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Home My WebLink AboutZCA 09-04; Housing Element Program Implementation; Zone Code Amendment (ZCA) The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: July 3, 2012 Project Planner: Scott Donnell & Pam Drew Project Engineer: N/A SUBJECT: ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11- 08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION – A request to recommend approval of amendments to the Zoning Ordinance, Village Master Plan and Design Manual and Local Coastal Program to implement various programs of the 2005-2010 Housing Element. Implementation would add land use and development standards for farmworker housing, emergency shelters, transitional and supportive housing, and managed living units and would make relevant changes to the definition and standards for residential care facilities; and a request to recommend approval of a determination that the amendments are within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6892, 6893, 6894, 6895, 6896, 6897, and 6898 RECOMMENDING that the amendments to the Zoning Ordinance and Local Coastal Program (including the Village Master Plan and Design Manual) are within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and RECOMMENDING APPROVAL of Zone Code Amendments ZCA 09-04, ZCA 09-05, and ZCA 11-07; and Local Coastal Program Amendments LCPA 09-03, LCPA 09-04, LCPA 11-08, and LCPA 95-10(B) based on the findings contained therein. II. INTRODUCTION The city proposes to implement four Housing Element programs through amendments to the Zoning Ordinance, Village Master Plan and Design Manual, and Local Coastal Program. Implementation of the programs is necessary to comply with state law, which requires local governments to identify sites (e.g., land use zones or districts) and remove governmental constraints (e.g., restrictive standards) to facilitate and encourage development of a variety of housing for all income levels. “Variety of housing” specifically includes emergency shelters, farmworker housing, managed living units, and transitional and supportive housing. State law does not require cities to develop housing but instead to provide appropriate standards to enable developers to do so. The Housing Element programs, a brief summary of their relevant objectives, and the project numbers assigned to each are as follows: 6 ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 2 A. Program 3.13: Farm Labor Housing (Farmworker Housing) (ZCA 09-04/LCPA 09- 03). Amend the Zoning Ordinance to comply with state law to permit, by right or conditionally, farmworker housing where agricultural uses are also permitted by right or conditionally; B. Program 3.14: Housing for the Homeless (Emergency Shelter) (ZCA 09-05/LCPA 09-04). Amend the Zoning Ordinance to permit, by right or conditionally, year-round emergency shelters in the M and P-M zones; C. Program 3.15: Transitional and Supportive Housing (ZCA 11-07/LCPA 11-08). Amend the Zoning Ordinance to define and permit, by right or conditionally, these specific housing types; also, revise the definition and standards regarding residential care facilities; and D. Program 3.17: Alternative Housing (Managed Living Units) (LCPA 95-10(B)). Amend the Village Master Plan and Design Manual to provisionally permit managed living units. Note that this program only affects the Village area and does not require an amendment to the Zoning Ordinance. The proposed amendments achieve the objectives of the four Housing Element programs. They are also consistent with the policies of the General Plan and Local Coastal Program (LCP). Since the Village Master Plan and Design Manual serves as the LCP for the Village area, its proposed amendment also needs a Local Coastal Program Amendment. The Village Master Plan and Design Manual also regulates Village land uses both inside and outside of the coastal zone; however, it is a “master plan” in name only and revisions to it require only an amendment to the LCP. The city adopted the Housing Element in December 2009; it was certified by the state in March 2010. The Housing Element addresses Carlsbad housing needs through the end of this year. An updated Housing Element for the 2013 – 2020 housing cycle will be proposed for adoption as part of the General Plan update in early 2013. III. PROJECT DESCRIPTION AND BACKGROUND The California Legislature has identified the attainment of a decent home and suitable living environment for every resident as the state’s major housing goal. Local implementation of this goal is accomplished largely through the Housing Element. A Housing Element has two main purposes: Assess both current and future housing needs and the constraints in meeting those needs; Provide a strategy that establishes the housing goals, policies and programs necessary to meet those needs. Carlsbad’s Housing Element contains an analysis of housing needs and constraints, resources available to help meet needs, and a plan that identifies the city’s housing strategy. Part of the housing plan are the four housing element programs described above, all adopted to comply with state law. For example, Government Code Section 65583 requires cities to remove governmental constraints and identify sites to facilitate and encourage development of a variety of housing for ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 3 all income levels, including farm worker and transitional and supportive housing, homeless shelters, and managed living units. While jurisdictions are not required to provide or construct housing, they must enable developers or others to do so through appropriate standards. By explicitly defining and identifying these different uses in the Zoning Ordinance and Village Master Plan and Design Manual, the recommended zone code and local coastal program amendments accomplish this state mandate. State law establishes the parameters for the permitting of and standards for farm worker housing, transitional and supportive housing, and emergency shelters. These parameters, which limit a jurisdiction’s zoning powers, are as follows: Transitional and supportive housing are considered residential uses if they contain no more than six persons. If a zone allows residential uses by right and the transitional or supportive housing meets the six person occupancy limitation, they must be allowed by right as would any other residential use in the zone. Further, they are subject only to those restrictions that apply to other residential uses of the same type in the same zone. Although discussed together throughout this report, transitional and supportive housing are independent uses. Farmworker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use. No conditional use permit, zoning variance, or other zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone (California Health and Safety Code Section 17021.6). Emergency shelters must be permitted by right in at least one zone without a conditional use permit or other discretionary action. The zone must have sufficient capacity (e.g., vacant sites or available buildings) to accommodate the need for emergency shelters, including at least one year-round emergency shelter. Shelters shall be subject to development and management standards that apply to other uses in the same zone. Objective standards relating to maximum number of beds, on-site management, length of stay and security may also be applied. Permit and land use standards for managed living units are not similarly restricted; nevertheless, cities must provide and identify sites for a “variety of housing for all income levels,” including managed living units. A. Farm Labor Housing (Farmworker Housing) As mentioned previously, California Health and Safety Code Section 17021.6 deems farmworker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household as an agricultural land use. California Health and Safety Code Section 17008(a)(1) defines the types of conventional and non-conventional housing structures which are acceptable as farmworker housing, such as any living quarters, dwelling, boardinghouse, tent, barracks and bunkhouses, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations. The housing can only be occupied by farmworkers or farmworkers and their households. Farmworkers or farmworkers and their households may occupy the housing for temporary, seasonal, or permanent residence. ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 4 Consistent with state law, the proposed zone code amendment would define a “small” farmworker housing complex as consisting of conventional and non-conventional structures housing up to 36 farmworkers or 12 units/spaces. A small farmworker housing complex would be permitted as an agricultural use. Since most zones in the city permit agricultural uses, a small farmworker housing complex would be permitted in most zones as well. The proposed amendment also would define a “large” farmworker housing complex. A large farmworker housing complex would consist of housing for more than 36 farmworkers or more than 12 units/spaces. It would be allowed in the Industrial (M) Zone only upon the issuance of a conditional use permit by the City Council. The Employee Housing Act, found in the California Health and Safety Code, allows for flexibility in housing types for farmworker housing, including the conventional and non- conventional structures previously described. The laws and regulations governing these structures depends on the housing type; however, all employee housing must comply with: the Employee Housing Act (Health and Safety Code Section 17000 et. seq.) and the Employee Housing Regulations (Title 25 – Housing and Community Development), which outline specific requirements for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and heating; and the provisions of this section. The property owner must obtain all permits and/or approvals from the City of Carlsbad, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. A farmworker housing complex may require a building permit, and if located in the coastal zone, may also require a coastal development permit issued according to the provisions of Section 21.201of this title. B. Housing for the Homeless (Emergency Shelter) An emergency shelter is a year-round facility with minimal supportive services that houses homeless persons or families on a limited short-term basis (six months or less); typically, housing is provided in a group quarters, or dormitory-style accommodation. The Zoning Ordinance does not currently reference emergency shelters directly, although churches may provide temporary shelter. Emergency shelters will be required to be operated under the authority of a governing agency or private, non-profit organization that provides, or that contracts with recognized community organizations, such as Catholic Charities, to provide emergency shelters and which, when required by law, are properly registered and licensed. The shelters will comply with all property development standards of the zone in which they are located. In addition, Section 65883(4)(A) of the Government Code allows cities to apply written, objective standards that include the following: 1) maximum number of beds or persons permitted to be served nightly by the facility; 2) number of off-street parking spaces based upon demonstrated need; 3) size and location of exterior and interior onsite waiting and client intake areas; 4) the proximity to other emergency shelters; 5) length of stay; 6) lighting; and 7) security during hours that the emergency shelter is in operation, etc. ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 5 Emergency shelters will have a maximum number of beds or persons. No more than 30 beds shall be provided and no more than 30 persons shall be served in any single emergency shelter, except as authorized by a Conditional Use Permit approved by the City Council pursuant to Chapter 21.42 of the Carlsbad Municipal Code (C.M.C.). C. Transitional and Supportive Housing As its name implies, transitional housing is rental housing intended to help homeless persons transition from homelessness to permanent housing. It can take several forms, including group quarters with beds (such as a dormitory), single-family homes, and multi-family apartments. Based on its definition in state law, transitional housing is operated as part of a program that typically offers case management and support services. After a predetermined period of time (usually between 6 and 24 months), an individual’s or family’s ability to use transitional housing is terminated and the housing is made available to another recipient. North County Solutions for Change in Vista, which seeks to equip families with the skills necessary to end their homelessness, is an example of transitional housing. Conversely, supportive housing provides a permanent living situation. The California Health and Safety Code define supportive housing as housing with no limit on length of stay. Furthermore, the definition notes supportive housing “…is linked to onsite or offsite services that assist the resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.” Like transitional housing, supportive housing can also occur as group quarters or as single or multi-family dwellings. Also, supportive housing is intended to serve a “target population,” which includes persons with disabilities and persons or families who are homeless. An example of supportive housing is the Alpha Project’s “Hotel Metro,” a 193-unit complex of single-room-occupancy units for low- income men and women in Downtown San Diego. According to the organization’s website, resident services include guaranteed access to medical care, on-site counseling and food bank, transportation assistance, and clothing and hygiene supplies, among others. The proposed amendment would revise the Zoning Ordinance to define and permit or conditionally permit transitional and supportive housing in residential and in commercial zones that permit residential uses (These zones are C-1, C-2 and C-L, which allow residences in a mixed use format above ground-floor commercial uses.). Transitional and supportive housing of six or fewer persons would be considered a residential use, would be permitted in all residential zones and the three commercial zones, and would be subject to the same standards as any other residential use. If such housing included more than six persons such as in a group living quarters (e.g., a residence occupied by more than six people typically unrelated and not in a typical household-type living arrangement), it would be conditionally permitted. Transitional and supportive housing share similarities with residential care facilities. Residential care facilities are state licensed family or group homes for people needing 24-hour non-medical care. Presently, the Zoning Ordinance identifies residential care facilities serving six or fewer persons as permitted uses in nearly every residential zone. When such facilities serve more than six people, they require a conditional use permit and are allowed only in the R-3, R-P and RD-M ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 6 zones. Transitional and supportive housing that also serve more than six persons are also proposed to be conditionally permitted only in these zones. As the present Zoning Ordinance definition and standards for residential care facilities were adopted in 1976, staff has analyzed and revised them as part of its work on transitional and supportive housing. The proposed definition is consistent with the state definition for residential care facilities. Minor updating of standards applicable to residential care facilities of more than six persons is also proposed. The updating provides clarity by indicating provisions may apply regarding hours of operation, security, loading, noise, loitering and location and screening of parking and service areas. None of the proposed changes would expand the number of zones where residential care facilities are now conditionally permitted. Since transitional and supportive housing and residential care facilities in a group quarters format are similar, the revisions to residential care facility standards would apply also to transitional and supportive housing. Likewise, parking requirements also would be the same. Finally, some zones (e.g., RMHP) do not expressly list residential care facilities serving six or fewer persons as a permitted use. There is no reason these zones should not as such facilities are considered residential uses. The proposed amendment corrects this deficiency. D. Alternative Housing (Managed Living Units) Managed living units are small (150 to 350 square feet), individual dwelling units with limited features. They are developed in a multiple-family dwelling format as part of a managed living unit project. Managed living units are rentals intended for occupancy by 1 or 2 persons only and for tenancies of one month or longer. At a minimum, individual units have partial kitchens and private toilets. Units may share common showers or bathtubs. They are intentionally limited in size and features and required to be conveniently near to transit and commercial services. These standards enable managed living units to serve as a viable affordable housing option for lower income persons and help the City meet Housing Element and state law objectives to provide a variety of housing types for all income levels. Managed Living Units are considered dwelling units and therefore subject to Growth Management requirements. They are also subject to the minimum and maximum densities and all other applicable limitations established by the Village Master Plan and Design Manual. Managed living units are like single room occupancy units (SROs), a term commonly used in other cities. Examples of SRO projects near downtown San Diego may be found at the website, www.affordablehousingsd.com. Managed living units are presently permitted as a “provisional use” in certain land use districts of the Village. A provisional use is similar to a conditional use and is subject to special considerations, findings, and conditions. While identifying it as provisional use, the Village Master Plan and Design Manual contains no standards for managed living units; instead, it defers to the Carlsbad