recommendations to the City Council on requests for financial
incentives. Therefore, staff recommends an amendment to clarify if a project involves a
request for financial incentives, any decision shall be made by the City Council upon
recommendation from the Housing Commission. Also, if the project involves a request for
financial incentives, the City Council shall have authority to make the final decision on the
SDP and other related development applications, after consideration of a recommendation
from the Planning Commission. (See Comparison Chart Ref. No. 42 - Attachment 7.)
The current regulations require an applicant who is requesting a modification of
development standards or other incentives (associated with a density bonus) to submit a
project pro forma demonstrating the standards modification or other incentive is necessary
to make the project economically feasible. Staff is recommending this requirement be
deleted. Pursuant to Chapter 21.86 (Density Bonus), an applicant is not required to
demonstrate that a density bonus is necessary to make a project economically feasible.
Chapter 21.86 states that a density bonus shall be granted if an applicant agrees to restrict a
minimum number of units for seniors or as affordable to low income households. (See
Comparison Chart Ref. No. 53 - Attachment 7.)
The current regulations require each project to submit an annual report listing all tenants and
their ages to the Housing and Redevelopment Department (HRD). However, HRD is not
responsible for reviewing or issuing any permit for housing for senior citizens, except in the
case of affordable units or if the project is in the redevelopment area. Therefore, staff is
recommending the annual report be required to be submitted to the Planning Director. (See
Comparison Chart Ref. No. 63 - Attachment 7.)
The definition of a “qualifying resident” in the Density Bonus chapter (Section 21.86.020) -- of the Zoning Ordinance is recommended to be amended to refer tothe definition contained
in the new housing for senior citizens chapter. (See Comparison Chart Ref. No. 75 -
Attachment 7.)
- -
ZCA 02-04LCPA 02-08 -1- JUSING FOR SENIOR CITIZENS ORL qANCE AMENDMENT
April 16,2003
Pane 13
#
1
2
H. Amend the Planned Developments regulations (Chapter 21.45) to specify what
regulations are or are not applicable to housing for senior citizens.
Proposed Amendment
A definition of “housing for senior citizens” is proposed to be added to the Planned
Developments (PD) chapter. Because the definition of “housing for senior citizens” is very
long, and somewhat complicated, staff recommends referencing the definition in the housing
for senior citizens chapter, rather than adding the entire definition in the PD chapter. The
term “housing for senior citizens” will be referred to several times throughout the PD
chapter, and a definition will clarify its meaning. (See Comparison Chart Ref. No. 67 -
Attachment 7.)
The PD chapter contains a table that lists the residential zones where planned developments
are permitted. The table is proposed to be amended to clarify that housing for senior citizens
is not permitted in the R-1 or R-2 zones. (See Comparison Chart Ref. No. 68 - Attachment
The Planned Developments regulations apply to single-family developments with lots or
exclusive use areas of less than 7,500 square feet and condominiums. However, based on the
current intent and purpose statement in the housing for senior citizens regulations, which states
the regulations apply to “rental” and “for-sale” units, staff has made the interpretation that “for-
sale” housing for senior citizens (i.e., condominiums) is not subject to the Planned Development
regulations.
This interpretation was made in consideration of conflicts between the planned developments
regulations and the housing for senior citizens regulations. Some of the development standards
required for planned developments either conflicted with the housing for senior citizens
regulations or did not make sense to require of a senior housing project. For instance, a planned
development is required to provide 200 square feet of community recreational space (passive and
active) per unit. In contrast, the common area required by the housing for senior citizens
regulations is much less and is focused on the needs of senior citizens. Therefore, staff made the
interpretation that the planned development regulations were not intended to apply to housing for
senior citizens.
However, the majority of the development standards required for planned developments would
also be desirable for housing for senior citizens. For instance, a planned development is required
to implement the City’s Liveable Neighborhood Policy, which is intended to establish
pedestrian-friendly neighborhoods and buildings designed to add interest and character to a
neighborhood. There are only a relatively few development standards required for planned
developments that should not apply to for-sale housing for senior citizens. Therefore, staff is
recommending that the Planned Developments chapter be amended to specify what standards are
or are not applicable to housing for senior citizens. Note: the planned development regulations
do not apply to apartment developments therefore; they would not apply to “rental” housing for
senior citizens.
- -
ZCA 02-04LCPA 02-08 -h J lJSING FOR SENIOR CITIZENS ORIj,_ ,ANCE AMENDMENT
April 16,2003
Page 14
3
4
The housing for senior citizens parking requirement is proposed to be added to the “General
Development Standards” and “Multiple Dwelling Development Standards” tables in the PD
chapter. (See Comparison Chart Ref. No. 69,73 and 74 - Attachment 7.)
A note is proposed to be added to the “General Development Standards” table to clarify that
the “community recreational space,” “recreation area parking,” and “recreation vehicle
storage” requirements are not applicable to housing for senior citizens. (See Comparison
Chart Ref. No. 70,71 and 72 - Attachment 7.)
All other requirements for planned developments would apply to “for-sale” housing for senior
citizens.
I. General Plan, Zoning Ordinance, Local Coastal Program consistency
The proposed Zone Code Amendment and Local Coastal Program Amendment will not result in
any inconsistencies with the policies of the General Plan, or the provisions of the Zoning
Ordinance and Local Coastal Program.
The Housing Element of the General Plan identifies senior citizens as a population group with
special housing needs and specifies an objective to “provide additional senior housing for seniors
of different income groups and physical and mental status.” The Housing Element also specifies
a program “to implement the Senior Citizen Housing regulations ...,” and to “encourage the
provision of a wide-variety of senior housing opportunities, especially for lower-income seniors
with special needs.” The proposed amendments to the housing for senior citizens regulations are
consistent with the Housing Element goals, objectives and programs and all other policies of the
General Plan.
With regard to consistency with the Zoning Ordinance, the proposed amendment to the housing
for senior citizens regulations will not create any conflicts with other provisions of the Zoning
Ordinance. The proposed amendment will correct existing inconsistencies and ensure that new
inconsistencies do not occur.
With regard to consistency wiih the Local Coastal Program, as mentioned earlier in this report,
the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The
LCP amendment is necessary to ensure consistency between the LCP and Zoning Ordinance.
The proposed amendment will not result in any conflict with the provisions of the LCP.
V. ENVIRONMENTAL REVIEW
The initial study (EIA Part 11) prepared for this project did not identi@ any potentially significant
impacts on the environment. A Negative Declaration has been prepared and is being
recommended for adoption as part of the approval of the proposed Zone Code Amendment and
Local Coastal Program Amendment.
A Notice of Intent to Adopt the recommended Negative Declaration was posted in the
newspaper, and was mailed to the California Coastal Commission and State Clearinghouse for
circulation. No comments were received prior to the preparation of this report.
ZCA 02-04LCPA 02-08 -lAJUSING FOR SENIOR CITIZENS Om-- 4ANCE AMENDMENT
April 16,2003
Page 15
ATTACHMENTS:
1. Planning Commission Resolution No. 5380 (Negative Declaration)
2. Planning Commission Resolution No. 5381 (ZCA)
3. Planning Commission Resolution No. 5382 (LCPA)
4. Background Data Sheet
5. Local Facilities Impact Assessment Form
6. Strike-out and underline version of proposed Zoning Ordinance text amendments, including
new Zoning Ordinance Chapter 2 1.84 Housing for Senior Citizens
7. Comparison chart between current regulations and proposed regulations
JC:sn:mh
.- ATTACHMENT 4
BACKGROUND DATA SHEET
CASE NO: ZCA 02-04 I LCPA 02-08
CASE NAME: HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT
APPLICANT: CITY OF CARLSBAD
REQUEST AND LOCATION: Zone Code Amendment and Local Coastal Promm Amendment to
amend the regulations for housing for senior citizens to be consistent with State and Federal law. relocate
said regulations to a new chapter in the ZoninP Ordinance, amend various sections of the Zoning
Ordinance to reference the new chapter number, amend the Planned Developments regulations to swcifi
what regulations are or are not applicable to housing for senior citizens, amend the parking requirement
for housing for senior citizens and amend other various realations relating to housing for senior citizens
for clarification and consistency. The project does not involve development of any property. it is an
amendment to Zoning Ordinance realations that will effect future development of housing for senior
citizens on a citvwide basis.
LEGAL DESCRIPTION: NIA - The project does not involve development of any moperty. it is an
amendment to Zoning Ordinance regulations that will affect future development of housing for senior
citizens on a citvwide basis.
APN: N/A Acres: N/A Proposed No. of LotsAJnits: No development proposed.
GENERAL PLAN AND ZONING
Land Use Designation:
N/A - The oroject does not involve development of any property. it is an amendment to Zoning
Ordinance regulations that will effect future development of housing for senior citizens on a citywide
basis.
NIA
None. Amendment to Zoning Ordinance realations only.
NIA
NIA
Density Allowed:
Density Proposed:
Existing Zone:
Proposed Zone:
Surrounding Zoning, General Plan and Land Use:
NIA - The proiect does not involve development of any property. it is an amendment to Zoning
Ordinance regulations that will effect future development of housing for senior citizens on a citywide
basis.
PUBLIC FACILITIES
School District: N/A Water District: NIA Sewer District: NIA
Equivalent Dwelling Units (Sewer Capacity): NIA
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration recommended for adoption
ATTACHMENT 5
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT
LOCAL FACILITY MANAGEMENT ZONE: Citywide
GENERAL PLAN: N/A - Citywide
ZONING: N/A - Citywide
APPLICANT’S NAME: CITY OF CARLSBAD
ADDRESS: 1635 Faraday Avenue, Carlsbad CA 92008
ASSESSOR’S PARCEL NO.: N/A - no development of any site proDosed.
QUANTITY OF LAND USE (AC., SQ. FT., DU): N/A - no development of any site proposed
ESTIMATED COMPLETION DATE: NIA - No development proposed
ZCA 02-04 / LCPA 02-08
The project does not propose development of any site, it is an amendment to Zoning Ordinance
regulations that will effect future development of housing for senior citizens on a citywide basis.
