HomeMy WebLinkAboutLCPA 02-08; Senior Housing Ordinance Amendment; Local Coastal Program Amendment (LCPA) (3)GRAY DAVIS. Govrrnor
SAN DIEGO AREA
7575 MFIROPOLlTAN DRIVE. SUITE 103
SAN DIEGO, CA ~ZIOS-MZI
(619) 767-2370
cadSba* September 24,2002
Thu 7c TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR
SUBJECT: CITY OF CARLSBAD DE MINIMIS LOCAL COASTAL PROGRAM
AMENDMENT NO. 4-03 (Senior Units) (For Commission review at its
meeting of October 7 - 10,2003)
The Coastal Act was amended January 1, 1995 to provide. for a more streamlined method to
review amendments to local coastal programs (LCP). Section 30514(d) allows the Executive
Director to make a determination that a proposed LCP amendment is de minimis in nature.
The Executive Director must determine that the proposed amendment: 1) has no impact,
either individually or cumulatively, on coastal resources; 2) is consistent with the policies of
Chapter 3; and 3) does not propose any change in land use or water use or any change in the
allowable use of property. Section 30514(d) requires the local government to notice the
proposed de minimis LCP amendment 21 days prior to submitting it to the Executive
Director either through: 1) publication in a newspaper of general circulation; 2) posting
onsite and offsite the area affected by the amendment; or 3) direct mailing to owners of
contiguous property. If the Executive Director makes the determination that the proposed
amendment qualifies as a “de minimis” amendment and finds the public notice measures
have been satisfied, such determination is then reported to the Commission for its
concurrence.
PROPOSED AMENDMENT
The City of Carlsbad has submitted an LCP amendment package which includes as one
component revisions to permit process requirements for Senior Dwelling Units consistent
with amended State Government Code Section 65852.2 of the certified zoning ordinance.
The zoning ordinance is the certified Implementation Plan for the City of Carlsbad LCP. The
Local Coastal Program Amendment amends the senior citizen housing regulations in the
Carlsbad Zoning Ordinance on a citywide basis. The amendment involves the following:
A.
B.
C.
D.
Incorporate regulations relating to housing for senior citizens fiom the California
Civil Code, Federal Fair Housing Act and Federal Code of Regulations into the
City’s existing senior housing regulations;
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;
Amend sections of the zoning ordinance to refer to the new housing for senior
citizens chapter;
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;
Carlsbad LCPA No. 4-03/De Minimis
September 24,2003
Page 2 I,*<
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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 provide clarification and consistency with other code provisions; and
H. Amend portions of the Planned Development regulations (Chapter 2 1.45) to specify
what regulations are or are not applicable to housing for senior citizens.
The City Council resolutions that approve and convey the proposed de minimis LCP
amendment are attached. The amendment was properly noticed through newspaper
publication and direct mail and there are no known interested parties. The amendment
request (LCPA #2-03) was received in the Commission office on June 27,2003 and includes
three separate components. The subject component was renumbered as LCPA #4-03 and is
being processed as a de minimis LCP amendment.
Following is a summary of the proposed changes along with a brief explanation of the
purpose for or intent of the change and a reason why it is de minimis pursuant to Section
305 14 of the Coastal Act.
DISCUSSION
The proposed amendment was initiated to ensure that the City’s senior housing regulations
are consistent with State and Federal laws. Effective January 1 2001, SB 201 1 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 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.
The amendments to the California Civil Code include various new or revised definitions,
which included a revised definition for “senior citizen housing development.” The
amendments also include development requirements intended to ensure that housing is
designed to meet the physical and social needs of senior citizens.
The amendment to the Federal Fair Housing Act and Federal Code of Regulations involves
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.
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
Carlsbad LCPA No. 4-03/De Minimis
September 24,2003
Page 3
(i.e., “qualified resident,” “qualified permanent resident” and “permitted health care
resident”).
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. The
amendment changes the City’s current definition of housing for senior citizens to reflect this
change. However, rather than removing the requirement all together, the City approved a
provision to encourage such 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.
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 than 55 years of age to occupy a unit. State law calls this type
of 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.
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.
These 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. 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.
Carlsbad LCPA No. 4-03m.e Minimis
September 24,2003
Page 4
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.