Municipal Code for requirements. During preparation of the Village Master Plan and Design Manual in the 1990s, the city anticipated allowing managed living unit projects in other parts of Carlsbad as well. However, because of the urban nature of the Village, its proximity to transit and services and allowance for higher densities, staff is proposing managed ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 7 living unit projects be allowed only in the Village. All land use districts (4-8) in which managed living units are now provisionally permitted are east of the railroad tracks and permit or provisionally permit a mix of residential, commercial, office, and light industrial uses. Standards for managed living units are drafted to comply with applicable codes (such as California Building Code requirements for minimum floor areas), to provide laundry facilities, common areas, and other conveniences for residents, and to recognize the urban nature of the Village. This latter recognition is accomplished through increased bicycle parking requirements and opportunities for reduced vehicle parking, which potentially could be achieved, for example, based on an applicant’s successful demonstration of increased transit ridership by project residents. Proposed standards also include findings. The findings require managed living unit projects to be consistent with Village Master Plan and Design Manual goals and objectives and within convenient walking distance of services and transit. A decision-maker must also find that projects would be unlikely to negatively impact their surroundings; in this regard, standards require preparation of a management plan to ensure ongoing neighborhood compatibility. Finally, an additional finding states, “To the extent feasible, the project helps the City meet Housing Element and state law objectives to provide a variety of housing for persons of all income levels, with an emphasis on housing for lower income individuals.” This finding emphasizes the importance in providing affordable housing and helping the city meet its Regional Housing Needs Assessment (RHNA), which is a forecast of needed housing to accommodate growth across all income levels. Application of inclusionary requirements is the city’s primary method to provide housing affordable to lower income households. However, because managed living units are rental units, they are subject to inclusionary housing requirements in limited circumstances only. For rental projects, inclusionary requirements apply only (1) if a developer receives direct financial assistance, offsets, or any incentive (e.g., modification of development standards) of the type specified in density bonus law pursuant to Zoning Ordinance Chapter 21.86 and (2) the developer agrees by contract to limit rents for below market-rate rental units. Additionally, a developer may voluntarily agree to provide inclusionary rental units. Considering the limitations on applying inclusionary requirements to rental projects, this additional finding emphasizes the importance of planning and designing managed living unit projects with affordability in mind. IV. ANALYSIS A. General Plan The General Plan contains a framework of land use and housing goals, objectives, policies and programs. Provided below is a summary of how the proposed amendments comply with the relevant parts of this policy framework. See Table A below. ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 8 TABLE A – SUMMARY OF PROPOSED AMENDMENTS ELEMENT STANDARD PROJECT COMPLY? Land Use “To permit agricultural land uses throughout the city” (Land Use Element Agriculture Objective B.1). The amendment to the Zoning Ordinance will permit, by right or conditionally, farmworker housing where agricultural uses are also permitted by right or conditionally. Yes Land Use “To develop measures to ensure the compatibility of agricultural production and adjacent land uses” (Land Use Element Agriculture Objective B.3). The amendment to the Zoning Ordinance will establish standards to ensure that the development of farmworker housing complexes does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the City of Carlsbad. Yes Housing Amend the Zoning Ordinance to comply with Health and Safety Code Section 17021.6, permitting by right farmworker housing of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single- family or household on properties where agricultural uses are permitted…” (Housing Element Program 3.13 Objective). The amendment to the Zoning Ordinance will be in compliance with state law to permit, by right or conditionally, farmworker housing where agricultural uses are also permitted by right or conditionally. Yes Land Use “To provide for the social and economic needs of the community in conjunction with permitted land uses” (Land Use Element Overall Land Use Pattern Objective B.3). Proposed amendments provide housing for the homeless, housing for farmworkers, housing to transition and support people into permanent, supportive, and independent living situations, and a potential viable housing alternative (managed living units) for lower income persons. Yes ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 9 TABLE A – SUMMARY OF PROPOSED AMENDMENTS CONTINUED ELEMENT STANDARD PROJECT COMPLY? Housing “Amend the Zoning Ordinance to permit emergency shelters by right in the Planned Industrial (P-M) and Industrial (M) zones…” (Housing Element Program 3.14 Objective). The Amendment to the Zoning Ordinance will permit, by right and conditionally, emergency shelters in the M and P-M zones. Yes Land Use “A City which provides for a variety of housing types and density ranges to meet the diverse economic and social requirements of residents…” (Land Use Element Residential – Goal A.1). Proposed amendments provide housing for the homeless; housing for farmworkers; housing to transition and support people into permanent, supportive, and independent living situations; and a potential viable housing alternative (managed living units) for lower income persons. Transitional and supportive housing and farmworker housing can take the form of a variety of housing types, including single- family and multi-family units and group quarters. Yes ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 10 TABLE A – SUMMARY OF PROPOSED AMENDMENTS CONTINUED ELEMENT STANDARD PROJECT COMPLY? Housing “Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households” (Housing Element Goal 3). Transitional and supportive housing would be permitted or conditionally allowed in all residential zones; farmworker housing would be permitted or conditionally permitted in residential and non-residential zones that permit or conditionally permit agricultural uses. Emergency shelters would be appropriately allowed either by right or conditionally in industrial zones that are close to jobs, transit, and transportation corridors. Managed living units would be provisionally permitted in the Village area, close to neighborhood services and transit uses and in an urban, walkable area conducive to higher densities. Further, because managed living units are a potentially viable housing choice for lower income persons, they may help the city meet its share of future growth as established through the Regional Housing Needs Assessment (RHNA). Overall, the amendments assist the city in meeting state objectives to provide a variety of housing for persons of all income levels, with an emphasis on housing for lower income individuals. Yes Housing “The City will amend the Zoning Ordinance to address transitional and supportive housing” (Housing Element Program 3.15). The proposed amendment would revise the Zoning Ordinance to define and permit or conditionally permit transitional and supportive housing in residential and in commercial zones that permit residential uses. Yes ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 11 TABLE A – SUMMARY OF PROPOSED AMENDMENTS CONTINUED ELEMENT STANDARD PROJECT COMPLY? Housing “…to conditionally permit and establish standards for managed living units in certain land use districts of the Village ...” (Housing Element Program 3.17). Managed living units are presently permitted as a “provisional use” in certain land use districts of the Village. A provisional use is similar to a conditional use and is subject to special considerations, findings, and conditions. The amendment to the Village Master Plan and Design Manual will establish standards to ensure, among other things, that the development of managed living units comply with applicable codes (such as the California Building Code), provide laundry facilities, common areas, and other conveniences for residents, and maintain compatibility with other Village uses. Land Use Encourage a variety of complimentary uses, including residences, to enhance the Village as a place to live (General Plan Land Use Element Village goals). Proposed managed living unit project standards require the preparation of a management plan to ensure ongoing compatibility of the managed living units with their surroundings. Managed living units will also be required to be conveniently located near transit and