Therefore, the project does not impact any local facilities.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities:
Library:
Wastewater Treatment Capacity (Calculate with J. Sewer)
Potential Demand in Square Footage = N/A
Potential Demand in Square Footage = N/A
NIA
Park:
Drainage:
Circulation:
Fire:
Potential Demand in Acreage =
Potential Demand in CFS =
Potential Demand in ADT =
Served by Fire Station No. =
N/A
NIA
NIA
NIA
Open Space: N/A
Schools:
Sewer:
Water:
N/A
N/A
N/A
Potential Demands in EDU =
Potential Demand in GPD =
The project does not impact the Growth Management Dwelling unit allowance, as
provided for through the “excess dwelling unit bank”.
ATTACHMENT6 '
HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT
STRIKEOUTRJNDERLINE VERSION OF PROPOSED TEXT AMENDMENT
o Section 2 1.16.016 (R-3 Multiple-Family Residential Zone chapter) is proposed to be
amended as follows:
21.16.016
Housinp for Ssenior citizen2 may be permitted by site development plan issued according to
the provisions of 9 .. Chapter 21.84 of this title. The Unless
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
HousinP for Ssenior citizens hemtng by site development plan.
P Section 21.18.045 (R-P Residential Professional Zone chapter) is proposed to be amended as
follows:
21.18.045
Housinp for senior citizens may be permitted bv site development plan issued according
to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter 21.84,
the development standards of this zone shall apply.
Housing for Sgenior citizens htwsmg by site development plan.
04 TT ..
2
3
4
a Section 21.20.025 (R-T Residential Tourist Zone chapter) is proposed to be amended as
follows:
21.20.025
Housing for Sgenior citizens may be permitted by site development plan issued according to
the provisions of %&en 21 .. 1- Chapter 21.84 of this title. Tke Unless
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
Housinp for Szenior citizens kettswg by site development plan.
o Section 21.22.015 (R-W Residential Waterway Zone chapter) is proposed to be amended as
follows:
21.22.01 5
the provisions of see tie^ 2 1 .. 1
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
Housinp for Sgenior citizen2 hetismg by site development plan.
Housing for Ssenior citizens may be permitted by site development plan issued according to
Chapter 21.84 of this title. Tke Unless
o Section 21.24.025 0-M Residential Density-Multiple Zone chapter) is proposed to be
amended as follows:
2 1.24.025
the provisions of3 .. Chapter 21.84 of this title. Tke Unless
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
Housing for Ssenior citizen2 heusmg by site development plan.
Housing for Ssenior citizens may be permitted by site development plan issued according to
a Section 21.44.020(a)(9) (Parking chapter) is proposed to be amended as follows:
(9) HousinP for Senior Citizen2 - Minimum one covered space per every
PNe units, plus one covered space for an onsite manager’s unit (when provided) and one guest
parking space per every five units, subject to approval of a site development plan.
5
o The following definitions are proposed to be added and modified in Section 21.45.030
Definitions (Planned Developments chapter):
Zone Single-family TWO-
Detached Family
Dwelling Dwelling
R- 1 x (1) (5) x (2)(5)
R-3 X X
RD-M X X
R-2 X(5) X(5)
P-c (3) X X
Accessory Uses (4) X X
E. “Housing for senior citizens” is defined as specified in Section 21.84.020 of this code.
BE. “Net pad area” means the building pad of a lot excluding all natural or manufactured
slopes greater than three feet in height except intervening manufactured slopes between split-
level pads on a single lot. FG. “Planned development” means a form of development usually characterized by a unified
site design for a number of housing units, clustering buildings and providing common open
space, recreation and streets.
GIJ. “Twin-home” means two homes attached by a cornmon wall where each home and lot or
exclusive use area has separate ownership.
Multiple
Dwelling
NIA
X
X
X
X
x (2) (5)
o An amendment to “Table A” of Section 21.45.040 Permitted zones and uses (Planned
Developments chapter) is proposed as follows:
Visitor
Parking
1. 10 units or less: 1 space for each 2 units or fraction thereof.
2. 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 units above 10.
3. Housinp for senior citizens: 1 space for each 5 units.
34. In cases where a fractional parlung space is required, the required number of spaces shall be
higher density.
Only permitted when the proposed project site is contiguous to a lot or lots zoned R-3, R-T, R-P, C-1, C-2,
C-M or M, but in no case shall the project site consist of more than one lot nor be more than ninety feet in
width, whichever is less.
Permitted uses shall be consistent with the master plan.
Refer to Table F for specific uses.
“Housing for senior citizens” is not permitted in R-1 and R-2 zones.
(2)
(3)
(4)
(5)
6
On Private/
Public
Streets
Drive ways
Recreational
Space
community
Recreation
Area Parking
Recreational
Vehicle
Storage
rounded to the nearest hghest whole number.
1. Visitor parking may be provided: (1) along both sides of a minimum 34 foot wide private/public
street or (2) in perpendicular bays. When visitor parking is provided on-street, not less than 24
lineal feet per space, exclusive of driveway entrances and driveway aprons, shall be provided
for each parlung space, except where parallel parking spaces are located immediately adjacent
to driveway aprons, then 20 lineal feet may be provided.
1. Visitor parking must be provided in parking bays.
All'projects of more than 10 dwelling units shall provide 200 square feet of centralized, community
recreational space per unit. Projects with 25 or fewer Units shallprovide passive or active recreation
facilities; projects with more than 25 units shall provide both passive and active recreational
facilities with a minimum of 75 percent of the area allocated for active facilities. Projects of more
than 50 units shall provide recreation facilities for a variety of age groups. Examples of recreation
facilities include, but are not limited to, the following:
Active: Swimming pool with cabana, children's playground equipment, spa, tennis court,
racquetball court, volleyball court, basketball court, recreation rooms or buildings,
horseshoe pits, pitch and putt, grassy play areas a minimum of 100 feet by 100 feet and any
other facility deemed by the planning director to satisfy the intent of providing active
recreational facilities.
Passive: Benches, barbecues, community gardens, or grassy play areas with a slope of less than 5%.
1. Credit for indoor recreation facilities shall not exceed 25% of the required centralized community
recreation area.
2. Required recreation areas shall not be located in any required front yard and may not include any
driveways, parking areas, walkways, storage areas, or any slopes of 5% or greater.
3. For single-family or two-family projects of 50 units or more, at least 25 percent of the common
recreation space must be provided as pocket parks. Pocket park lots must have a minimum width
of 50 feet and be located at strategic locations such as street intersections (especially "T-
intersections") and where open space vistas may be achieved.
Note: These community recreational space requirements shall not applv to housine for senior
citizens (refer to Chapter 21.84 of this code for common area requirements for housine for
senior citizens).
1 space for each 15 residential lots or fraction thereof for lots located more than 1,000 feet from a
centralized community recreation center lot.
Note: Housing for senior citizens is not rewired to be provided with recreation area parking.
1. Required for projects with 25 or more units.
2.20 square feet per unit exclusive of area required for driveways and approaches.
3. Developments located within master plans or residential specific plans may have this requirement
met by the common RV storage area provided by the master plan or residential specific plan.
4. The storage of recreational vehicles shall be prohibited in the front yard setback and on any
public or private streets or any other area visible to the public. A provision containing this
restriction shall be included in the covenants, conditions and restrictions for the project. All RV
storage areas shall be landscaped to screen vehcles to the maximum extent feasible.
Note: Housing for senior citizens is not required to be provided with recreational vehicle
7
o An amendment to “Table E” of Section 21.45.080 Multiple-dwelling development standards
(Planned Developments chapter) is as follows:
L Visitor Parking
(Partial )
Table E
Multiple-Dwelling Development Standards
Requirement - 1. One 12 feet x 20 feet car garage and 1 covered or uncovered space per unit - 2. Studio units - 1.5 spaces; 1 covered per unit
3. Housing for senior citizens: 1 covered space Der unit, plus one covered space
for an onsite manager’s unit (when provided).
1. 10 units or less: 1 space for each 2 dwelling units or fraction thereof.
2. 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 dwelling
3. Housing for senior citizens: 1 mace for each 5 dwelling units. s. Visitor parking spaces must be located no more than 150 ft. as measured in a
logical walking path from the entrance of the unit it could be considered to
serve.
units above 10.
45. Visitor parking must be provided in parking bays.
o Section 21.86.020 Definitions (Residential Density Bonus or In-Lieu Incentives chapter) is
proposed to amended as follows:
(21) “Qualifying resident” means a resident as defined in Chapter 21.84 of this title and
Section 5 1.2 of the California Civil Code.
o Chapter 21.84 Housing for Senior Citizens is proposed to be added to the Zoning Ordinance
as follows:
Chapter 21.84
Housing for Senior Citizens
21.84.010 Title.
21.84.020 Purpose.
21 34.030 Definitions.
21.84.040 Use Table.
21.84.050 Location Guidelines.
21.84.060 Development Standards and Desipn Criteria.
21.84.070 Inclusionary Housins’ Requirements and Density Bonus Provisions.
21.84.080 Application Process.
21.84.090 Findinps for Approval.
21.84.100 Additional Requirements.
21.84.110 Monitorinp and Reportins’ Requirements.
8
21.84.010 Title.
“Housing for Senior Citizens Ordinance of the Citv of Carlsbad.”
A. This chapter shall be known and may be cited and referred to as the
21.84.020 Purpose.
A. The purpose of the housinp for senior citizens redations is to:
1.
2.
3.
Recopnize the housing needs of senior citizens;
Provide a mechanism and standards for the development of rental or
for-sale housinrJ available to senior citizens;
Provide comprehensive standards and remlations to ensure housing
is desipned to meet the special needs of senior citizens (i.e. phvsical, social and economic
needs);
4. Facilitate the establishment of housinp for senior citizens within
certain zones subject to the approval of a site development plan;
5. Comply with state and federal laws prohibiting ave discrimination in
housing; and
6. Provide standards and redations for housing for senior citizens
construed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4, the
Federal Fair Housinp Act, and the Federal Code of Regulations Title 24 Sections 100.300 to
100.308.
21.84.030 Definitions.
For the purposes of this chapter, the terms used herein relating to the
provision of housing for senior citizens are defined as follows:
1. Cohabitant. “Cohabitant” refers to persons who live topether as
husband and wife, or persons who are domestic partners within the meaninp of Section 297
of the Familv Code.
2. Disabilitv. “Disabilitv” means any mental or physical disabilitv as
defined in Section 12926 of the Government Code.