The Planned Development 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, the City found the interpretation
that “for-sale” housing for senior citizens (Le., condominiums) is not subject to the Planned
Development regulations. This finding 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, the City made the interpretation that the planned
development regulations were not intended to apply to housing for senior citizens.
However, the City found 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 few development standards
required for planned developments that should not apply to for-sale housing for senior
citizens. Therefore, the City found that the Planned Development chapter should be amended
to specify what standards are or are not applicable to housing for senior citizens.
The City found the changes to the resident parking standards for housing for senior citizens
to 1.5 spaces per every unit rather than 1 space per unit were based on the need to meet the
parking needs of senior citizens on the average based on census information and surveys of
the parking requirements of other jurisdictions. The proposed changes will have no impact,
either individually or cumulatively, on coastal resources.
The amendment modifies the permit procedures and development standards for senior
dwelling units proposed in the coastal zone. The proposed de minimis changes do not change
land uses currently permitted in residential zones; housing for seniors is currently permitted
in the R-3 Multiple family residential zone, the Residential Professional, Residential Tourist,
Residential Waterway and the Residential Density-Multiple zone, all of which permit
multiple family housing. Senior housing is also allowed in the Village Redevelopment Area
and in the Planned Community zone subject to the applicable master plan in those areas. The
amendment is adequate to carry out the certified land use plan and all proposed de minimis
modifications are consistent with Chapter 3 of the Coastal Act.
Carlsbad LCPA No. 4-03/De Minimis
September 24,2003
Page 5
CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL OUALITY ACT
[CEQA)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local
government from the requirement of preparing an environmental impact report (EIR) in
connection with its local coastal program. Instead, the CEQA responsibilities are assigned to
the Coastal Commission and the Commission's LCP review and approval program has been
found by the Resources Agency to be functionally equivalent to the EIR process. Thus,
under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an
EIR for each LCP.
Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP
amendment submittal, to find that the LCP, or LCP, as amended, conforms with CEQA
provisions. In the case of the subject LCP amendment request, the Commission finds that
approval of the de minimis LCP amendment, as submitted, would not result in significant
environmental impacts under the meaning of the California Environmental Quality Act.
Therefore, the Commission finds that there are no feasible alternatives under the meaning of
CEQA which would reduce the potential for such impacts which have not been explored and
the de minimis LCP amendment, as submitted, can be supported.
DETERMINATION
The Executive Director determines that the City of Carlsbad LCP amendment is de minimis.
Based on the information submitted by the City, the proposed LCP amendment will have no
impact, either individually or cumulatively, on coastal resources. It is consistent with the
policies of Chapter 3 of the Coastal Act. The amendment does not propose any change in
land use or any change in the allowable use of property. The City has properly noticed the
proposed amendment. As such, the amendment is de minimis pursuant to Section 30514(d).
MOTION: I move that the Commission concur with the Executive
Director's determination that the LCP amendment, as
submitted, is de minimis.
STAFF RECOMMENDATION:
The Executive Director recommends that the Commission concur in this determination.
Unless three or more members of the Commission object to this determination, the
amendment shall become effective and part of the certified LCP ten (10) days after the date
of the Commission meeting.
(G:\San Diego\Reports\LCP's\Carlsbad\CAR LCPA 4-03 deminimis. 9.24.03.doc)
ZCA 02-04 / LCPA 01-08
HOUSING FOR SENOR CITIZENS ORDISANCE AhlEKDlIEST
STRII(EOUTAJNDERL1KE VERSIOK OF ZONING ORDINANCE TEXT XJIESD\lEST
3 Section 31.16.016 (R-3 Multiple-Family Residential Zone chapter) is proposed to be amended
as follows:
21.16.016 Housinp for Ssenior citizens hws-mg by site development plan.
Housing for Ssenior citizens may be permitted by site development plan issued according to the
Chapter 21.81 of this title. The 'Linless otherwise ' " 31 1- provisions of S~SIC,~ -A.L .
specified in Chapter 21.83. the development standards of this zone shall apply.
D Section 31.18.045 (R-P Residential Professional Zone chapter) is proposed to be amended 3s
follows:
21.18.045 Housing for Sgenior citizens by site development plan.
Housing 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 21.83. the
development standards of this zone shall applv.