commercial services to reduce the need for the automobile and encourage more walking in the Village and public transportation use. Managed living units represent an alternative housing option in the Village. Yes B. Local Coastal Program Amendment The policies of the Local Coastal Program emphasize topics such as preservation of agricultural lands and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed amendments to the Zoning Ordinance and Village Master Plan and Design Manual (which serves to implement the Local Coastal Program in the Village area) would be consistent with the policies of the Local Coastal Program, including the public access and recreation policies of Chapter 3 of the Coastal Act. The amendments only propose land use standards (no ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 12 development), and do not change or conflict with Coastal Act requirements to protect water- oriented recreation or public views, maintain public access, and maintain biological resources. Furthermore, the amendments will not conflict with any coastal zone regulations, land use designations or policies with which development must comply. The proposed amendments do not exempt development from a Coastal Development Permit that is not otherwise exempt. A Coastal Development Permit will still be required for applicable development and discretionary review would ensure that the proposed development is consistent with the policies of the Local Coastal Program. By processing these Local Coastal Program Amendments, consistency between the city’s Zoning Ordinance and Local Coastal Program and between the Village Master Plan and Design Manual and Local Coastal Program, would be maintained. Given the above, the addition of the procedures and development regulations governing housing for the homeless; housing for farmworkers; transitional and supportive housing; and managed living units are consistent with the Local Coastal Program. C. Airport Land Use Compatibility Plan Transitional and supportive housing, emergency shelters and farmworker housing would be permitted or conditionally permitted in areas near McClellan-Palomar Airport. Accordingly, a compatibility analysis of these proposed uses with the airport’s Land Use Compatibility Plan (ALUCP) is required. For example, where a use may be permitted by city zoning, it could be precluded by the ALUCP because of airport safety and noise considerations. Therefore, this analysis is necessary in part to ensure there are adequate sites available for these uses that are not incompatible with airport safety and noise restrictions. Managed living units are not included in this analysis since they would be located within the Village area only and thus outside the safety zones, noise contours and influence area of the airport. Transitional and supportive housing would be permitted in the city’s residential zones. In relation to the airport, these zones are mostly developed and are compatible with airport safety zones. Most residential areas of the city are also outside (below) the 60 dB exterior airport noise contour and therefore not subject to the noise provisions of the ALUCP. Limited exceptions occur in existing developments west of the airport and south of Palomar Airport Road. Here, exterior noise generated by airplanes must be attenuated to an acceptable indoor noise level; this can be accomplished typically through standard construction methods. Emergency shelters, proposed as permitted or conditionally permitted uses in the P-M and M zones, represent compatible uses in Safety Zone 6 and conditionally compatible uses in Safety Zones 2-5. According to the ALUCP, Safety Zone 6 is larger than and encompasses all other safety zones; relative to those other zones, risks in Zone 6 are much lower, but are still greater than in locations more distant from the airport. Most P-M and M-zoned properties are within or outside Safety Zone 6. As an example, La Posada de Guadalupe, a private, 50 bed homeless shelter/farmworker housing facility recently approved by the city for expansion to 120 beds, is located in the M Zone and Safety Zone 6. ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 13 Similarly, locating an emergency shelter would not be constrained by airport noise as the majority of P-M and M zoned properties are outside the 60 dB exterior noise contour. Farmworker housing can also be found consistent with ALUCP, although the analysis to make this determination is more involved. Farmworker housing can be proposed in different forms (e.g., individual units, group quarters, non-conventional structures) and in residential and non- residential zones. A proposed farmworker housing complex (large or small) in a group quarters format would be similar to an emergency shelter and compatible in Safety Zone 6. Alternatively, a farmworker housing complex consisting of conventional attached or detached units or structures (as opposed to a group quarters format) likely would be considered a residential use from an ALUCP standpoint. Thus, it would be subject to the noise and safety compatibility criteria for residential uses. Depending on density and location in relation to safety zones, a complex of conventional units or structures would be compatible, conditional, or incompatible with the ALUCP. Regardless of density, residential uses are compatible in Safety Zone 6, which encompasses the majority of properties within McClellan-Palomar’s influence area. Finally, a proposed farmworker housing complex consisting of non-conventional structures (e.g., tents and RVs) would be permitted in Safety Zone 6 and conditionally compatible in Safety Zones 3 and 4. However, non-building and outdoor uses would likely be prohibited in certain areas due their inability to attenuate noise. Most properties on which farmworker housing complexes with non-conventional structures could locate near the airport, conversely, are within Safety Zone 6 and outside such restrictive airport noise contours. D. Growth Management The Growth Management Program, in accordance with Proposition E, establishes dwelling unit caps for each quadrant in the city. The city regularly tracks residential development to ensure these caps are not exceeded. The Zoning Ordinance defines “dwelling unit” as “one or more rooms in a dwelling or apartment house and designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.” The Zoning Ordinance defines “family” as, in part, “one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit...” Emergency shelters would not be considered dwelling units as they are not designed for occupancy by one family. This exclusion would also apply to farmworker housing complexes and transitional and supportive housing proposed in a group quarters format. Therefore, if these housing types were proposed, they would not be subject to the quadrant dwelling unit caps. Managed living units and transitional and supportive housing serving no more than six persons would be considered dwelling units. Similarly, units in a farmworker housing complex designed for occupancy by an individual or family also could be considered dwelling units if they had kitchens; these housing types would be subject to the quadrant dwelling unit caps. ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) – HOUSING ELEMENT PROGRAM IMPLEMENTATION July 3, 2012 PAGE 14 All housing types, whether or not dwelling unit limitations apply, would need to comply with all other Growth Management standards, such as those requiring adequate sewer and water facilities. V. ENVIRONMENTAL REVIEW The proposed project falls within the scope of a previously approved Mitigated Negative Declaration (MND) reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the amendments that were not previously examined and evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 comprehensively evaluated the potential environmental effects of future housing facilitated by implementation of Housing Element programs, including development of housing (including farmworker housing) and emergency shelters. The proposed amendments are consistent with and would have no effects beyond those analyzed in the MND. This project is within the scope of the MND for GPA 03-02 and no further CEQA compliance is required. The MND for GPA 03-02 is available at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6892 (ZCA 09-04 – Farmworker Housing) 2. Planning Commission Resolution No. 6893 (LCPA 09-03 – Farmworker Housing) 3. Planning Commission Resolution No. 6894 (ZCA 09-05 – Emergency Shelter) 4. Planning Commission Resolution No. 6895 (LCPA 09-04 – Emergency Shelter) 5. Planning Commission Resolution No. 6896 (ZCA 11-07 – Transitional & Supportive Housing) 6. Planning Commission Resolution No. 6897 (LCPA 11-08 – Transitional & Supportive Housing) 7. Planning Commission Resolution No. 6898 (LCPA 95-10(B) – Managed Living Units) 8. Strikeout/underline version of proposed Zoning Ordinance changes for Farm Labor Housing (ZCA 09-04/LCPA 09-03 – Farmworker Housing) 9. Strikeout/underline version of proposed Zoning Ordinance changes for Housing for the Homeless (ZCA 09-05/LCPA 09-04 – Emergency Shelter) 10. Strikeout/underline version of proposed Zoning Ordinance changes for Transitional and Supportive Housing (ZCA 11-07/LCPA 11-08 – Transitional & Supportive Housing) ATTACHMENT 8 1 ZCA 09-04/LCPA 09-03 FARMWORKER HOUSING STRIKE-OUT/UNDERLINE p The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the addition of references to 21.04.023, 21.04.148.1, 21.04.148.2, 21.04.148.3 and 21.04.148.4, as follows: 21.04.023 Agriculture. 