3. Housinp (Dwellinp Unit). “Housin~” or “dwelling unit” means any
residential accommodation (rental unit or for-sale unit) desipned for occupancy bv a senior
citizen or aualifying resident, and each unit having only one kitchen, excludinp mobile
homes in a “senior citizen housinp development”.
4. HousinP Communitv. “Housing communitv” means any dwellinp or
group of dwelling units governed by a common set of rules, remlations or restrictions. A
portion or portions of a single building shall not constitute a housing community.
Housing for Senior Citizens. “HousinP for senior citizens” means a
housinp community:
a. provided under any State or Federal propram that the
Secretary of Housing and Urban Development determines is specifically desipned and
operated to assist senior citizens (as defined in the State or Federal propram); or
intended for, and solely occupied bv, persons 62 years of age or
older: or
intended and operated for occupancy bv persons 55 years of
age or older, and where the housing facility is consistent with the definition of a “senior
citizen housing development”.
A.
5.
b.
C.
9
6. Senior Citizen. “Senior citizen” means:
a.
b.
a person 62 years of ape or older: or
a person 55 years of age or older in a “senior citizen housing
7. Senior Citizen HousinP Development. “Senior citizen housing
a. a residential development developed, substantially
development.”
development” means:
rehabilitated, or substantially renovated, for persons 55 years of age or older, that has:
i.
ii. at least 80 percent of the occupied dwelling units
The followinp definitions shall only apply to a &(senior citizen housing
1. Qualifvinp Resident. “Oualifving resident” means a person 55 years
2. Qualified Permanent Resident. “OuaIified permanent resident”
at least 35 dwelling units (rental or for-sale units): and
occupied by at least one person who is 55 years of age or older.
B.
development”:
of age or older in a senior citizen housing development.
means:
a. A person who meets both of the followinp requirements:
i. Was residinp with the qualifyinp resident prior to the
death, hospitalization, or other prolonged absence of, or the dissolution of marriape with,
the qualifying resident: and
Was 45 years of ape or older, or was a spouse,
cohabitant, or person providing primary physical or economic support to the qualifying
resident.
A disabled person or person with a disablinp illness or iniury
who is a child or grandchild of the qualifying resident or a qualified permanent resident,
who needs to live with the qualifyinp resident or qualified permanent resident because of
the disabling condition, illness or iniurv.
3. Permitted Health Care Resident. “Permitted health care resident”
means a person hired to provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing that care. The care
provided by a permitted health care resident must be substantial in nature and must
provide either assistance with necessarv daily activities or medical treatment, or both.
ii.
b.
Zone Housinp for Senior Citizens
- R-3 SDP
21.84.040 Use Table.
development plan (SDP) in certain zones as indicated in the following table:
A. Housing for senior citizens is permitted subiect to the approval of a site
- R-P SDP* - R-T pJ
R-W
RD-M SDP SDP
10
V-R
P-c
21.84.050 Location Guidelines.
Housinp for senior citizens should, whenever reasonablv possible, be located
consistent with the following location guidelines:
1. The proposed proiect should be located in close proximity to a wide
range of commercial retail, professional, social and community services patronized bv
senior citizens; or have its own private shuttle bus which will provide daily access to these
services;
The proposed Project should be located within a reasonable walking
distance of a bus or transit stop unless a common transportation service for residents is
provided and maintained;
The proposed project should be located in a topographically level
area: and
Development of housing for senior citizens at the proposed location
should not be detrimental to public health, safety and peneral welfare.
A.
2.
3.
4.
** ** c
21 J4.060 Development Standards and Desipn Criteria.
Housinp for senior citizens shall comply with all applicable development
standards of the underlving zone, except those which mav be modified herein or as an
additional incentive granted pursuant to Chapter 21.86 of this code.
In the coastal zone, anv project processed pursuant to this chapter and
Chapter 21.86 of this code shall be consistent with all certified local coastal propram
provisions, with the exception of density.
A.
B.
C. Parking shall be provided as follows:
1. A minimum of one covered wace per everv unit, plus one covered
space for an onsite manager’s unit (when Drovided), and one guest parkinp space per every
five units;
2. Whenever possible, parkinp spaces should be laid out at either a
thirtv, forty-five or sixty dewee ande; and
3. Required parking spaces shall be available to residents of the proiect
at no fee.
D. To the maximum extent feasible, architectural harmonv, through the use of
appropriate buildinp heipht, materials, bulk and scale within the deveIopment and within
the existinp neiphborhood and community shall be obtained.
The building(s) shall be finished on all sides with similar roof and wall
materials. colors and architectural accent features.
Laundry facilities must be provided in a separate room at the ratio of one
washer and one dryer for everv twentv-five (25) dwelling units or fractional number
E.
F.
11
thereof. At least one washer and one dryer shall be provided in every proiect. Washers and
dryers may be coin operated.
A manaper's unit shall be provided in every proiect of 16 or more units
[rental proiects only). The manager's unit shall be a complete dwellinp unit and so
designated on all plans.
Housing for senior citizens shall be designed to encourage social contact by
providing a minimum of one common room, which may include, but is not limited to, a
recreation/social room, a common dininv facility or a reading/TV room. Common open
space shall also be provided, which may include, but is not limited to, community
gardeninp areas or open landscaped areas with walkways and seating. Common areas
shall be designed to ensure that they are useful and functional for residents, and shall
comply with the following:
The minimum amount of common area required in each proiect shall 1.
be no less than twenty (20) square feet per dwelling unit;
2. Common space excludes all stairwells and any balconies of less than
forty (40) square feet;
3. Unless the building is serviced by an elevator, common rooms shall be
located on the mound floor: and
4. Adjacent toilet facilities for men and women shall be provided.
In addition to the common areas described above, additional services and
programs are encouraged, but not required, to be included in all proiects to meet the
physical and social needs of senior citizens. Such desirable services and programs may
include, but are not limited to, the followinx
G.
H.
I.
1. Social and recreational programs;
2.
3. House cleaninrdcooking
4. Inside/outside maintenance services;
5. Emerpency and preventative health care proprams/services; and
6. Transportation services.
Access to all common areas and housinp units shall be provided without use
of stairs, either by means of an elevator or sloped walking ramps.
Entryways, walkways, and hallways in the common areas, and doorways and
paths of access to and within the housing units, shall be as wide as required by current laws
applicable to new multifamily housinp construction for provision of access to persons using
a standard-width wheelchair.
L. Walkways and hallways in the common areas shall be equipped with
standard height railinm or prab bars to assist persons who have difficulty with walking,
and shall have liphtinp conditions that are of sufficient briphtness to assist persons who
have difficulty seeinp.
Trash collection containers shall be provided in an easily accessible location
and in manner that rewires a minimum of physical exertion by residents. Trash collection
containers shall also be completely screened and located as inconspicuously as possible.
Trash enclosures shall be of similar colors and materials as the main building.
Continuinp education, information and counseling services;
J.
K.
M.
N.
grab bar;
Dwelling units shall be provided with the following:
1. Tubs and/or showers equipped with, or adaptable for, at least one
12
2.
3.
4. Peepholes in entry doors.
The design of housing for senior citizens should, to the extent practicable,
implement the principles of Universal Desipn as currently established by the Center for
Universal Desipn at the North Carolina State University, or any other residential design
elements for seniors that may currently be established by the California Department of
Aging. Universal Design principles encourape buildinp design with accessible and
adaptable features that are universally usable by most people repardless of their level of
ability or disability. Examples of Universal Desipn are as follows:
1. A dwelling unit should be desipned to be accessible or adaptable for
disabled access;
2. An adaptable dwellinp unit has all accessible features that a fixed
accessible unit has but allows some items to be omitted or concealed until needed so the
dwellinp unit can be better matched to individual needs when occupied: and
In an adaptable unit, wide doors. no steps, knee spaces, control and
switch locations, prab bar reinforcinp and other access features must be built in. Grab
bars, however, can be omitted and installed when needed. Knee space can be concealed by
installinp a removable base cabinet that can be removed when needed. Counter tops and
closet rods can be placed on adjustable supports rather than fixed at lower heiphts as
required for wheelchair users.
Housing: for senior citizens shall comply with all applicable building and
housing codes, and reauirements for access and desipn imposed by law, including, but not
limited to, the Fair Housinp Act (42 U.S.C. Sec. 3601 et seq.), the Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations of Title 24 of the
California Code of Repulations that relate to access for persons with disabilities or
handicaps. Nothinp in this section shall be construed to limit or reduce any rbht or
oblipation applicable under those laws.
Tubs and/or showers equipped with temperature regulatinp devices;
Slip resistant tub and/or shower bottom surfaces: and
0.
3.
P.
21.84.070 Inclusionary Housinp Requirements and Density Bonus Provisions.
Any market-rate rental or for-sale proiect constructed pursuant to this
chapter shall be required to comply with the inclusionary requirements for residential
developments in Chapter 21.85 of this code.
Upon written request by an applicant, and in return for his apreement to
develop and operate a project in accordance with this chapter and Chapter 21.86 of this
code (residential density bonus), the final decision-makinp authority shall allow an increase in the number of dwellinp units permitted per acre (densitv), p rovided the request for
density bonus complies with the requirements of Chapter 21.86.
A.
B.
21.84.080 Application Process.
Preliminary Review Application - a preliminary review application may be
submitted prior to the submittal of a formal application (note - if the project includes a
request for a density bonus, a preliminary review application is required).
1. A preliminary review application shall include the following
information:
A.
13
a. A brief description of the proposal includinp the total number
of senior units, densitv bonus units and affordable senior units proposed;
b. The Peneral Plan and zoning designations, and assessors parcel
number(s) of the proiect site;
C. A site plan, drawn to scale, which includes: buildinp footprints,
driveway and parkinp layout, existing contours and proposed grading; and
d. A letter identifying what specific incentives (i.e., densitv bonus,
standards modifications or financial incentives) are being: requested of the citv, if any.
After review of the preliminary application, the planninp department
shall provide to an applicant a letter identifying proiect issues of concern to staff, and the
incentives or assistance that the planning director can support when making a
recommendation to the final decision-making authoritv.
Formal Application - a proposal to develop housinp for senior citizens shall
be processed under a site development plan (SDP) application in addition to any otherwise
required application(s) (Le., tentative maps, parcel maps, planned unit developments, etc.).
