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HomeMy WebLinkAbout1993-01-20; Planning Commission; Resolution 3493_.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 3493 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.18 BY THE AMENDMENT OF SECTION 21.18.045, OF THE CARLSBAD MUNICIPAL CODE, TO CHANGE THE AGE REQUIREMENTS FOR SENIOR CITIZENS HOUSING. CASE NAME: CHANGE IN AGE REQUIREMENTS FOR CASE NO: ZCA 92-10 WHEREAS, the Planning Commission did on the 20th day of January, 1993 SENIOR CITIZEN HOUSING hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 92-10, according to Exhibit "Xt, dated January 20, 1993, attached hereto and made a part hereof, based on the following findings: Filldillm: 1. The Zone Code Amendment is consistent with the intent of the General Plan by maintaining legal provisions for Senior Citizen Housing and thereby providing a valuable social service to the elderly population of the City. 2. The Zone Code Amendment does not alter the intent of the RP Zone and is consistent with the RP Zone which allows senior citizen housing with a conditional use permit. .." I1 e 0 1 2 3 4 5 6 7 8 9 10 I1 .LA 12 13 14 3. The Zone Code Amendment will not caw any sipificant environmental impac and a Negative Declaration has been issued by the Planning Director on Decembc 17,1992, and recommended for approval by the Planning commission on Janw 6, 1993. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir Commission of the City of Carlsbad, California, held on the 20th day of January, 1993, E the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Schrm Welshons, Erwin & Hall. NOES: None. ABSENT: Commissioner Savary. ABSTAIN: None. n4 BAILEY NOBLE, Chairperson i CARLSBAD PLANNING COMMISSION 15 16 ATTEST: 17 II 1 18 19 2o I Planning Director 21 22 23 24 25 26 27 28 -2- 1 II e 0 1 2 3 4 5 6 7 EXHIBIT "X" I1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.18 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.18.045 TO CHANGE THE AGE REQUIREMENTS FOR SENIOR CITIZEN HOUSING. CASE NAME: CHANGE IN AGE REQUIREMENTS CASE NO: ZCA 92-10 FOR SENIOR CITIZEN HOUSING I1 The City Council of the City of Carlsbad, California 81( does ordain as follows: 9 11 SECTION 1: That Title 21, Chapter 21.18, Section 10 11 12 13 14 as defined in this section;lg. SECTION 2: That Title 21, Chapter 21.18, section 15 21.18.045 is amended to add subsection 21.18.045(h) to read as 21.18.045, subsection 21.18.045 (d) (1) of the Carlsbad Municipal Code is hereby amended to read as follows: "(1) The project must be 'housing for senior citizens' 16 follows: 17 18 19 20 21 22 23 24 25 26 27 28 "(h) As used in this section, "housing for senior citizens" means housing: (1) Provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; or (2) Intended for, and solely occupied by, persons 62 years of age or older; or (3) Intended and operated for occupancy by at least one person 55 years of age or older per unit if the following factors are shown: (A) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, it must be shown that such housing is necessary to provide important housing opportunities for older persons; and - (B)' That at least 80 percent of the units are occupied by or reserved for occupancy by at least one person 55 years of age or older per unit; and (C) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. II I1 -1- // 0 1 2 3 4 5 6 (D) Significant facilities and services specifically designed to meet the physical or social needs of older persons include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, and accessible physical environment, emergency and preventative health care programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them. The housing facility need not have all of these features to meet these requirements of this subsection.n 7 SECTION 3 : That Title 21, Chapter 21.18, section 8 21.18.045 is amended to add subsection 21.18.045(i) to read as g follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 federal I* (i) This section is intended to comply with state and laws prohibiting age discrimination in housing.*! ... 0.. ... ... ..* ... ... ... ... 0.. 0.. .*. ... ... ... - ... ... -2- /I e @ 11 1 11 EFFECTIVE DATE: This ordinance shall be effective // thirty days after its adoption, and the City Clerk shall certify 2 3~ 4 5 6 7 a 9 10 11 12 13 ' to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 1993, and thereafter. I PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 1993, by the following vote, to wit: AYES : NOES : ABSENT : 14 11 ABSTAIN: l5 16 APPROVED AS TO FORM AND LEGALITY 17 l8 City Attorney RONALD R. BALL 19 11 I 20 21 22 23 24 CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 25 26 27 28 .. @ -3-