21.04.148.1 Farmworker. 21.04.148.3 Farmworker housing complex, large. 21.04.148.4 Farmworker housing complex, small. Section 21.04.023 (Definitions, “Agriculture”) is proposed to be amended as follows: 21.04.023 Agriculture. “Agriculture” means farming in all its branches, including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. 21.04.148.1 Farmworker. “Farmworker” means any individual engaged in agriculture (as defined in Section 21.04.023). AMENDMENTS TO CHAPTER 21.04 List of Sections in Chapter 21.04 21.04.023 21.04.148.1 ATTACHMENT 8 2 21.04.148.3 Farmworker housing complex, large. “Farmworker housing complex, large” includes conventional and non-conventional structures, housing more than 36 farmworkers or more than 12 units/spaces, such as: group living quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home, manufactured home, recreational vehicle, or travel trailer; or other housing accommodations, and which is occupied by farmworkers or farmworkers and their households, and may be for temporary, seasonal, or permanent residence. 21.04.148.4 Farmworker housing complex, small. “Farmworker housing complex, small” includes conventional and non-conventional structures, housing up to 36 farmworkers or 12 units/spaces, such as: group living quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home, manufactured home, recreational vehicle, or travel trailer; or other housing accommodations, and which is occupied by farmworkers or farmworkers and their households, and may be for temporary, seasonal, or permanent residence. Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use and renumbering of the following footnotes: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. (See note 6 below) "CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below) 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Accessory uses and structures (see note 54) X 21.04.148.3 21.07.020 AMENDMENTS TO CHAPTER 21.07 21.04.148.4 ATTACHMENT 8 3 Airports 3 Animals and poultry — small (less than 25) (see note 21) X Animals and poultry — small (more than 25) (see note 21) 1 Apiary/bee keeping (subject to Section 21.42.140(B)(5)) 1 Aquaculture (defined: Section 21.04.036) 2 Aviary 1 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) 2 Campsites (overnight) (subject to Section 21.42.140(B)(40)) 2 Cattle, sheep, goats and swine production (see note 32) X Cemeteries 3 Churches, synagogues, temples, convents, monasteries, and other places of worship 2 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Crop production X Drive-thru facilities (not restaurants) 2 Dwelling, single-family (farm house) X Fairgrounds 3 Family day care home (large) (defined: Section 21.04.147) (subject to Chapter 21.83) X Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Floriculture X Golf courses 2 Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Greenhouses (2,000 square feet maximum) X ATTACHMENT 8 4 Guest house X Hay and feed stores 1 Horses, private use X Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) 2 Mobile home (see note 65) X Nursery crop production X Other uses or enterprises similar to the above customarily carried on in the field of agriculture X Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1 Plant nurseries and nursery supplies 1 Processing plant (for crops) (subject to Section 21.04.140(B)(115)) 1 Produce/flower stand for display and sale of products produced on the same premises (see note 43) X Public/quasi-public buildings and facilities and accessory utility buildings/facilities (defined: Section 21.04.297) 2 Radio/television/microwave/broadcast station/tower 2 Recreation facilities 2 Satellite television antennae (subject to Section 21.53.130, et seq.) X Signs (subject to Chapter 21.41) (defined: Section 21.04.305) X Stables/riding academies (defined: Sections 21.04.310 and 21.04.315) 2 Stadiums 3 Tree farms X Truck farms X Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1 Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) 2 ATTACHMENT 8 5 Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) (see also note 1) 3 Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted uses) is proposed to be amended by the deletion of the following footnote and renumbering of the remaining footnotes: Notes: 1. Farm worker housing: Provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line. 2.1. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within fifty seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 3.2. Cattle, small animalssheep, goats and swine production, etc.: Provided that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area. Said animals shall not be located within fifty seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 4.3. Produce/flower stands: Provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway. 5.4. Accessory uses/structures: Include but are not limited to: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses. 6.5. Mobile home: Certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code. Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) 1 / 2 Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21.04.400) 2 21.07.020 21.07.020 ATTACHMENT 8 6 Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Table A of Section 21.09.020 (R-E Rural Agricultural Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Table A of Section 21.09.020 (R-E Rural Agricultural Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 The list of sections in Chapter 21.10 (R-1 One-Family Residential Zone) is proposed to be amended to add the following reference to Section 21.10.125: 21.10.010 - Intent and purpose. 21.10.020 - Permitted uses. 21.08.020 21.09.020 21.09.020 21.10 AMENDMENTS TO CHAPTER 21.08 AMENDMENTS TO CHAPTER 21.09 AMENDMENTS TO CHAPTER 21.10 ATTACHMENT 8 7 21.10.030 - Second dwelling units. 21.10.040 - Home occupations. 21.10.050 - Building height. 21.10.060 - Front yard. 21.10.070 - Side yards. 21.10.080 - Placement of buildings. 21.10.090 - Minimum lot area. 21.10.100 - Lot width. 21.10.110 - Lot coverage. 21.10.120 - Development standards. 21.10.125 – Farmworker housing complex standards. 21.10.130 – Severability. Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X That the footnote of Table A of Section 21.39.020 (R-1 One-Family Residential Zone, Permitted uses) is proposed to be amended as follows: Notes: 1. On each lot or combination of adjacent lots under one ownership, there may be kept one horse for each ten thousand square feet in the lot or lots; provided, however, that any such horse may be kept only if it is fenced and stabled so that at no time it is able to graze, stray or roam closer than fifty seventy-five feet to any building used for human habitation, other than buildings on the lot or lots, and as to those buildings, no closer than forty fifty feet. 2. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. 3. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code. 4. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. Section 21.10.125 (R-1 One-Family Residential Zone, Farmworker Dwelling Unit and Farmworker Housing Complex Standards) is proposed to be added to read as follows: 21.10.020 21.10.125 21.10.020 ATTACHMENT 8 8 21.10.125 – Farmworker housing complex standards. A. Purpose. 1. The purpose of this section is to establish standards to ensure that the development of farmworker housing complexes does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the City of Carlsbad. 