The site development plan application shall be processed accordinp to the provisions of
Chapter 21.06 of this code, excluding Section 21.06.020 (b) (l), (21, (3) and (4). The findings
for approval of a site development plan for housing for senior citizens are specified in
Section 21.84.090 of this chapter.
2.
B.
1. A com leted a lication shall include the followin information:
a.
b.
A leva1 description of the total site proposed for development
including a statement of present ownership and present and proposed zoning;
If a density bonus or other incentives are requested, a letter
shall be submitted signed by the present owner stating how the proiect will complv with
Government Code Section 65915 and stating what is beinp requested from the citv,
density bonus, modification of development standards or other additional incentives); and
Site plans and other supDortinp plans (i.e., a landscape plan,
buildinp elevations and floor plans) as per the Citv’s application submittal requirements;
A detailed vicinity map showinp the proiect location and such
details as the nearest market, transit stop, park or recreation center, medical facilities or
other related uses and services likely to be patronized by senior citizens;
A set of floor plans for each different tvpe of unit indicating a
typically furnished apartment, with dimensions of doorwavs, hallways, closets and
cab in ets;
A floor plan of the first floor or other floor showinp any
common areas and accommodations;
application submittal requirements.
If the proiect involves a request for financial incentives from the Citv,
then any decision on such a request shall be made by the Citv Council upon
recommendation from the Housinp Commission. In addition, if the proiect involves a
request for financial incentives then the Citv Council shall have the authoritv to make the
final decision on the site development plan and other related development applications (i.e.,
tentative maps, parcel maps, planned unit developments, etc.), after consideration of a
recommendation from the Planning Commission.
C.
d.
e.
f.
g. Any additional information required as per the Citv’s
2.
14
3. At the time of plan submittal for building permits, the applicant shall
submit a set of detailed drawings for kitchens and bathrooms indicating counter and
cabinet heights and depth, tvpe of pulls, faucets, prab-bars, tub and/or shower dimensions,
and handicapped turn space where appropriate.
21.84.090 Findings for Approval.
A site development plan for housinp for senior citizens shall be approved
only if the following findines are made:
1. The proiect is consistent with the- various goals, obiectives, policies
and proprams of the General Plan, the provisions of Municipal Code Title 21 (Zoning
Ordinance), the Local Coastal Program (if applicable), and/or the provisions of an
applicable master or specific plan;
The Droiect site is adequate in size and shape to accommodate the
proposed proiect;
The proiect is properly related to and will not adversely impact the
site, surroundinps and environmental settinps, and will not be detrimental to existing uses
specifically permitted in the area in which the proposed proiect is to be located;
The proiect shall not result in density or design that is incompatible
with other land uses in the immediate vicinity, and the project will provide and maintain
all yards, setbacks, walls, fences. landscaping, and other features determined necessary to
provide compatibilitv with existinp or permitted future uses in the neighborhood;
The street system serving the proposed proiect is adequate to properly
handle all traffic generated by the project: and
The request for a density bonus and/or additional incentiveb) is
consistent with the provisions of Chapter 21.86 of this code. (This findinp shall only apply
to projects requesting a densitv bonus and/or additional incentives).
A.
2.
3.
4.
5.
6.
21.84.100 Additional Requirements.
No housing development constructed prior to Januarv 1, 1985, shall fail to
gualifv as a “senior citizen housing development” because it was not originally developed
or put to use for occupancy by senior citizens.
Any person who, on January 1, 1985, had the ripht to reside in, occupy, or
use housing that is subiect to the provisions for a.“senior citizen housing development” in
this chapter and California Civil Code Sections 51.2,51.3 and 51.4, shall not be deprived of
the right to continue that residency, occupancy, or use as the result of the implementation
of this chapter.
C. Any person who is not 62 years of age or older, and who, on September 13,
1988, had the right to reside in, occupy, or use housing that is restricted to occupancv by
persons 62 years of ape or older, shall not be deprived of the right to continue that
residency, occupancy or use as a result of the implementation of this chapter: provided that
all new occupants are persons 62 years of ape or older.
A developer of housing for senior citizens shall establish a homeowner’s
association, board of directors, or other governing body, and corresponding covenants,
conditions and restrictions or other documents or written policy. Said CC&Rs or other
documents or written policy shall be submitted to and approved by the PlanninP Director
A.
B.
D.
15
and recorded prior to issuance of a building permit. At a minimum, the CC&Rs or other
documents or written policy shall set forth the following:
1. Limitations on occupancy, residency or use on the basis of age;
a. Any such limitation shall not be more exclusive than to require
that:
i. each person in residence in each dwelling unit be
required to be 62 years of age or older: or
ii. in a “senior citizen housing development” each person
in residence in each dwellinp unit is required to be a senior citizen or aualifving resident,
and that each other resident in the same dwellinp unit may be required to be a qualified
permanent resident, a permitted health care resident, or a person under 55 years of ape
whose occupancy is permitted under California Civil Code Section 51.3 (h) or Section 51.4
The limitations on occupancy may allow for occupancy of units
by employees of the housinp communitv (and family members residing in the same unit)
who are under 62 years of age, or who do not qualify as a qualifying resident, provided
they perform substantial duties directly related to the management or maintenance of the
housinp communitv;
The limitations on occupancy for housinp that is intended for,
and solely occupied by, persons 62 years of age or older, shall not be less exclusive than to
require that the persons commencinp any occupancy of a dwelling unit be 62 years of age
or older, excludinp occupancy by persons permitted pursuant to Section 21.84.100C. and
D.l.b, above;
In a “senior citizen housinp development”, the limitations on
occupancy may be less excusive than stated above, but shall at least require that the
persons commencinp any occupancy of a dwellinp unit include a qualifying resident who
intends to reside in the unit as his or her primary residence on a permanent basis;
e. In a “senior citizen housing development”, the limitation on
occupancy may result in less than, but not less than 80 percent, all of the dwellings being
actually occupied by a qualifying resident;
In a “senior citizen housing development”, uuon the death, dissolution
of marriape, or upon hospitalization, or other prolonged absence of the qualifyinp resident,
any qualified permanent resident, as defined in this chapter and Section 51.3 of the
California Civil Code, shall be entitled to continue his or her occupancy, residency, or use
of the dwelling unit as a permitted resident. This provision shall not apply to a permitted
health care resident;
In a “senior citizen housinp development”, a permitted health care
resident shall be entitled to occupy a dwellinp unit during any period that the person is
actually providinp live-in, lonpterm, or hospice health care to a senior citizen or qualifying
resident for compensation, which includes the provision of lodging and food in exchanpe
for care;
In a “senior citizen housinp development”, upon the absence of the
qualifyinp resident, a permitted health care resident shall be entitled to continue his or her
occupancy, residency, or use of the dwellinp unit only if: a) the qualifvinp resident became
absent from the dwellinp unit due to hospitalization or other necessary medical treatment
and expects to return to his or her residence within 90 days from the date the absence
-
0; b.
C.
d.
2.
3.
4.
16
bepan; and b) the absent qualifying resident, or an authorized person actinp for the
gualifvinp resident, submits a written request to the owner, HOA, board of directors, or
other Poverninp body statinp that the aualifyinp resident desires that the permitted health
care resident be allowed to remain in order to be present when the qualifying resident
returns to reside in the development. The HOA, board of directors, or other governing
body may permit a permitted health care resident to remain for a period lower than 90
days, but not to exceed an additional 90 days;
In a “senior citizen housing development”, for any person who is a
qualified permanent resident, as defined in this chapter, whose disablinp condition ends,
the owner, HOA, board of directors, or other poverninp body may reauire the formerly
disabled resident to cease residinp in the development, subiect to the provisions of
California Civil Code Section 51.3 (bM3);
6. In a “senior citizen housing development”, CC&Rs or other
documents or written policy shall allow temporary residency for a guest, who mav be less
than 55 years in age, of a qualifvinp resident, or Qualified permanent resident, for periods
of time, not less than 60 days in anv year, that are specified in the CC&Rs or other
documents or written policy.
CC&Rs or other documents or written policies applicable housinp for senior
citizens that contain ape restrictions, shall be enforceable only to the extent permitted in
California Civil Code Section 51.3, the Federal Fair Housing Act, and the Federal Code of
Repulations Title 24 Sections 100.300 to 100.308, notwithstandinp lower ape restrictions
contained in those documents.
5.
E.
21.84.1 10 Monitorinp and Reporting Reauirements.
A. To assure compliance with the age requirement of this chapter, all
applicants/owners of housing for senior citizens shall be required to submit, on an annual
basis, an updated list of all proiect tenants and their age to the Citv’s Planninp Director.
17
ATTACHMENT 7
HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT
COMPARISON CHART BETWEEN CURRENT REGULATIONS AND PROPOSED REGULATIONS
(Note: amendments indicated by text strikeout or text that is bold, italic and underlined)
Amendments to Current Senior Housing Regulations
Section 21.18.045
. .. -provide a mechanism and standards
for the development of rental or for-sale housing available to senior
Aizens.
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
Chapter 21.84
Section deleted and replaced with new chapter devoted solely to housing for senior citizens -
Housina for Senior Citizens
Incorporated into new Purpose section in Chapter 2 1.84
21.84.020 Purpose
A. The ourpose of the housina for senior citizens reaulations is to:
1. Recognize the housina needs of senior citizens;
2. Provide a mechanism and standards for the development of rental or for-
3. Provide comprehensive standards and reaulations to ensure housina
sale housinp available to senior citizens;
desianed to meet the special needs of senior citizens (i.e.. phvsical. social and economic
needs);
4, Facilitate the establishment of housina for senior citizens within certain
Zones subject to the approval of a site development plan;
5. Complv with state and federal laws prohibitina ape discrimination in
housinp: and
6. Provide standards and repulations for housina for senior citizens
construed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4. the
Federal Fair Housina Act. and the Federal Code of Repulations Title 24 Sections 100.300 to
100.308.
Replaced with Use Table section in Chapter 2 1.84
21.84.040 Use Table.
A.
development plan (SDP) in certain zones as indicated in the followinp table:
Housina for senior citizens is permitted subject to the approval of a site
TABLE A
ZONES WHERE HOUSING FOR SENIOR CITIZENS IS PERMITTED 1 Zone I Housinp for Senior Citizens 1
R-3 I SDP
R-P I SDP*
P-c
* The cih) mav approve a site development plan for housinp for senior citizens on properh) in the R-P
Zone where the peneral plan applicable to such properht permits residential uses. ** Mav be permitted subject to the standards of the controllinp document (i.e. in V-R zone - Carlsbad
Villape Area Redevelopment Plan and Villape Master Plan. and in P-C zone - aaplicable master plan)
and the provisions of this chapter.