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APPLICATION NO.
Carlsbad DeMinirnl I LCPANo.4-03 (Senlor ClttzMI Howin@) StrikeouVUnderlhe
2
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4
s Section 31.30.025 (R-T Residential Tourist Zone chapter) is proposed to be amended 2s rollo~ 5:
21.20.025 Housing for Ssenior citizens by site de\reloprnent plan. Housingforsenior citizens may be permitted by site development plan issued accordin= c7 IO the - Chapter 21.81 of this title. The Linless otherwise ' 71 rPQ.1; nf provisions of S~~WR -I.AU. Id VI
specified in Chapter 21.84. the development standards of this zone shall apply.
51 Section 2122.015 (R-W Residential Waterway Zone chapter) is proposed to be amended as
follows:
21.22.015 Housing for Ssenior citizens by site development plan.
provisions of Seehc,, '' -I. 17 . Chapter 21.81 of this title. The Unless otherwise
specified in Chapter 21.84, the development standards of this zone shall apply.
HousinE for Szenior citizens may be permitted by site development plan issued according to the
Q Section 21.24.025 (RD-M Residential Density-Multiple Zone chapter) is proposed to be
amended as follows:
21.24.025
provisions of-. -A. ' 1 V. *
specified in Chapter 21.84, the development standards of this zone shall apply.
Housing for Ssenior citizen2 kw-skg by site development plan.
Housing for Szenior citizens may be permitted by site development plan issued according to the Chapter 21.84 of this title. Tke Unless otherwise
o Section 21.44.020(a)(9) (Parking chapter) is proposed to be amended as follows:
(9) Housing for Senior Citizen2 0 - Minimum me 1.5 covered spaces per
every we units, plus w+e 1 covered space for an onsite manager's unit (when provided) and me 1
guest parking space per everv 5 units, subject to approval of a site development plan.
o The following definitions are proposed to be added and modified in Section 21.45.030
Definitions (Planned Developments chapter):
E. "Housing for senior citizens" is defined as specified in Section 21.84.020 of this code.
EE. "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 fonn 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.
Gg. "Twin-home" means two homes attached by a comrnon wall where each home and lot or
exclusive use area has separate ownership.
5
3 An amendment to “Table A” of Section 21.35.010 Permitted zones and uses (Planned
Developments chapter) is proposed as follows:
Zone Single-famil y
Detached
Dwelling
R- 1 XD
R-2 X (5)
R-3 X
TABLE A
PERMITTED RESIDENTIAL USES
I Ivf ul t i p le ! TWO-
Family
D we 1 ling
D \\.e 1 1 in g
x (3) (5) N/A
XU X (2) (5)
X X
~~ [ Accessory Uses (4) I X Ix (x 1
RD-M
P-c (3)
Accessory Uses (4)
X X X
X X X
X X X
RD-M
P-c (3)
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)
IS)
X X X
X X X
o An amendment to “Table C” of Section 21.45.060 General development standards (Planned
Developments chapter) is as follows:
(Partial )
Table C
General Development Standards Applicable to All Planned
Visitor
Parking
On Private/
Public
Streets
Driveways
Community
Recreationa
1 Space
Developments
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. Housing for senior citizens: 1 space for each 5 units.
31,. 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: (1) along both sides of a minimum 34 foot wide privatdpublic
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.
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 75 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
6
Recreation
Area
P arki n e
Recreationa
1
Vehicle
Storage
c
plannins director to satisfy the intent of providing active recreational txilities.
’assive: Benches. barbecues. community gardens. or grass!. play areas uith a slope ut less than 5‘;
1. Credit for indoor recreation facilities shall not exceed 255 of the required centrdized <ommunir!
recreation area.
2. Required recreation areas shall not be located in any required fronr yard and mu!. ncir ixlude un!
driveways, parking areas, walkways. storage areas. or any slopes of 55 or = “reuter.
3. For single-family or two-family projects of 50 units or more. at least 25 percent ot the cummon I
recreation space must be provided as pocket parks. Pocket park lots must ha\.= ;I minimum ni&h of i
50 feet and be located at strategic locations such as street intersections (rspeciall\. “T-intersec~ii)ns”~
and where open space vistas may be achieved.