2. The Employee Housing Act allows for flexibility in housing types for farmworker housing, including conventional and non-conventional structures, such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle and travel trailers. The laws and regulations governing these structures depends on the housing type; however, all employee housing must comply with: the Employee Housing Act (Health and Safety Code Section 17000); the Employee Housing Regulations (Title 25 – Housing and Community Development), which outline specific requirements for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and heating; and the provisions of this section. B. The provisions of this section shall apply to: 1) single-family zones E-A, R-A, R-E, R-T, R-W, RD-M, L-C and R-1, areas designated by a master plan for single-family detached dwellings in P-C zones where agricultural uses are allowed; 2) lots within multifamily zones R-2, R-3, R-P and RMHP; 3) commercial, office and industrial zones C-1, O, C-2, C-T, C-M, C-L, M, P-M and P-U; and 4) open space zones O-S and CR-A/OS, which are developed with a farmworker dwelling unit or farmworker housing complex. C. The property owner shall obtain all permits and/or approvals from the City of Carlsbad, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. A farmworker dwelling unit or farmworker housing complex may require a building permit, and if located in the coastal zone, may also require a coastal development permit issued according to the provisions of Section 21.201 of this title. D. A farmworker housing complex shall meet the setback, lot coverage, height, and other development standards applicable to the zone in which it is located. Additionally, a farmworker dwelling unit or farmworker housing complex shall be located not less than 75 feet from barns, pens, or other structures that house livestock or poultry, pursuant to Title 25 of the California Code of Regulations, and not less than 50 feet from any other agricultural and non-agricultural use. E. All permanent farmworker housing shall provide landscaping around the entire perimeter of the housing to shield the housing from adjacent structures. F. Parking shall be as required by Chapter 21.44. G. Farmworker housing complexes shall comply, as applicable, with the following: 1) Employee Housing Act (California Health and Safety Code Sections 17000 – 17062); 2) Mobilehome Parks Act (California Health and Safety Code Sections 18200 – 18700); and Special Occupancy Parks Act (California Health and Safety Code Sections 18860 – 18874). H. Within 30 days after approval from the City of Carlsbad for farmworker housing, the applicant shall record in the office of the County Registrar-Recorder/County Clerk a ATTACHMENT 8 9 covenant running with the land for the benefit of the City of Carlsbad, declaring that the farmworker housing will continuously be maintained as such in accordance with Chapter 21 of the Carlsbad Municipal Code and also that: 1. The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permit(s) from State Department of Housing and Community Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated thereunder; 2. The improvements required by the City of Carlsbad related to the farmworker housing shall be constructed and/or installed, and continuously maintained by the applicant; 3. The applicant will submit the annual verification form to the City Planner as required by Section 22.10.125(I); and 4. Any violation of the covenant and agreement required by this section shall be subject to the enforcement procedures of Title 1 of the Carlsbad Municipal Code. I. The property owner shall, if applicable: 1) complete and submit to the City Planner a verification form no later than 30 days after receiving a permit to operate from HCD; 2) a verification form shall be submitted to the City Planner annually to ensure compliance with Title 21 of the Carlsbad Municipal Code; and 3) the verification form shall include: information regarding the agricultural use, housing type, number of dwelling units or beds, number of occupants, occupants’ employment information, and proof that a permit to operate from HCD has been obtained and maintained. J. Farmworker housing complex shall be removed from the property within 90 days of termination of the property’s use from agricultural production. Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X AMENDMENTS TO CHAPTER 21.12 21.12.020 21.16.020 AMENDMENTS TO CHAPTER 21.16 ATTACHMENT 8 10 Table A of Section 21.16.020 (R-3 Multi-Family Residential Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table B of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X AMENDMENTS TO CHAPTER 21.18 21.18.020 21.18.020 21.18.020 21.18.020 ATTACHMENT 8 11 Table A of Section 21.20.020 (R-T Residential Tourist Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.24.020 (RD-M Residential Density-Multiple Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 AMENDMENTS TO CHAPTER 21.20 21.20.020 AMENDMENTS TO CHAPTER 21.22 21.22.020 21.24.020 AMENDMENTS TO CHAPTER 24.22 AMENDMENTS TO CHAPTER 21.25 21.25.020 ATTACHMENT 8 12 Table A of Section 21.25.020 (C-F Community Facilities Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.26.020 (C-1 Neighborhood Commercial Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following uses: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.26.020 (C-1 Neighborhood Commercial Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.27.020 (O Office Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.27.020 (O Office Zone, Permitted uses) is proposed to be amended by the deletion of the following use: AMENDMENTS TO CHAPTER 21.26 AMENDMENTS TO CHAPTER 21.27 21.26.020 21.26.020 21.27.020 21.27.020 ATTACHMENT 8 13 Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.28.020 (C-2 General Commercial Zone, Permitted uses) is amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.28.020 (C-2 General Commercial Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.29.020 (C-T Commercial Tourist Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.29.020 (C-T Commercial Tourist Zone, Permitted uses) is proposed to be amended by the deletion of the following use: AMENDMENTS TO CHAPTER 21.28 21.28.020 21.28.020 AMENDMENTS TO CHAPTER 21.29 21.29.020 21.29.020 ATTACHMENT 8 14 Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.30.020 (C-M Heavy Commercial – Limited Industrial Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) x Table A of Section 21.30.020 (C-M Heavy Commercial – Limited Industrial Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.31.020 (C-L Local Shopping Center Zone, Permitted Uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.31.020 (C-L Local Shopping Center Zone, Permitted Uses) is proposed to be amended by the deletion of the following use: AMENDMENTS TO CHAPTER 21.30 AMENDMENTS TO CHAPTER 21.31 21.30.020 21.30.020 21.31.020 21.31.020 ATTACHMENT 8 15 Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.32.020 (M Industrial Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following uses: Uses P CUP Acc Farmworker housing complex, large (subject to Section 21.10.125) (defined: Section 21.04.148.3) 3 Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) x Table A of Section 21.32.020 (M Industrial Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.33.020 (O-S Open Space Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) x Table A of Section 21.33.020 (O-S Open Space Zone, Permitted uses) is proposed to be amended by the deletion of the following use: AMENDMENTS TO CHAPTER 21.32 AMENDMENTS TO CHAPTER 21.33 21.32.020 21.32.020 21.33.020 21.33.020 ATTACHMENT 8 16 Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted uses) is proposed to be amended by the deletion of the following use: Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.36.020 (P-U Public Utility Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Table A of Section 21.36.020 (P-U Public Utility Zone, Permitted uses) is proposed to be amended by the deletion of the following use: AMENDMENTS TO CHAPTER 21.34 AMENDMENTS TO CHAPTER 21.36 DE 21.34.020 21.34.020 21.36.020 21.36.020 ATTACHMENT 8 17 Uses P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Table A of Section 21.37.020 (RMHP Residential Mobile Home Park Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 Table A of Section 21.39.020 (L-C Limited Control Zone, Permitted uses) is proposed to be amended to add in alphabetical order the following use and renumbering of the following footnotes: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process. 2 = Planning commission hearing process. 3 = City council hearing process. "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Animals and poultry — small (less than 25) (see note 21) x Cattle, sheep, goats, and swine production (see note 32) x Crop production x Family day care home (large and small) (subject to Chapter 21.83 of this title) x Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section x AMENDMENTS TO CHAPTER 21.37 AMENDMENTS TO CHAPTER 21.39 21.37.020 21.39.020 ATTACHMENT 8 18 Table A of Section 21.39.020 (L-C Limited Control Zone, Permitted Uses) is proposed to be amended by the deletion and amendments of the following footnotes and renumbering of the remaining footnotes: Notes: 1. Farm worker housing: Provided the number of units shall not exceed two per gross acre of land area and no such housing is located closer than fifty feet from any lot line. 21. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be kept within fifty seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 32. Cattle, small animalssheep, goats and swine production etc.: Provided that the number of any one or combination of said animals shall not exceed one animal per half acres of lot area. Said animals shall not be located within fifty seventy-five feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 43. Produce stands: Provided that the floor area shall not exceed two hundred square feet and is located not nearer than twenty feet to any street or highway. 