Ref.
No.
Amendments to Current Senior Housing Regulations
Section 21.18.045
I location4 guidelines: I (A) The proposed project should be located in close proximity to a
4
5
tr) Housina for senior citizens ’ should,
whenever reasonably possible, be located consistent with the following
7
6
He& a reasonable walkina distance of a bus or transit stop unless a
common transportation service for residents is provided and maintained;
.. -- -- wide range of commercial retail, professional, social and community
services patronized by senior citizens; or have its own private shuttle bus
which will provide daily access to these services;
8 The proposed project should be located in a topographically level
area: and
(43) Development of housina for senior citizens
at the proposed location should not be detrimental to
12
13
public health, safety andgeneral welfare.
kettftffg
(Aj Provided under any state or federal program that the Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist+lA+pmm for senior citizens (as defined in
the state or federal prograa;
(Bj Intended for, and solely occupied by, persons sixty-two years of
age or older; or
@+Intended and operated for occupancy by &&&-em persov
Ht+i-ves years of age or older 2
shewn+, and where the housina facilitv is consistent with the definition
of a “senior citizen housina development”.
..
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
The “following requirements’’ reformatted into four sections in Chapter 2 1.84 - Definitions,
Location Guidelines, Development Standards and Design Criteria, and Inclusionary Housing
Requirements and Density Bonus Provisions.
Minor grammatical change - now 21 34.050.A (Location Guidelines)
No change - now 21.84.050.A.1 (Location Guidelines)
Minor change - now 21 34.050.A.2 (Location Guidelines).
Current standard requires project to be located within “two to three blocks” of transit servic
However, it is not clear what a “block” is. Rather than specifying an exact distance, staff is
recommending a project be required to be located within a “reasonable walking distance” of
transit service. This will allow the decision-making authority to have discretion in
determining what is “reasonable,” and allow some flexibility in locating senior housing
projects .
No change - now 21 34.050.A.3 (Location Guidelines)
Minor change - now 2 1.84.050.A.4 (Location Guidelines)
Reworded and relocated to Definitions Section 21.84.030 -
21.84.030 Definitions
A. For the purposes of this chapter. the terms used herein relatina to the provision of
housina for senior citizens are defined as follows:
5.
housina comm unitv:
Housina for Senior Citizens. “Housina for senior citizens’’ means a
Note: Definitions A. 1. to A.4. are new definitions, see Ref. No. 14 below.
Minor change - now 21.84.030.A.5.a. (Definitions).
This is a Federal Fair Housing Act definition for senior housing. Staff recommends changing
the term “elderly persons” to “senior citizens” to be consistent with terminology used
throughout the housing for senior citizens chapter.
No change - now 21.84.030.A.5.b.
This is a Federal Fair Housing Act definition for senior housing.
With regard to (C) - Definition modified to be consistent with State and Federal law (now
Section 21.84.030.A.5.c.).
With regard to (C)(i) - Pursuant to an amendment to the Federal Fair Housing Act in 1995, the
requirement for “significant facilities and services ...” was deleted from the Act. This is no
longer a requirement of Federal law, however, staff recommends “encouraging” these services
2
Ref.
No.
13
cont.
14
-
Amendments to Current Senior Housing Regulations
Section 21.18.045
Explanation of Proposed Amendments and New Regulations
(i.e. social programs, education, health care programs, etc), but not require them (now Section
2 1.84.060).
. New Chapter 21.84
With regard to (C)(ii) - The 80% occupancy by persons 55 years of age or older is a
requirement of the Federal Fair Housing Act (now 21.84.030.A.7.a.ii.).With regard to C(iii) -
the “publication, and adherence to, policies and procedures.. .” is a requirement of the Federal
Fair Housing Act, which refers to policies and procedures regulated by the Secretary of
Housing and Urban Development. The City does not regulate the referred to policies and
procedures, therefore, staff is recommending this requirement be deleted. Pursuant to State
law and the proposed new housing for senior citizens chapter, CC&Rs must be recorded that
specify age restrictions, which will demonstrate an owner’s intent to provide housing for
persons 55 years of age or older.
NEW DEFINITIONS per State and Federal law (Section 21.84.030 Definitions):
I. Cohabitant. “Cohabitant ** refers to persons who live topether as
husband and wife, or persons who are domestic uartners within the meaninp of Section 297
of the Family Code.
2. Disability. “Disability” means anv mental or phvsical disabiliQ
as defined in Section 12926 of the Government Code.
3. Housinp (Dwellina Unit). “Housinp** or “dwellinp unit” means
any residential accommodation (rental unit or for-sale unit) designed for occupancv bv a
senior citizen or qualifvinp resident, and each unit havina only one kitchen, excluding
mobile homes in a “senior citizen housing development*!
4. Housinp Community. “Housina community” means any dwelli
or proup of dwellinp units poverned by a common set of rules, repulations or restrictions.
portion or portions of a sinple buildinp shall not constitute a housinp communitv.
6. Senior Citizen. ‘Senior citizen” means:
a.
6.
a person 62 vears of ape or older: or
a person 55 years of ape or older in a “senior citizen
7. Senior Citizen Housinp Development. “Senior citizen housing
a. a residential develoument develoued, substantiallr
at least 35. dwellina units (rental or for-sale
at least 80 Dercent of the occupied dwelling units
housinp development **.
development ** means:
rehabilitated, or substantiallv renovated. for persons 55 vears of ape or older, that has:
units); and
occupied bv at least one person who is 55 vears of aze or older.
i
ii.
3
Ref.
No.
14
cont.
-
15
16
17
Amendments to Current Senior Housing Regulations
Section 21.18.045
@)-In a “senior citizen housina development’’t &@on the death,
dissolution of marriage, or upon hospitalization or other prolonged
absence of the qualifying resident, any qualified permanent resident, as
defined in this chapter and by Section 5 1.3 of the California Civil Code,
shall be entitled to continue his or her occupancy, residency or use of the
restricted dwelling unit as a permitted resident. This provision shall not
applv to a permitted health care resident;
4 Housina for
senior citizens shall comply with all applicable development standards of
the underlying zone, except those which may be modified herein or as an
additional incentive granted pursuant to Chapter 21.86 of this code?
. ..
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
B. The followina definitions shall onlv applv to a “senior citizen housing
development ”: 1. Oualifvina Resident. “Oualifvinp resident” means a person
55 years of ape or older in a senior citizen housina development.
2. Oualified Permanent Resident. “Oualified Permanent resident ”
means:
a. A person who meets both of the followina reguirements:
i Was residina with the qualifvinp resident prior
to the death, hospitalization, or other prolonped absence of; or the dissolution of marriaae
with, the QualifLina resident: and
Was 45 years of aae or older, or was a spouse,
cohabitant, or person providinp primarv phvsical or economic support to the qualifvi
resident.
A disabled person or person with a disablina illness or
iniuty who is a child or randc child of the qualifvina resident or a qualified permanent
resident, who needs to live with the qualifvina resident or Qualified permanent resident
because of the disablina condition, illness or iniurv.
3. Permitted Health Care Resident. “Permitted health care
resident” means a person hired to provide live-in, long-term, or terminal health care to a
gualifvinn resident, or a familv member of the qualifvina resident providina that care. The
care provided bv a permitted health care resident must be substantial in nature and must
provide either assistance with necessarv dailv activities or medical treatment, or both.
ii.
6.
Note: State law definition does not include the terms “rental units” or “for-sale units”, staff
recommends the terms be added to the definition of “senior citizen housing development” to
provide further clarification that the regulations apply to both rental and for-sale senior
housing
Wording slightly modified to be consistent with State law - now 21.84.100.D.2 (Additional ~~ Requirements)
Development standards now part of Section 2 1 A4.060 (Development Standards and Design
Criteria)
Wording slightly modified - now 2 1 A4.060.A (Development Standards and Design Criteria)
4
- Ref.
No.
18
-
19
-
20
21
22 -
23
-
24
-
Amendments to Current Senior Housing Regulations I Explanation of Proposed Amendments and New Regulations
Section 21.18.045 I New Chapter 21.84 0 In the coastal zone, any project processed I Wording slightly modified - now 21.84.060.B (Development Standards and Design Criteria)
pursuant to this seekm-chapter and Chapter 2 1.86 of this code shall be
consistent with all certified local coastal program provisions, with the
exceDtion of densitv. . .. t4f Parking ‘ shall be provided
EWXWC” as follows:
A minimum of one covered space per every unit, plus
one covered space for an onsite manager’s unit (when provided). and
one auest parking space uer every five units; and
CAf Whenever possible, parking spaces should be laid out at either a
thirty, forty-five or sixty degree angle;
(I+ Required parking spaces shall be available to
1.
To clearly identify all the requirements for parking in one location, staff recommends stating
the standard for required number of parking spaces, rather than referencing the parking
chapter. Also, changed “tenants” to “residents” for consistency.
residents of the project at no fee.
(5) ?‘T I Design criteria now part of Section 21.84.060 (Development Standards and Design Criteria) . ..
0 To the maximum extent feasible, architectural harmony, through
the use of appropriate building height, materials, bulk and scale within
the development and within the existing neighborhood and community
No change - now 2 1 J34.060.D (Development Standards and Design Criteria)
shall be obtained; I 0 The building(s) shall be finished on all sides with similar roof I NO change - now 21.84.060.E (Development Standards and Design Criteria)
and wall materials, coiors and architectural accent features; 0 Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty-five adwelling
units or fractional number thereof. At least one washer and one dryer
shall be provided in every project. Washers and
Minor change - now 2 1.84.060.F (Development Standards and Design Criteria)
dryers may be coin operated; I I Reworded to incorporate language from State law, and reformatted to clarify and make easier . ..
- ,
to read - now 2 1 A4.060.H (Development Standards and Design Criteria).
The provision to allow the size of a common room to be reduced if adjacent to outdoor
space is recommended to be deleted. Due to physical limitations or personal preferences,
some seniors may derive more use and enjoyment from an indoor common room than they
would from outdoor open space. In addition, outdoor space is not useable during inclement
weather. Therefore, the size of the required indoor common room should not be compromised
in exchange for outdoor space.