Note: These communitv recreational space requirements shall not applv to housing for senior
citizens (refer to Chapter 21.81 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 thin 1.000 feet from a
centralized community recreation center lot.
Note: Housing for senior citizens is not required to be provided with recreation area parkin%
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 vehicles to the maximum extent feasible.
Note: Housing for senior citizens is not required to be provided with recreational vehicle storage.
If no RV storage is provided for housing for senior citizens, the CC&Rs for the project shall
clearlv specifv that RV storace is not available.
An amendment to “Table E’ of Section 21.45.080 Multiple-dwelling development standards
(Planned Developments chapter) is as follows:
(Partial )
Table E
Multiple-Dwelling Development Standards
Visitor Parking
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: 1.5 covered maces per unit, plus one covered mace
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.
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.
45. Visitor parking must be provided in parking bays.
units above 10.
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 titie and
Section 5 1.2 of the California Civil Code.
7
J Chapter 21.84 Housins for Senior Citizens is proposed to be added to the Zoning Ordinance a5
follows:
Chapter 21.81
Housing for Senior Citizens
21.84.010 Title.
21.84.020 Purpose.
21.84.030 Definitions.
21.84.040 Use Table.
21.84.050 Location Guidelines.
21.84.060 Development Standards and Design Criteria.
~ ~ ~~~~ 21.84.070 Inclusionarv Housino, Requirements and Densitv Bonus Provisions.
2 1.84.080 Application Process.
21.84.090 Findings for Approval.
21.84.100 Additional Requirements.
21.84.1 10 Monitoring and Reporting Requirements.
21.84.010 Title.
A.
for Senior Citizens Ordinance of the Citv of Carlsbad.”
This chapter shall be known and mav be cited and referred to as the “Housing
21.84.020 Purpose.
A. The purpose of the housinv for senior citizens rermlations is to:
1. Recognize the housing needs of senior citizens;
2. Provide a mechanism and standards for the development of rental or
for-sale housing available to senior citizens;
3. Provide comprehensive standards and regulations to ensure housinp is
designed to meet the special needs of senior citizens (Le. phvsical. social and economic needs);
4. Facilitate the establishment of housing for senior citizens within certain
zones subiect to the approval of a site development plan;
5. Complv with state and federal laws prohibitinp age discrimination in
housing: and
6. Provide standards and repulations for housing for senior citizens
construed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4, the Federal
Fair Housing Act, and the Federal Code of Remlations 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 together as
husband and wife, or persons who are domestic partners within the meaning of Section 297 of
A.
the Familv Code.
2, Disability. “Disabilitv” means anv mental or phvsical disabilitv as
defined in Section 12926 of the Government Code.
8
3. Housing (Dwelling Unit). ”Housing.“ or ’‘dw elling unit“ mean4 an\
residential accommodation (rental unit or for-sale unit) designed for occupanci b\ a \enlor
citizen or qualifving resident. and each unit ha\ing onh one kitchen. ewluding mobile home\
in a “senior citizen housing development”.
4. Housing Cornmunit\. b‘Housing cornmunit\” nienns an\ d\\ ellin2 or
group of dwelling units governed bv a common set of rules. regulations or restrictions. .A
portion or portions of a single building shall not constitute a housing coniniunit\.
bbHousing for senior citizens“ nleilns a
housing communitv:
provided under anv State or Federal program that the Secretan
of Housing and Urban Development determines is specificallv designed and operated to assist
senior citizens (as defined in the State or Federal promam): or
b. intended for. and solelv occupied bv. persons 62 years of age or
older: or
C. intended and operated for occupancv bv persons 55 vears of age
or older. and where the housing facilitv is consistent with the definition of a “senior citizen
housing development”.
Senior Citizen. “Senior citizen” means:
a.
b.
5. Housing for Senior Citizens.
a.
6.
a person 62 vears of age or older: or
a person 55 vears of age or older in a “senior citizen housing
7. Senior Citizen Housing Development. “Senior citizen housing
development .”
development” means:
a. a residential development developed, substantiallv rehabilitated,
or substantiallv renovated. for persons 55 vears of age or older. that has:
i.
ii.
at least 35 dwelling units (rental or for-sale units): and
at least 80 percent of the occupied dwelliw units occupied
bv at least one person who is 55 vears of ape or older.