54. Accessory uses/structures: Include but are not limited to: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses. 65. Mobile home: Certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety Code. 21.04.148.4) Floriculture x Greenhouses, less than 2,000 square feet x Horses, private use x Nursery crop production x Other uses or enterprises similar to the above customarily carried on in the field of agriculture x Produce stand for display and sale of products produced on the same premises (see note 43) x Tree farms x Truck farms x 21.39.020 ATTACHMENT 8 19 That Section 21.42.140 (Minor Conditional Use Permits and Conditional Use Permits, Development standards and special regulations) is proposed to be amended by the deletion of the following use: 2. Agricultural farm worker housing (temporary): a. A CUP is required unless exempted by Government Code Section 65589.4. Table A in Section 21.44.020 (Number of off-street parking spaces required) is amended by the addition of the following residential uses to be added at the end of Table A’s list of “Residential Uses”: Table A Number of Off-Street Parking Spaces Required Use Number Of Off-Street Parking Spaces Residential Uses Farmworker housing complex, large The number of required parking spaces shall be determined by the city planner and shall be based on the operating characteristics of a specific proposal, including, but not limited to, number of: 1) employees, 2) beds and 3) service deliveries. Farmworker housing complex, small One parking space for every four beds plus one space for an on-site manager. Table A of Section 21.209.040 (CR-A/OS Cannon Road Agricultural/Open Space Zone, Permitted primary and secondary uses) is proposed to be amended to add in alphabetical order the following Primary agricultural use and renumbering of the following footnote: AMENDMENTS TO CHAPTER 21.209 DE 21.209.040 AMENDMENTS TO CHAPTER 21.44 21.44.020 AMENDMENTS TO CHAPTER 21.42 21.42.140 ATTACHMENT 8 20 Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements of the municipal code: “P” indicates that the use is permitted. “CUP” indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning Commission process Agricultural Uses Primary Agricultural Uses P CUP Agricultural crop production (wholesale) (including floriculture and horticulture, and structures necessary for production, maintenance, harvesting, storage and distribution functions associated with directly supporting the on-site primary agricultural crop production use) X Agricultural-related educational, research and development facilities 1 Community farming (example: individual citizens or community groups growing agricultural crops) X Farmworker, housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) X Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto X Farmers market (sale of primarily agricultural products) 1 Floral trade center (wholesale or retail) 2 Greenhouses X Plant nurseries and supplies (retail) 1 Tree and seed growing farms X Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission X Vineyards and wineries X Secondary Agricultural Uses P CUP Agricultural distribution facilities 2 Other accessory or related uses that promote the continuation of a primary permitted agricultural use, as determined by the City Planner 1 Public/private events and activities (permanent or temporary) related to promoting a primary permitted agricultural use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 1 below) X Retail sales of agricultural crops and related products limited to a cumulative area of 1,000 square feet or less (examples: on- premise sale of crops to the public, produce store, “you pick” operations, sale of products made from crops) X Retail sales of agricultural crops and related products with a cumulative 1 ATTACHMENT 8 21 area of more than 1,000 square feet (examples: on-premise sale of crops to the public, produce store, “you pick” operations, sale of products made from crops) Open Space Uses Primary Open Space Uses P CUP Amphitheater 2 Aquarium 1 Art gallery 1 Civic and public gathering spaces (examples: art display, gazebos, public plazas, sitting areas, water features, wedding areas) X Community learning center (excluding “educational institution or school” as defined in Section 21.04.140) 1 Community meeting center (excluding a city hall or civic center) 1 Cultural center 1 Dog park 1 Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto X Gardens (public or private) (examples: botanical, rose, tea, and meditation gardens) 1 Habitat preserves and natural areas X Historic center 1 Museum 1 Parks (public or private) 1 Performing arts center 2 Picnic areas 1 Sports or recreation center (public or private) (indoor or outdoor) (examples: athletic courts and fields, boys and girls club, lawn bowling, swimming pools, tennis courts ) 2 Trails (examples: bicycle, exercise, equestrian, nature, pedestrian) X Utility buildings/facilities that are built, operated, or maintained by a public utility to the extent that they are regulated by the California Public Utilities Commission X Secondary Open Space Uses P CUP Food service, including restaurants and cafes, limited to a cumulative area of 500 square feet or less X Food service, including restaurants and cafes with a cumulative area of more than 500 square feet 1 Other accessory or related uses that promote the continuation of a primary permitted open space use 1 Public/private events and activities (permanent or temporary) related to promoting a primary permitted open X ATTACHMENT 8 22 space use (examples: demonstrations, seasonal sales/temporary sales, special events, tours) (see note 2 1 below) Retail sales of goods and products, related to a primary permitted open space use, limited to a cumulative area of 500 square feet or less X Retail sales of goods and products, related to a primary permitted open space use, with a cumulative area of more than 500 square feet 1 Table A of Section 21.209.040 (CR-A/OS Cannon Road Agricultural/Open Space Zone, Primary Agricultural uses) is proposed to be amended by the deletion of the following Primary Agricultural use: Uses P CUP Acc Agricultural farm worker housing (see note 1 below) X Table A of Section 21.209.040 (CR-A/OS Cannon Road Agricultural/Open Space Zone, Permitted primary and secondary uses) is proposed to be amended by the deletion of the following footnote and renumbering of the remaining footnote: Notes: 1. Agricultural farm worker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted in accordance with California Health and Safety Code Section 17021.6. 2. 1. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property and/or Temporary Sales Location permits as appropriate. 21.209.040 21.209.040 ATTACHMENT 9 1 ZCA 09-05/LCPA 09-04 EMERGENCY SHELTERS STRIKE-OUT/UNDERLINE List of Sections in Chapter 21.04 The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the addition of a reference to 21.04.140.5, as follows: 21.04.140.5 Emergency shelter. Section 21.04.140.5 (Definitions, “Emergency shelter”) is proposed to be amended as follows: 21.04.140.5 Emergency shelter. “Emergency shelter” means year-round housing with minimal supportive services for homeless persons or families with occupancy limited to six months or less by homeless persons. The list of sections in Chapter 21.32 of the Carlsbad Municipal Code is proposed to be amended to add the following reference to Section 21.32.070: Sections: 21.32.010 - Permitted uses. 21.32.020 - Front yard. 21.32.030 - Side yards. 21.32.040 - Placement of buildings. 21.32.050 - Building height. 21.32.060 - Employee eating areas. 21.32.070 - Emergency shelter standards. AMENDMENTS TO CHAPTER 21.04 List of Sections in Chapter 21.04 21.04.140.5 AMENDMENTS TO CHAPTER 21.32 List of Sections in Chapter 21.32 ATTACHMENT 9 2 Table A of Section 21.32.010 (M Industrial Zone, Permitted Uses) is proposed to be amended to add in alphabetical order the addition of the following uses: Use P CUP Acc Emergency Shelter, no more than 30 beds or persons (subject to Section 21.32.070) (defined Section 21.04.140.5) X Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070) (defined Section 21.04.140.5) 3 Section 21.32.070 (M Industrial Zone, Emergency Shelter Standards) is added as follows: 21.32.070 Emergency shelters A. The purpose of this section is to establish standards to ensure that the development of emergency shelters does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses and the character of the City of Carlsbad. B. No individual shall be denied emergency shelter because of an inability to pay; C. Emergency shelters shall be operated under the authority of a governing agency or private, non-profit organization that provides, or that contracts with recognized community organizations to provide, emergency shelters and which, when required by law, are properly registered and licensed. D. State laws and regulations: Emergency shelters shall comply with the latest California Health and Safety Codes. E. Emergency shelters shall comply with all property development standards of the zone in which they are located in addition to the following development standards. 1. Location. No emergency shelter shall be located: a. Immediately adjacent to any residentially zoned property; b. Within 300 feet of another emergency or similar shelter. 2. Maximum number of beds or persons. No more than 30 beds shall be provided and no more than 30 persons shall be served in any single emergency shelter, except as authorized by a Conditional Use Permit approved by the City Council pursuant to Chapter 21.42. 