H. Housina for senior citizens shall be desianed to encouraae social contact
bv providing a minimum of one common room, which may include, but is not limited to, a
recreation/social room, a common dinina facilitv or a readina/TV room. Common open
space shall also be urovided, which may include. but is not limited to, communitv gardening
areas or open landscaped areas with walkwavs and seating. Common areas shall be
desianed to ensure that thw are useful and functional for residents, and shall complv with
the following:
. ..
5
- Ref.
No.
24
cont.
-
25
26
-
27
-
Amendments to Current Senior Housing Regulations
Section 21.18.045
0 A manager’s unit P shall be
provided in every project of I6 or more units
(rental projects onlv). &pwded- . , the manager’s unit shall be a
complete dwelling unit and so designated on all plans. . ..
Explanation of Proposed Amendments and New Regulations
New Chanter 21.84
1. The minimum amount of common area rewired in each project shall be
2. Common space excludes all stairwells and any balconies of less than fortv
3. Unless the building is serviced bv an elevator, common rooms shall be
Adjacent toilet facilities for men and women shall be provided.
no less than twenty 120) square feet per dwelling unit;
(40) square feet;
located on the ground floor: and
4.
Section 21.84.060.1 incorporates requirements found in current standards (see Ref. No. 13
above) -
In addition to the common areas described above, additional services and
programs are encouraged, but not required, to be included in all projects to meet thp
phvsical and social needs of senior citizens. Such desirable services and programs m
include, but are not limited to, the following:
I.
1. Social and recreational proprams;
2.
3. House cleanina/cookinx
4. Insideloutside maintenance services;
5.
Continuing education, information and counseling services;
Emergencv and preventative health care oroaramdservices: and
6. Transportation services.
Now 2 1.84.050.G (Development Standards and Design Criteria). Amended to be consistent
with California Code of Regulations Title 25 (StateHousing Law Regulations - Article 5,
Section 42), which requires a manager or other responsible person to reside upon the premises
of every apartment development that has 16 or more apartments.
Replaced with access requirements per State Law - now Section 21.84.060.5, K, L, M
(Development Standards and Design Criteria) -
J. Access to all common areas and housing units within a project shall
provided without use of stairs, either bv means of an elevator or sloped walking ramps.
K. Entryways. walkwavs, and hallwavs in the common areas, and doorwavs and
paths of access to and within the housing units, shall be as wide as required bv current laws
applicable to new multifamilv housing construction for provision of access to persons using
a standard-width wheelchair.
Walkwavs and hallwavs in the common areas shall be ecruipped with standard
height railings or prab bars to assist persons who have dificultv with walkinp. and shall
have lighting conditions that are of sufficient brightness to assist persons who have
difficultv seein&
M. Trash collection containers shall be provided in an easilv accessible location
and in manner that rerruires a minimum of phvsical exertion bv residents. Trash collection
containers shall also be completelv screened and located as inconspicuouslv as possible.
Trash enclosures shall be of similar colors and materials as the main buildinp.
L.
6
Amendments to Current Senior Housing Regulations
Ref. Nn. I Section 21.18.045
28
(6j- Dwelling units . shalleeserve&
provided with the following -:
least one grab bar;
regulating devices;
resistant tub and/or shower bottom surfaces: and;
Tubs and/or showers hl-l-bequipped with, or adaDtable for, at
(€+Tubs andor showers &a&bt+equipped with temperature
0-e .-
I fet Peepholes in entry doors;
29
30
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
Wording slightly modified - now 2 1.84.060.N (Development Standards and Design Criteria)
E & F replaced with language from State law - now 21.84.060.P (Development Standards and
Design Criteria) -
housinp codes, and requirements for access and desian imposed bv law, includinp, but not
limited to, the Fair Housine Act 142 U.S.C. Sec. 3601 et sed. the Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seq.1, and the reaulations of Title 24 of the
California Code of Reaulations that relate to access for persons with disabilities or
handicaps. Nothinp in this section shall be construed to limit or reduce any riaht or
oblipation applicable under those laws.
NEW PER STATE LAW to encourage incorporation of Universal Design principles in
design of senior housing - Section 2 1.84.060.0 (Development Standards and Design Criteria)-
The desian of housinp for senior citizens should, to the extent practicable,
implement the principles of Universal Desian as currentlv established bv the Center for
Universal Desian at the North Carolina State Universitv, or any other residential desipn
elements for seniors that may currentlv be established bv the California Department of
Aaina. Universal Desian principles encourape buildina desian with accessible and
adaptable features that are universallv usable bv most people reaardless of their level of
abilitv or disabilitv. Examples of Universal Desipn are as follows:
I. A dwellina unit should be desipned to be accessible or adaptablp
for disabled access;
2. An adaptable dwellinp unit has all accessible features that a fixed
accessible unit has but allows some items to be omitted or concealed until needed so the
dwellinp unit can be better matched to individual needs when occupied: and
In an adaptable unit. wide doors, no steps, knee sllaces, control
and switch locations, prab bar reinforcing and other access features must be built in. Grab
bars, however, can be omitted and installed when needed. Knee space can be concealed bv
installinrr a removable base cabinet that can be removed when needed. Counter tops and
closet rods can be placed on adiustable supports rather than fixed at lower heiahts as
rewired for wheelchair users.
P. Housina for senior citizens shall complv with all applicable buildina at.
0.
3.
7
Ref.
No.
31
32
-
33
34
35 -
36
-
37
38
39
-
-
-
40
Amendments to Current Senior Housing Regulations -- Section 2 1.1 8.045
(?j Upon written request by an applicant, and in return for his
agreement to develop and operate &e g project in
accordance with this seet-im chapter and Chapter 21.86 of this code
(residential density bonus), the final decision-making authority shall
allow an increase in the number of dwelling units permitted per acre
(density) 9 :, provided the request for
densitv bonus complies with tJie requirements of Chapter 21.86.
..
. .. 7 Any - ’ market-rate rental or for-sale
project constructed pursuant to this seet-im chapter 3 shall be required to
comply with the inclusionary requirements for residential developments
in Chapter 21.85 of this code. J
..
..
. *. # Application process ftt8ffti#al id+ewew tsstfFBuBws:
(lj Preliminary Review Application: zy
a preliminary review application mav be
submitted prior to the submittal of a formal
application (note - if the project includes a request for a densitv bonus,
a preliminarv review application is required). The preliminary review
application shall include the following information: 0 A brief description of the proposal including the total number of
senior units, density bonus units and affordable senior units proposed; 0- The -general plan and zoninE designations, and assessors
parcel number(s) of the project site;
A site plan, drawn to scale, which includes: building footprints,
driveway and parking layout, , existing contours and
proposed grading; and
A letter identifying what specific incentives (Le.; density bonus,
standards modifications or financial incentives) are being requested of the
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
Wording modified - now 2 1 A4.070.B (Inclusionary Housing Requirements and Density
Bonus Provisions).
Clarification added that approval of density bonus granted if project complies with
requirements of Chapter 21 36. With the addition of this language, the conditions of approval
(A & B) are recommended to be deleted. Conditions A & B duplicate the requirements stated
in Chapter 21 36. It is not necessary to state them numerous times throughout the code.
Recommended to be deleted (see Ref. No. 31 above).
Recommended to be deleted (see Ref. No. 3 1 above).
Wording modified - now 2 1 J4.070.A (Inclusionary Housing Requirements and Density
Bonus Provisions).
Staff recommend removing the reference to a density bonus from the requirement for
inclusionary housing. The requirements for a density bonus are specified in 24.84.070.B (see
Ref. No. 3 1 above). Also, staff recommends referring to the inclusionary housing chapter for
the percentage requirement, rather than specifying it in the housing for senior citizens chapter.
Now Section 2 1.84.080 (Application Process)
Wording modified - now 21.84.080.A (Application Process).
New wording recommended to clarify a preliminary application is not required unless a
density bonus is requested, as required by Chapter 21.86 (Density Bonus).
No change - now 21.84.080.A.l .a (Application Process)
Wording slightly modified - now 2 1.84.080.A. 1 .b (Application Process)
~ _____ Minor change - now 2 1.84.080.A. 1 .c (Application Process).
To be consistent with City’s preliminary review application submittal requirements, “building
elevations” are recommended to not be required.
Wording slightly modified - now 2 1.84.080.A. 1 .d (Application Process)
8
- Ref.
No.
41
-
42
43
44
-
-
45
-
46
47
48
Amendments to Current Senior Housing Regulations
Section 21.18.045
gthe
planninx department shall provide to an applicant a letter identifying
project issues of concern to staff, and the incentives or assistance that the
planning director can support when making a recommendation to the
final decision-making authority.
Afrer review of the ureliminaw application, .. ..
.. BB
. .. The A completed application
.. W shall include the following information: 0 A legal description of the total site proposed for development including a statement of present ownership and present and proposed
zoning;
ctt) If a densitv bonus or other incentives are requested, a A letter
shall be submitted signed by the present owner stating how the project
will comply with Government Code Section 65915 and stating what is
being requested from the city, (i.e. density bonus, modification of
development standards or other additional incentives);
Site plans and other supporting plans (i.e., a landscape plan,
building elevations and floor plans) per the city's application submittal
requirements;
(wj A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation center,
medical facilities or other related uses and services likely to be patronized
bv senior citizens:
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
Wording slightly modified - now 21 34.080.A.2 (Application Process)
.
Replaced with 21 X4.080.B & B.2 (Application Process) -
B. Formal Auulication - a proposal to develop liousina for senior citizens shall
be processed under a site development plan (SDP) application in addition to anv otherwise
required auplicationfs) fie., tentative maps. parcel maps. planned unit developments, etc.).
The site development plan application shall be processed accordina to the provisions r'
Chapter 21.06 of this code, excludina Section 21.06.020 (bJ (I), (2). (3) and (4).
findinas for approval of a site development plan for housinp for senior citizens are specified
in Section 21.84.090 of this chapter.
T,
2. Zf the proiect involves a request for financial incentives from the Citv. then
any decision on such a request shall be made bv the Citv Council upon recommendation
from the Housina Commission. In addition, if the proiect involves a request for financial
incentives then the Ci& CounciI shall have the authoritv to make the final decision on the
site development plan and other related development applications (Le., tentative maps,
parcel maps, planned unit developments, etc.). after consideration of a recommendation
from the Plannina Commission.