B. The following definitions shall onlv applv to a “senior citizen housing
development”:
age or older in a senior citizen housing development.
1.
2.
Oualifving Resident. “Oualifving resident” means a person 55 vears of
Oualified Permanent Resident. ‘Qualified permanent resident” means:
a. A person who meets both of the following requirements:
1. Was residinp with the qualifving resident prior to the
death. hospitalization, or other prolonged absence of. or the dissolution of marriage with, the
gualifving resident: and
ii. Was 45 vears of age or older. or was a spouse, cohabitant,
or person providinc primary phvsical or economic support to the aualifving resident.
A disabled person or person with a disabling illness or iniurv who
is a child or grandchild of the qualifying resident or a qualified permanent resident, who
needs to live with the qualifving resident or qualified permanent resident because of the
disablinp 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 qualifving
resident. or a familv member of the qualifyinp resident providing that care. The care
provided bv a permitted health care resident must be substantial in nature and must Drovide
either assistance with necessarv dailv activities or medical treatment. or both.
b.
9
21.81.010 Use Table.
development plan (SDP’, in certain zones as indicated in the folloning table:
A. Housing for senior citizens is permitted subiect to the appro\d of a site I
Zone
R-3
TABLE A
Housing for Senior Citizens
SDP
ZONES WHERE HOUSING FOR SENIOR CITIZEXS IS PERRIITTED
R-P SDP:
- R-T SDP - R-W SDP
RD-M SDP
V-R
P-c
** **
Note: Housing for senior citizens is prohibited in those zones not indicated.
21.84.050 Location Guidelines.
Housing for senior citizens should, whenever reasonablv possible. be located
consistent with the following location guidelines:
1. The proposed project should be located in close proximitv to a wide
range of commercial retail. professional. social and communitv services patronized bv senior
citizens: or have its own private shuttle bus which will provide dailv 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 tonographicallv level area;
A.
2.
3.
and I___ - 4. Development of housinp for senior citizens at the proposed location
should not be detrimental to public health, safetv and general welfare.
21.84.060 Development Standards and Design Criteria.
A. Housing for senior citizens shall complv with all applicable development
standards of the underlying zone. except those which mav be modified herein or as an
additional incentive wanted pursuant to Chapter 21.86 of this code.
B. In the coastal zone, anv project processed pursuant to this chapter and Chapter
21.36 of this code shall be consistent with all certified local coastal program provisions, with
the exception of densitv.
C. Parking shall be provided as follows:
1.
2.
A minimum of 1.5 covered maces Der everv unit, plus 1 covered mace
Whenever possible, parking spaces should be laid out at either a thirty,
for an onsite manaper’s unit {when provided), and 1 guest parking space per every 5 units;
fortv-five or sixtv degree ande; and
10
3. Required parking spaces shall be available to residents of the project at
no fee.
To the maximum extent feasible. architectural harnionv. through the use of‘
appropriate building height. materials. bulk and scale nithin the del elopnient and \\ ithin the
existing neighborhood and communitv shall be obtained.
E. The building(s) shall be finished on all sides with similar roof and wall
materials. colors and architectural accent features.
F. Laundrv facilities must be provided in a separate room at the ratio of one
washer and one drver for everv twentv-five (25) dwelling units or fractional number thereof.
At least one washer and one drver shall be provided in everv proiect. \Vashers and drvers
mav be coin operated.
A manager’s unit shall be provided in everv pro~iect of 16 or more units (rental
projects onlv). The manaper’s unit shall be a complete dwelling unit and so designated on a11
plans.
Housing for senior citizens shall be designed to encourage social contact bv
providing a minimum of one common room. which mav include. but is not limited to, a
recreatiodsocial room. a common dining facilitv or a readindTV room. Common open space
shall also be provided. which mav include. but is not limited to, communitv gardening areas
or open landscaped areas with walkwavs and seating. Common areas shall be designed to
ensure that thev are useful and functional for residents. and shall complv with the foliowino,:
The minimum amount of common area required in each project shall be
no less than twentv (20) square feet per dwelling unit;
Common space excludes all stairwells and anv balconies of less than
fortv (40) square feet;
Unless the building is serviced bv an elevator, common rooms shall be
located on the ground floor: and
Adiacent toilet facilities for men and women shall be provided.