3. Parking. Parking shall be as required by Chapter 21.44. 4. Building and premises. Each emergency shelter shall include, at a minimum, the following: a. Adequate interior and exterior lighting; 21.32.010 21.32.070 ATTACHMENT 9 3 b. Adequate indoor client intake/waiting area if client intake is to occur on-site. If an exterior waiting area is also provided, it shall be enclosed or screened from public view and adequate to prevent queuing into the public right of way and required parking and access; c. Clean sanitary beds and sanitation facilities, including showers and toiletries; d. Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates both men and women in the same building. Reasonable accommodation shall be made to provide segregated sleeping, lavatory and bathing areas for families; e. Individual lockers to allow shelter clients to secure their private possessions while using the shelter. F. Management. At least one facility manager shall be on-site at all hours the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate. G. No person shall be allowed to camp on the premises or sleep on the premises outside of the shelter building. H. Emergency shelters may provide one or more of the following types of supportive facilities or services for the exclusive use or benefit of the shelter clients: 1. Central cooking and dining room(s); 2. Recreation areas, indoor and/or outdoors; 3. Laundry facilities for clients to wash their clothes; 4. Intake and administrative offices; 5. Counseling and other supportive services. Table A in Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) of the Carlsbad Municipal Code is amended to add in alphabetical order the following uses: Use P CUP Acc Emergency Shelter, no more than 30 beds or persons (subject to Section 21.32.070) (defined Section 21.04.140.5) X Emergency Shelter, more than 30 beds or persons (subject to Section 21.32.070) (defined Section 21.04.140.5) 3 Table A in Section 21.44.020 (Number of off-street parking spaces required) is amended by the addition of the following residential use to be added at the end of Table A’s list of “Residential Uses”: AMENDMENTS TO CHAPTER 21.44 AMENDMENTS TO CHAPTER 21.34 21.34.020 ATTACHMENT 9 4 Table A Number of Off-Street Parking Spaces Required Use Number Of Off-Street Parking Spaces Residential Use Emergency Shelters The number of required parking spaces shall be determined by the city planner and shall be based on the operating characteristics of a specific proposal, including, but not limited to, number of: 1) employees, 2) beds and 3) service deliveries. ATTACHMENT 10 1 ZCA 11-07/LCPA 11-08 TRANSITIONAL AND SUPPORTIVE HOUSING STRIKE-OUT/UNDERLINE AMENDMENTS TO CHAPTER 21.04 List of Sections in Chapter 21.04 The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the addition of references to sections 21.04.355.1 and 21.04.362 as follows: 21.04.355.1 Supportive housing 21.04.362 Transitional housing 21.04.300 Section 21.04.300 (Definitions, “Residential Care Facility”) is proposed to be amended as follows: 21.04.300 “Residential care facility” means a state authorized, certified or licensed family care home, foster home or group home serving mentally disordered or otherwise handicapped persons, or dependent and neglected children where care is provided on a twenty-four-hour-a-day basis.any family home, group care facility, or similar facility, licensed by the State of California, for twenty-four hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual as provided in Section 1502 of the California Health and Safety Code. 21.04.355.1 Section 21.04.355.1 (Definitions, “Supportive Housing”) is proposed to be added as follows: 21.04.355.1 "Supportive housing" means housing with no limit on length of stay that is occupied by the target population (as defined in state Health and Safety Code Section 50675.14 (b)(3) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. 21.04.362 Section 21.04.362 (Definitions, “Transitional Housing”) is proposed to be added as follows: 21.04.362 “Transitional housing” means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. ATTACHMENT 10 2 AMENDMENTS TO CHAPTER 21.08 21.08.020 Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.09 21.09.020 Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.10 21.10.020 Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.12 21.12.020 ATTACHMENT 10 3 Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.16 21.16.020 Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.355.1) 2 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.362) 2 AMENDMENTS TO CHAPTER 21.18 21.18.020 Table B of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) X Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.355.1) 2 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.362) 2 ATTACHMENT 10 4 AMENDMENTS TO CHAPTER 21.20 21.20.020 Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) X Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.22 21.22.020 Table A of Section 21.22.010 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.24 21.24.020 Table A of Section 21.24.010 (RD-M Residential Density-Multiple Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.355.1) 2 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving more than six persons) (subject to 21.42.140(B)(125)) (defined: Section 21.04.362) 2 ATTACHMENT 10 5 AMENDMENTS TO CHAPTER 21.26 21.26.015 Section 21.26.015 (Residential uses in the C-1 Zone) is proposed to be amended by adding subsection D as follows: D. Residential uses shall include residential care facilities, supportive housing, and transitional housing, each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.28 21.28.015 Section 21.28.015 (Residential uses in the C-2 Zone) is proposed to be amended by adding subsection D as follows: D. Residential uses shall include residential care facilities, supportive housing, and transitional housing, each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.31 21.31.065 Section 21.31.065 (Residential uses in the C-L Zone) is proposed to be amended by adding subsection D as follows: D. Residential uses shall include residential care facilities, supportive housing, and transitional housing, each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.37 21.37.020 Table A of Section 21.37.020 (RMHP Residential Mobile Home Park, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Residential care facilities (serving six or fewer persons) (defined: Section 21.04.300) X Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X ATTACHMENT 10 6 AMENDMENTS TO CHAPTER 21.42 21.42.140 Section 21.42.140 B. 125 is proposed to be amended as follows: 125. Residential Care Facilities, Supportive Housing, and Transitional Housing (all serving more than six persons): a. The facility shall meet all requirements for the approval of such use imposed by the city community development director and fire marshal as a group "D" occupancy, division 2. ab. The facilityFacilities shall comply with all the rules, regulations and standards required by the State Department of Social Services. b. Facilities shall meet current California Code of Regulations (Title 24) for occupancy, as defined. c. Facilities shall provide Ooff-street parking as required in Chapter 21.44 of this title shall be provided. d. The planning commission or the city council on appeal may modify any of the above standards, if it is found that such modifications will not be detrimental to the health and safety of the residents. Additional requirements and restrictions may be imposed as determined necessary by the decision-making authority to ensure facilities meet the findings stated in Section 21.42.030. These requirements and restrictions may include provisions regarding but not limited to the following items: 1. Hours of operation, such as for deliveries and other services 2. Noise 3. Lighting 4. Location and screening of parking, service, and other outdoor areas 5. Security 6. Loitering AMENDMENTS TO CHAPTER 21.44 21.24.020 Table A in Section 21.44.020 (Number of Off-street Parking Spaces Required) is proposed to be amended by adding the following uses to the end of the list of “Residential Uses” as follows: ATTACHMENT 10 7 USE NUMBER OF OFF-STREET PARKING SPACES Residential Uses Supportive Housing (serving more than six persons) 2 spaces, plus 1 space/three beds Transitional Housing (serving more than six persons) 2 spaces, plus 1 space/three beds The description “for other residential uses or care facilities (e.g., housing for senior citizens, hospitals, residential care facilities, etc.)” found in Table B of Section 21.44.020 (Parking Space and Areas) is proposed to be amended to read as follows: SUBJECT REQUIREMENT Location of required parking For other residential uses or care facilities (e.g., housing for senior citizens, hospitals, residential care facilities, etc. and, when serving more than six persons, residential care facilities, supportive housing, and transitional housing) Not more than 150 feet walking distance from the nearest point of the parking facility to the nearest point of the building that the parking facility is required to serve.