Submittal requirements have been incorporated into the Application Process - Section
21.84.080.B.l
Now 2 1.84.080.B.l Wording modified to clarify that the information required to be submitted
is not just required when there is a request for a density bonus, etc. Any application should
include the required information.
NO change - now 2 1.84.080.B. 1 .a (Application Process)
Wording modified to clarify that this requirement is only necessary when a density bonus or
other incentive is being requested - now 21 34.080.B. 1 .b (Application Process)
No change - now 21.84.080.B.l .c (Application Process)
No change - now 21 34.080.B.1 .d (Application Process)
9
____~ Ref.
No.
49
clbsets and cabinets; 0 A sfloor plan of the first floor or other floor
~ Amendments to Current Senior Housing Regulations
Section 21.18.045 # A set of floor plans for each different type of unit indicating a
typically furnished apartment, with dimensions of doorways, hallways,
56
57 I
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
No change - now 2 1.84.080.B. 1 .e (Application Process)
Wording slightly modified - now 2 1.84.080.B. 1 .f (Application Process)
No change - now 21.84.080.B.I .g (Application Process)
New requirement recommended - 21.84.080.B.l.h (Application Process)
h. Anv additional information required as per the Citv’s application
submittal requirements.
Recommend to be deleted. Pursuant to Chapter 21.86 (Density Bonus), an applicant is not
required to demonstrate a density bonus is necessary to make a project economically feasible
Chapter 21.86 states that a density bonus shall be granted if an applicant agrees to restrict
minimum number of units for seniors or as affordable to low income households.
No change - now 21.84.080.B.3 (Application Process)
Replaced with Section 21.84.090 (Findings for Approval) -
21.84.090 Findinzs for Approval
A. A site development plan for housing for senior citizens shall be approved onlr
if the followina findinas are made:
Findings have been reworded to incorporate the required findings for a site development plan
in Chapter 2 1.06. The findings from Chapter 2 1.06 have been reworded for clarification.
This finding has been replaced with a finding that includes consistency with general plan
as a whole, as well as the zoning ordinance, LCP, etc - Section 21.84.090.A.l (Findings for
Approval)-
programs of the General Plan, and the provisions of Municipal Code Title 21 (Zoning
Ordinance). the Local Coastal Prozram (if auulicable). andor the provisions of an
applicable master or specific plan;
Recommend that this requirement be modified (see Ref. No. 53 above). Finding replaced with
Section 2 1.84.090.A.6 (Finpings for Approval)-
6. The request for a densitv bonus andor additional incentivefs) is
consistent with the provisions of Chapter 21.86 of this code (This finding shall onlv apply to
projects requesting a densitv bonus andor additional incentives).
1. The proiect is consistent with the various aoals. obiectives, policies a,
10
Ref.
No. -
58
59
-
60
-
61
62 - -
63
64 -
65
-
Amendments to Current Senior Housing Regulations
Section 21.18.045
(€)-The ’ project shall not result in density or
design that is incompatible with other land uses in the immediate vicinity,
and the project will provide and maintain all vards, setbacks, wallsi
fences. landscapina, and other features determined necessarv to provide
compatibilitv with existina or permitted future uses in the
neiahborhood;
WTo assure compliance with the age requirement of this chapter, all
applicants/owners of senior citizen housing projects shall be required to
submit, on an annual basis, an updated list of all project tenants and their
age to the city’s Planning Directort.
Explanation of Proposed Amendments and New Regulations
New Chapter 21.84
Modified to incorporate language from the findings for a site development plan - now Section
21 34.090.A.4 (Findings for Approval).
Wording modified - now Section 21.84.090A.l (Findings for Approval). See Ref No. 56
above.
Proposed additional findings per findings for a site development plan - Section 21.84.090.A.2,
3, and 5 -
proposed project;
The proiect is properlv related to and will not adverselv impact the sitet
surroundinps and environmental settinps. and will not be detrimental to existinE uses
specificallv permitted in the area in which the proiect is to be located;
The street svstem servina the proposed project is adequate to properlf
handle all traffic aenerated bv the proiect; and
Recommended to be deleted. All development applications are processed consistent with the
City’s application processing requirements and state mandated timelines. No project is given
priority over another based upon the “type” of development proposed.
Replaced with Section 2 1.84.1 10 (Monitoring and Reporting Requirements).
Minor change - now 21.84.1 10.A (Monitoring and Reporting Requirements).
2. The proiect site is adequate in size and shape to accommodate t
3.
5.
Propose to require the annual monitoring report to be submitted to the Planning Director,
rather than Housing and Redevelonment.
Replaced and expanded upon with Section 2 1.84.020 (Purpose). See Ref. No. 2 above.
The following are NEW REQUIREMENTS PER STATE LAW -
21.84. 100 Additional Requirements.
No housinp development constructed prior to Januarv I, 1985. shall fail to
gualifv as a “senior citizen housinp development” because it was nor oripinallv developed or
put to use for occupancv bv senior citizens.
Anv person who. on Januarv I, 1985, had the riaht to reside in. occupv. or
use housina that is subject to the provisions for a “senior citizen housina development” in
this chapter and California Civil Code Sections 51.2, 51.3 and 51.4, shall not be deprived of
the ripht to continue that residencv, occupancv. or use as the result of the implementation of
this chapter.
Anv person who is not 62 vears of aae or older, and who, on September 13,
1988. had the riaht to reside in, OCCU~V. or use housing that is restricted to occupancy bf
persons 62 vears of aEe or older. shall not be deDrived of the riaht to continue that
residencv, occupancy or use as a result of the implementation of this chapter: provided that
all new occupants are persons 62 vears of age or older.
A.
B.
C.
11
Ref.
No.
65
cont.
Amendments to Current Senior Housing Regulations
Section 21.18.045
Explanation of Proposed Amendments and New Regulations
. New Chapter 21.84
D. A developer of housina for senior citizens shall establish a homeowner’s
issociation, board of directors. or other aovernina bodv. and correspondina covenants, :oitditions and restrictions or other documents or written policv. Said CC&Rs or other
iocuments or written policv shall be submitted to and approved bv the Plannina Director
md recorded prior to issuance of a buildina permit. At a minimum, the CC&Rs or other
iocuments or written policv shall set forth the followina:
I. Limitations on occupancy. residency or use on the basis of aae;
a. Anv such limitation shall not be more exclusive than to
pequire that:
i each person in residence in each dwelling unit
be required to be 62 vears of aae or older: or
ii. in a “senior citizen housinp development” each
Person in residence in each dwellina unit be required to be a senior citizen or qualifvir
resident, and that each other resident in the same dwellina unit may be required to be ..
yualified permanent resident, a permitted health care resident, or a person under 55 vears
vf are whose occupancv is permitted under California Civil Code Section 51.3 (h) or Section
51.4 (b);
The limitations on occupancy may allow for occupancr
uf units bv emplovees of the housina communitv (and familv members residina in the same
unit) who are under 62 vears of ape, or who do not qualifv as a qualifvina resident, provided
thev perform substantial duties directlv related to the management or maintenance of the
housina communitv;.
C. The limitations on occupancv for housina that is
intended for, and solelv occupied bv. persons 62 vears of aae or older, shall not be less
exclusive than to require that the persons commencina any occupancv of a dwellinp unit be
62 vears of aae or older, excludina occupancv bv persons permitted pursuant to Section
21.84.100C. and 0.1.6, above;
d. In a “senior citizen housina development”, the
limitations on occupancy mav be less excusive than stated above, but shall at least rewire
that the persons commencina any occupancv of a dwellina unit include a qualifvina reside
who intends to reside in the unit as his or her primarv residence on a permanent basis;
In a “senior citizen housina development”, the limitation
on occupancy mav result in less than, but not less than 80 percent. all of the dwellinas beiig
actuallv occupied bv a qualifiing resident;
2. In a “senior citizen housina development”, upon the death,
dissolution of marriaae, or upon hospitalization, or other prolonaed absence of the
gualifvina resident, anv qualified permanent resident, as defined in this chapter and Section
51.3 of the California Civil Code, shall be entitled to continue his or her occupancy,
residency. or use of the dwellinp unit as a permitted resident. This provision shall not apply
to a permitted health care resident;
3. In a “senior citizen housina development”, a permitted health
care resident shall be entitled to occupv a dwellina unit durinp any period that the person is
actuallv providina live-in, lona-term. or hospice health care to a senior citizen or aualifving
resident for compensation. which includes the provision of lodaina and food in exchanae
6.
e.
12
Ref.
No.
65
cont.
Ref.
No.
66
Amendments to Current Senior Housing Regulations
Section 21.18.045
~~ Amendment to Parking Requirement for Senior Housing Section
21.44.020(1)(9) - Parking Chapter
(9) - Housina for Senior Citizens-
Minimum one covered space per every $we units, plus one covered space
for an onsite manager’s unit (when provided) and one guest parking space
per every five units, subject to approval of a site development plan.
..
Explanation of Proposed Amendments and New Regulations
New ChaDter 21.84
for care;
In a “senior citizen housinp development”, upon the absence ot
the qualifiina resident, a permitted health care resident shall be entitled to continue his or
her occupancy. residencv. or use of the dwellinp unit onlv ifi a) the qualifvina resident
became absent from the dwellinp unit due to hospitalization or other necessary medical
treatment and expects to return to his or her residence within 90 davs from the date the
absence bepan; and b) the absent qualifiinp resident, or an authorized oerson actinp for
the qualifvinp resident, submits a written request to the owner. HOA. board of directors, or
other aoverninp bodv statina that the aualifvinp resident desires that the permitted health
care resident be allowed to remain in order to be Present when the qualifvinp resident
returns to reside in the development. The HOA. board of directors, or other poverning
bodv mav permit a permitted health care resident to remain for a oeriod lower than 90
davs. but not to exceed an additional 90 davs;
In a “senior citizen housinp development’*, for anv person who
is a qualified permanent resident. as defined in this chapter, whose disablina condition
ends. the owner. HOA. board of directors. or other poverninp bodv may require the
formerly disabled resident to cease residina in the development, subject to the provisions of
California Civil Code Section 51.3 (bM3);
6. In a “senior citizen housinp development”, CC&Rs or other
documents or written policy shall allow temporary residencv for a auest, who may be less
than 55 years in ape, of a qualifiina resident, or Qualified permanent resident, for periods
of time, not less than 60 davs in any year, that are specified in the CC&Rs or other
documents or written policv.