D.
G.
H.
1.
2.
3.
4.
I. 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 the phvsical
and social needs of senior citizens. Such desirable services and programs mav include, but are
not limited to. the following:
1. Social and recreational programs;
2.
3. House cleanindcooking
4. Inside/outside maintenance services;
5.
6. Transnortation services.
Access to all common areas and housing units shall be provided without use of
Continuinp education. information and counseling services;
Emergencv and preventative health care proprams/services: and
J. stairs, either bv means of an elevator or sloped walking ramps.
Entrvwavs, walkways. and hallwavs in the common areas, and doorways and
paths of access to and within the housing units, shall be as wide as required bv current laws
applicable to new multifamilv housinP construction for provision of access to persons usinp a
standard-width wheelchair.
Walkwavs and hallwavs in the common areas shall be equinned with standard
height railings or grab bars to assist persons who have difficultv with walking, and shall have
lightinp conditions that are of sufficient briehtness to assist persons who have difficultv seeing.
K.
L.
11
hl. Trash collection containers shall be provided in an easily accessible location kind
in manner that requires a minimum of phvsical exertion bv residents. Trash collection
containers shall also be completelv screened and located as inconspicuoush as possible. Trash .
enclosures shall be of similar colors and materials as the main buildins
N. Dwelling units shall be provided with the following:
1. Tubs and/or showers equipped with. or adaptable for. at least one grab
bar: - 2. Tubs and/or showers equipped with temperature regulating devices:
3. Slip resistant tub and/or shower bottom surfaces: and
4. Peepholes in entrv doors.
The design of housing for senior citizens should. to the extent practicable.
implement the principles of Universal Design as currentlv established bv the Center for
Universal Design at the North Carolina State Universitv. or anv other residential design
elements for seniors that mav currentlv be established bv the California Department of Aginp.
Universal Design principles encourage building design with accessible and adaptable features
that are universallv usable bv most people regardless of their level of abilitv or disabilitv.
Examples of Universal Design are as follows:
1. A dwelling unit should be designed to be accessible or adaDtable for
disabled access:
2. An adaptable dwelline 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: and
In an adaptable unit. wide doors. no steps. knee spaces. control and
switch locations. grab 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
installino 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 heights as required
for wheelchair users.
P. Housing for senior citizens shall complv with all applicable buildinp and
housing codes, and requirements for access and design imposed bv law, including. but not
limited to, the Fair Housing Act (12 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
Regulations that relate to access for persons with disabilities or handicaps. Nothing in this
section shall be construed to limit or reduce anv right or oblioation applicable under those
laws.
0.
3.
-
21.84.070 Inclusionarv Housing Requirements and Density Bonus Provisions.
Anv market-rate rental or for-sale uroiect constructed pursuant to this chapter
shall be required to complv with the inclusionarv requirements for residential developments
in Chanter 21.85 of this code.
Upon written request by an applicant, and in return for his aereement to
develop and operate a project in accordance with this chaDter and Chapter 21.86 of this code
{residential densitv bonus). the final decision-making authoritv shall allow an increase in the
number of dwelling units permitted per acre (densitv), provided the request for densitv bonus
complies with the requirements of Chapter 21.86.
A.
B.
12
21.83.080 Application Process.
A. Preliminary Revieis .4pplication - a preliminan re\ ieu applicatiori niB\ he
submitted prior to the submittal of a formal application (note - if the proiect include\ 3
request for a density bonus. a preliminary rei ie\$ application is required 1.
1. A preliminarv revieH application shall include the follon in2
information:
a. A brief description of the proposal including the total nuniher of
senior units. densitv bonus units and affordable senior units proposed:
b. The general plan and zoninp designations. and assessors parcel
number(s) of the proiect site:
C. A site plan. drawn to scale. which includes: buildinp footprints.
drivewav and parking lavout. existing contours and proposed gradinp: and
d. A letter identifving what specific incentives fi.e.. densit\ bonus.
standards modifications or financial incentives) are being requested of the citv. if any.
After review of the preliminarv application. the planning department
shall provide to an applicant a letter identifving 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 authoritv.
Formal Application - a proposal to develop housing for senior citizens shall be
processed under a site development plan (SDP) application in addition to anv otherwise
required application(s) &e.. tentative maps. parcel maps. planned unit developments. etc.).
The site development plan application shall be processed according to the provisions of
Chapter 21.06 of this code. excluding Section 21.06.020 (b) (1). (2). (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 completed aaplication shall include the following information:
a.
b.
A IePal description of the total site proposed for development
including a statement of present ownership and present and proposed zoning;
If a densitv bonus or other incentives are requested. a letter shall
be submitted simed bv the wesent owner statinp how the project will complv with
Government Code Section 65915 and stating what is being requested from the citv,
densitv bonus. modification of development standards or other additional incentives): and
Site plans and other supporting plans (i.e.. a landscape plan,
building elevations and floor plans) as per the Citv’s application submittal requirements;
A detailed vicinitv 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 likelv to be Datronized bv senior citizens:
e. A set of floor plans for each different tvpe of unit indicating a
typicallv furnished apartment. with dimensions of doorwavs, hallwavs. closets and cabinets;
f. A floor plan of the first floor or other floor showing any common
areas and accommodations;
g. Any additional information required as per the Citv’s apnlication
submittal requirements.
If the project involves a request for financial incentives from the Citv,
then anv decision on such a request shall be made bv the Citv Council upon recommendation
from the Housing 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
develoDment plan and other related development applications (i.e., tentative maps. parcel
C.
d.
2.
13
maps. planned unit developments. etc.). after consideration of a recommendation from the
Plannino Commission.
At the time of plan submittal for building permits. the applicant shall
submit a set of detailed drawinEs for kitchens and bathroonis indicatino, counter and catiinet
heights and depth. tvpe of pulls. faucets. grab-bars. tub and/or sholver dimensions. and
handicapped turn space where appropriate.
3.
21.84.090 Findings for Approval.
A site development plan for housing for senior citizens shall be approved only if
the followinz findings are made:
1. The proiect is consistent with the various goals. obiectives. policies an‘d
programs of the General Plan. the provisions of Municipal Code Title 21 (Zoninp Ordinance).
the Local Coastal Program (if applicable). and/or the provisions of an applicable niaster or
specific plan;
The project site is adequate in size and shape to accommodate the
proposed proiect;
The project is properlv related to and will not adverselv imDact the site,
surroundings and environmental settinps. and will not be detrimental to existing uses
specificallv permitted in the area in which the proposed proiect is to be located;
The proiect shall not result in densitv or design that is incompatible with
other land uses in the immediate vicinitv, and the proiect will provide and maintain all vards,
setbacks, walls, fences, landscaping. and other features determined necessarv to provide
compatibilitv with existing or permitted future uses in the neiphborhood:
5. The street svstem servinp the proposed proiect is adequate to properly
handle all t.raffic generated bv the proiect: and
6. The request for a densitv bonus and/or additional incentive(s) is
consistent with the provisions of Chapter 21.86 of this code. (This finding shall onlv applv to
projects requesting a densitv bonus andor additional incentives).
A.
2.
3.
4.
21.84.100 Additional Requirements.
No housing development constructed prior to Januarv 1, 1985. shall fail to
qualifv as a “senior citizen housing development” because it was not originallv developed or
put to use for occupancv bv senior citizens.
Any person who, on January 1, 1985. had the right to reside in, OCCUDV, or use
housing that is subject 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
ripht to continue that residencv, occupancy. or use as the result of the implementation of this
chapter.
Anv 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 occupancy bv
persons 62 vears of age or older, shall not be deprived of the right to continue that residency,
occupancv or use as a result of the implementation of this chapter; provided that all new
occupants are persons 62 years of age or older.
D. A developer of housing for senior citizens shall establish a homeowner’s
association, board of directors. or other poverning bodv, and corresnonding covenants,
conditions and restrictions or other documents or written policv. Said CC&Rs or other
documents or written policv shall be submitted to and approved bv the Planninp Director and
A.
B.
C.