CC&Rs or other documents or written policies applicable housinp for
senior citizens that contain ape restrictions, shall be enforceable onlv to the extent
permitted in California Civil Code Section 51.3. the Federal Fair Housina Act, and the
Federal Code of Regulations Title 24 Sections 100.300 to 100.308, notwithstandina lower
ape restrictions contained in those documents.
4.
5.
E.
Emlanation of Pronosed Amendments
Recommend resident parking requirement be increased from 1 space per every 2 units to I
space per every unit. Statistical data indicates that the average number of vehicles owned by
senior citizen households (age 55 and older), living in multifamily housing, is 1.1 vehicles
per household.
The guest-parking requirement is recommended to be increased from a total of 1 space to 1
space per every 5 units. This requirement is approximately 35% less than the visitor parking
required for non-senior housing projects. Other jurisdiction’s requirements for senior
housing visitor parking varied from no requirement, 1 space per 2 units, or 1 space per 5
units.
13
Ref.
No. -
67 -
68
-
Zone Single-family
Detached
6
TWO- Multiple
Family Dwelling
Amendments to Planned Development Regulations
(partial) Chapter 21.45
R- 1
R-2
Dwelling Dwelling x (I) (51 x (2) (5) N/A
Xf‘SJ Xf‘SJ x (2) (5) R-3
RD-M
P-c (3)
Accessory Uses (4)
X X X
X X X
X X X
X X X
existing project of comparable or higher density. Only permitted when the proposed project site is contiguous to a lot o
lots zoned R-3, R-T, R-P, C-1, C-2, C-M or M, but in no case shall thc
project site consist of more than one lot nor be more than ninety feet ir
width, whichever is less.
Permitted uses shall be consistent with the master plan.
Refer to Table F for specific uses.
“Housinp for senior citizens”is not permitted in R-1 and R-2 zones.
(2)
(3) (4)
(5) :Section 21.45.060 General development standards - “Table C” - Visit01
Parking requirements)
Visitor
Parking
On Private/
Public
Streets
Driveways
1. IO units or less: 1 space for each 2 units or fraction thereof.
2. 11 units or more: 5 spaces for the first IO units, plus 1 space
for each 4 units above IO.
3. Housina for senior citizens: I space for each 5 units. e. In cases where a fractional parking space is required, the
required number of spaces shall be rounded to the nearest
highest whole number.
1. Visitor parking may be provided: (I) along both sides of a minimum 34-foot wide private/public street or (2) in
perpendicular bays. When visitor parking is provided on
street, not less than 24 lineal feet per space, exclusive of
driveway entrances and driveway aprons, shall be provided
for each parking space, except where parallel parking
spaces are located immediately adjacent to driveway aprons, then 20 lineal feet may be provided.
1. Visitor parking must be provided in parking bays.
\
Explanation of Proposed Amendments
The following definition is proposed to be added in Section 21.45.030 Definitions: .
E. “Housina for senior citizens” is defined as specified in Section 21.84.020 of this
code.
“Table A of Section 2 1.45.040 proposed to be amended to clarify that housing for
senior citizens is not permitted in the R-1 or R-2 zones.
“Table C” of Section 21.45.060 proposed to be amended to specify visitor parking
for housing for senior citizens is 1 space per 5 units.
14
Ref.
No.
70
Amendments to Planned Development Regulations
(partial) Chapter 21.45
(Section 21.45.060 General development standards - “Table C” .
Community Recreation Space requirements)
~~
Community
Recreational
Space
All projects of more than 10 dwelling units shall provide 200
square feet of centralized, community recreational space per
unit. Projects with 25 or fewer units shall provide passive or
active recreation facilities; projects with more than 25 units shall provide both passive and active recreational facilities with
a minimum of 75 percent of the area allocated for active
facilities. Projects of more than 50 units shall provide
recreation facilities for a variety of age groups. Examples of
recreation facilities include, but are not limited to, the
following:
Active: Swimming pool with cabana, children’s playground
equipment, spa, tennis court, racquetball court,
volleyball court, basketball court, recreation rooms or
buildings, horseshoe pits, pitch and putt, grassy play
areas a minimum of 100 feet by I00 feet and any other
facility deemed by the planning director to satisfy the
intent of providing active recreational facilities.
Passive: Benches, barbecues, community gardens, or grassy
play areas with a slope of less than 5%.
1. Credit for indoor recreation facilities shall not exceed 25%
of the required centralized community recreation area.
2. Required recreation areas shall not be located in any required
front yard and may not include any driveways, parking
areas, walkways, storage areas, or any slopes of 5% or
greater.
3. For single-family or two-family projects of 50 units or more,
at least 25 percent of the common recreation space must be
provided as pocket parks. Pocket park lots must have a
minimum width of 50 feet and be located at strategic
locations such as street intersections (especially “T-
intersections”) and where open space vistas may be
achieved.
Note: These communitv recreational snace requirements
shall not adv to housinp for senior citizens (refer to ChaDter
21.84 of this code for common area requirements for housing for senior citizens).
Explanation of Proposed Amendments
“Table C” of Section 21.45.060 proposed to be amended to clarify that the community
recreation space requirements for planned developments do not apply to housing for senior
citizens. Housing for senior citizens does not typically require the recreation area needed by
developments that provide housing to families with children. The regulations for housing
for senior citizens (now Chapter 21 34) provide requirements for common area.’
15
- Ref.
No.
71
72
73
-
Amendments to Planned Development Regulations
(partial) Chapter 21.45
(Section 21.45.060 General development standards - “Table C” -
Recreation area parking requirements)
Recreation
Area Parking
1 space for each 15 residential lots or fraction thereof for lots
located more than 1,000 feet from a centralized community recreation center lot.
Note: Housing for senior citizens is not remired to be
provided with recreation area parkina.
[Section 21.45.060 General development standards - “Table C” -
Recreation vehicle storage requirements)
Recreational Vehicle Storage
(Section 21.4.
I.
2.
3.
Required for projects with 25 or more units.
20 square feet per unit exqlusive of area required for driveways and approaches.
Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or
residential specific plan.
The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets
or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All
RV storage areas shall be landscaped to screen vehicles to the maximum extent feasible.
Note: Housing for senior citizens is not rewired to be
4.
provided with recreational vehicle storage
080 Multiple-dwelling development standards - “Table E
- Resident parhng requirements)
uncovered space per unit
2. Studio units - 1.5 spaces; 1 covered per unit
3. Housinp for senior citizens: 1 covered space per
unit. ulus one covered space for an onsite manager’s
Explanation of Proposed Amendments
“Table C” of Section 21.45.060 proposed to be amended to clarify that the recreation area
parking requirements for planned developments do not apply to housing for senior citizens.
As noted above, housing for senior citizens is not required to be provided with the recreation
area required of other planned developments. Therefore, recreation area parking should not
be required.
Staff recommends that housing for senior citizens not be required to be provided with
recreational vehicle storage.
“Table E” of Section 21.45.080 proposed to be amended to indicate proposed
resident parking requirement for housing for senior citizens.
16
Ref.
No.
74
Ref.
No.
75
Ref.
No.
76
Visitor Parking
Amendments to Planned Development Regulations
1. 10 units or less: I space for each 2 dwelling units or
fraction thereof. 2. 11 units or more: 5 spaces for the first IO units, plus
1 space for each 4 dwelling units above IO.
3. Housing for senior citizens: I space for each 5
dwellinp units. 34. Visitor parking spaces must be located no more
than 150 ft. as measured in a logical walking path from
the entrance of the unit it could be considered to serve.
(partial) Chapter 21.45
(Section 2 1.45.080 Multiple-dwelling development standards - “Table E”
-
I 45. Visitor parking must be provided in parking bays.
Amendment to Residential Density Bonus or In-Lieu Incentives Chanter 21.86
,Section 21.86.020 Definitions)
2 1) U.84 of this title and Section 5 1.2 of the California Civil Code.
“Qualifying resident” means a resident as defined in Chapter
Amendments to Residential Zones (R-3, R-T, R-W, and RD-M)
Chapters 21.16,21.20,21.22 and 21.24)
11.16.016 Housing for Sgenior citizen2 kettftRg by site development plan.
Housinp for Sgenior citizens_ may be permitted by site development
Chapter 21.84 of this title. Tke Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
11.18.045 Housing for Sgenior citizew kettftRg by site development plan.
Housing for senior citizens mav be permitted bv site development
plan issued according to the provisions of Chapter 21.84 of this title.
Unless otherwise specified in Chapter 21.84, the development standards
Df this Zone shall applv.
2 1.20.025 Housing for Sgenior citizen2 kettstftg by site development plan.
dan issued according to the provisions of P ..
Housing for Sgenior citizens_ may be permitted by site development
Chapter 21.84 of this titfe. The Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
2 1.22.015 Housing for Szenior citizen? hetsmg by site development plan.
plan issued according to the provisions of P ..
Housina for Sgenior citizens_ may be permitted by site development
Chapter 21.84 of this title. The Unless otherwise specified in Chapter
21.84. the development standards of this zone shall apply.
plan issued according to the provisions of ..
Explanation of Proposed Amendments
“Table E’ of Section 21.45.080 proposed to be amended to indicate proposed visitor parking
requirement for housing for senior citizens.
Explanation of Proposed Amendment
Modify definition of “Qualifying resident” to reference new Housing for Senior Citizens
Chapter 21.84.
Explanation of Proposed Amendments
Amend the code section reference for Housing for Senior Citizens Chapter in all zones where
housing for senior citizens is permitted.
17
Ref.
No.
76
cont.
Amendments to Residential Zones (R-3, R-T, R-W, and RD-M)
Chanters 21.16.21.20.21.22 and 21.241
21.24.025 Housinn for Ssenior citizens_ kettstffg by site development plan.
Housina for Ssenior citizens_ may be permitted by site development
Chapter 21.84 of this title. %e Unless otherwise specified in Chapter
21.84. the development standards of this zone shall apply.
plan issued according to the provisions of ..
. Explanation of Proposed Amendments
Amend the code section reference for Housing for Senior Citizens Chapter in all zones where
housing for senior citizens is permitted.
18
i