14
recorded prior to issuance of a building permit.
documents or u ritten policv shall set forth the following:
.4t a minimum. the CCSRI or otlicr
1. Limitations on occupancT. residencv or use on the basis of age:
a. Anv such limitation shall not be more euclusi\e than to require
that:
1. each Person in residence in each dwelling unit be required
to be 63 vears of age or older: or
in a “senior citizen housing development” each person in ii.
residence in each dwelling unit be required to be a senior citizen or qualifying resident. and
that each other resident in the same dwelling unit mav be required to be a qualified
permanent resident. a permitted health care resident. or a person under 55 vears of age \\hose
occupancv is permitted under California Civil Code Section 51.3 (h) or Section 51.1 (bl:
The limitations on occupancv rnav allow for occupancv of units bv
emplovees of the housing communitv (and familv members residing in the same unit) \\ ho are
under 62 vears of age. or who do not qualifv as a qualifvinq resident. provided thev perform
substantial duties directlv related to the management or maintenance of the housing
communitv:
The limitations on occupancv for housing that is intended for. and
solelv occupied bv, persons 62 vears of age or older, shall not be less exclusive than to require
that the persons commencing anv occupancv of a dwellinp unit be 62 vears of age or older,
excludinp occupancv bv persons permitted pursuant to Section 21.84.1OOC. and D.1.b. above;
d. In a “senior citizen housing development”, the limitations on
occupancv mav be less excusive than stated above. but shall at least require that the persons
commencing anv occupancv of a dwelling unit include a qualifving resident who intends to
reside in the unit as his or her primarv residence on a permanent basis;
e. In a “senior citizen housing development”. the limitation on
occupancv mav result in less than. but not less than 80 percent. all of the dwellings being
actuallv occupied bv a qualifvinp resident;
In a “senior citizen housing development”. uuon the death. dissolution of
marriage. or upon hospitalization. or other prolonged absence of the qualifving 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 occupancv, residencv, or use of the dwelling
unit as a permitted resident. This provision shall not applv to a permitted health care
resident;
3. In a “senior citizen housing development”. a permitted health care
resident shall be entitled to occupv a dwellinp unit during anv period that the uerson is
actuallv providinp live-in. long-term, or hospice health care to a senior citizen or qualifving
resident for compensation. which includes the provision of lodging and food in exchange for
care;
In a “senior citizen housing develonment”, upon the absence of the
qualifving resident, a permitted health care resident shall be entitled to continue his or her
occupancv. residencv. or use of the dwellinp unit oniv if: a) the aualifving resident became
absent from the dwelling unit due to hospitalization or other necessarv medical treatment and
expects to return to his or her residence within 90 davs from the date the absence bepan; and
b) the absent quaiifving resident. or an authorized person actinq for the qualifving resident,
submits a written request to the owner. HOA, board of directors. or other governing body
stating that the qualifving resident desires that the permitted health care resident be allowed
to remain in order to be present when the qualifving resident returns to reside in the
-
b.
C.
2.
4.
15
development. The HOA. board of directors. or other governino bodv ma\ perniit a permittrd
health care resident to remain for a period longer than 90 davs. but not to elceerf an
additional 90 dam:
5. In a "senior citizen housing development". for an\ person \tho is ;1
qualified permanent resident. as defined in this chapter. Fyhose disablin? condition ends. the
owner. HOA. board of directors. or other governing bodv niav require the fornierlv disabled
resident to cease residing in the development. sub~iect to the provisions of California Cilil
Code Section 51.3 (b)(3):
In a "senior citizen housinp development". CC&Rs or other docunients
or written policv shall allow temporarv residency for a guest. who niav be less than 55 years in
age. of a qualifving resident. or qualified permanent resident, for periods of time. not less than
60 davs in anv vear. that are specified in the CCLkRs or other documents or written policv.
CC&Rs or other documents or written policies applicable housinp for senior
citizens that contain age restrictions, shall be enforceable onlv to the extent permitted in
California Civil Code Section 51.3. the Federal Fair Housinu Act. and the Federal Code of
Reuulations. Title 24 Sections 100.300 to 100.308. notwithstanding lower age restrictions
contained in those documents.
6.
E.
21.84.110 Monitoring and ReportinP Requirements.
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 project tenants and their age to the Citv's Planning Department.
16