HomeMy WebLinkAbout1994-02-16; Planning Commission; Resolution 35640 0
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PLANNING COMMISSION RESOLUTION NO. 3564
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
VAFUOUS CHAPTERS OF TITLE 21, OF THE CARLSBAD
MUNICIPAL CODE TO (1) AMEND THE CITY'S EXISTING
SENIOR CITIZEN HOUSING REGULATIONS TO CONFORM TO
THE PROVISIONS OF GOVERNMENT CODE SECTION 65915,
AND (2) ESTABLISH NEW DESIGN AND DEVELOPMENT
STANDARDS WHICH RESPOND TO SENIOR CITIZEN NEEDS.
CASE NAME: CITY OF CAEUSBAD
CASE NO: ZCA 93-05
WHEREAS, the Planning Commission did on the 16th day of February, 1994
10 hold a duly noticed public hearing as prescribed by law to consider said request; and
11 WHEREAS, at said public hearing, upon hearing and considering all testimonl
12 and arguments, if any, of all persons desiring to be heard, said Commission considered a1
I.3 // factors relating to the Zone Code Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior:
as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the CommissioI:
recommends APPROVAL of ZCA 93-05, according to Exhibit "X", datec
February 16, 1994, attached hereto and made a part hereof, based on thc
20 I1 ~ following findings:
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22 1. This Zone Code Amendment implements Housing Element Program 3.4.a
23 Accordingly, this zone code amendment is consistent with the City's General Plan
2. This Zone Code Amendment establishes new design and development standards 24
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26 65915 (State Density Bonus Law).
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which respond to Senior Citizen needs.
3. This Zone Code Amendment conforms to the provisions of Government Code Sectior
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4. This Zone Code Amendment conforms to the provisions of Chapter 21.85 of the
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5. his zone Code Amendment i~ coIlsisfenf with city council ~oli~y NO. 43. 2
Carlsbad Municipal Code (City of Carlsbad hclusionary ordinance).
3 // 6. This Zone Code Amendment is consistent with Housing Element Law.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannini
Commission of the City of Carlsbad, California, held on the 16th day of February, 1994,
by the following vote, to wit:
AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Noble
& Erwin.
NOES: Commissioner Hall.
ABSENT: Commissioner Welshons.
ABSTAIN: None.
I CARLSBAD PLANNING COMMISSION
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ATTEST:
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MICHAEL J. ~OLZ~ILLER
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Planning Director
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PC RES0 NO. 3564 -2-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL, CODE BY AMENDING CHAPTER 21.18,
AMENDING SECTION 21.18.045 TO DELETE THE CONDITIONAL
USE PERMIT REQUIREMENT FOR SENIOR CITIZEN HOUSING AND
REPLACE IT WITH A SITE DEVELOPMENT PLAN REQUIREMENT;
TO REVISE THE REQUIREMENTS FOR SENIOR CITIZEN HOUSING
AND BY AMENDING SUBSECTIONS 21.16.016, 21.18.045,
21.20.025,21.22.015, AND21.24.025ALLOWING SENIORCITIZEN
HOUSING PROJECTS THROUGH SITE DEVELOPMENT PLAN IN
THE MULTIPLE-FAMILY RESIDENTIAL (R-3), RESIDENTIAL-
PROFESSIONAL (R-P), RESIDENTIAL TOURIST (R-T),
RESIDENTIAL WATERWAY (R-W) AND RESIDENTIAL DENSITY-
MULTIPLE (RD-M) ZONES AND AMENDING CHAPTER 21.44,
SECTION 21.44.020, SUBSECTION (9) TO AMEND THE PARKING
REQUIREMENTS FOR SENIOR CITIZEN HOUSING.
APPLICANT: CITY OF CARLSBAD
CASE NO: ZCA 93-05
WHEREAS, the California Government Code Section 65915 permits a 13
14 developer of a residential project of five (5) or more units on a specific site to request
15 that the project be granted a density bonus and other incentive or concession, or
16 equivalent incentives and concessions for the purpose of providing affordable housing for
I? very low-income or low-income households or for qualifving (senior) residents; and
18 WHEREAS, the existing City of Carlsbad zone code contains standards for
19 the development of senior citizen housing projects through Conditional Use Permit; and 20
21 WHEREAS, the existing City of Carlsbad zone code provisions for senior
22 citizen housing are not in conformance with California Government Code Section 65915;
23 and WHEREAS, the existing City of Carlsbad zone code provisions for Senior
24 Citizen Housing are not in conformance with Chapter 21.85 of the Carlsbad Municipal
25 Code (City's Inclusionary Housing Ordinance) and City Council Policy No. 43; and
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27 WHEREAS, it is a program of the Housing Element of the City's General
28 Plan to amend the City's current Senior Citizen housing regulations to conform to the
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provisions of Government Code Section 65915 and to establish standards for location,
parking, safety, recreational facilities, medical care and other aspects of senior oriented
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SECTION 1: That Title 21, Chapter 21.18, section 21.18.045, of the 5
The City Council of the City of Carlsbad, California does ordain as follows:
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Carlsbad Municipal Code is repealed and reenacted to read as follows:
21.18.045. Senior Citizen Housing by Site Development Plan.
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(b) The city may approve a Site Development Plan for privately developed 9
(a) This section is intended to provide a mechanism and standards for the
development of rental or for-sale housing available to senior citizens.
senior citizen housing on property in the R-P zone where the general plan applicable to lo
(c) Senior Citizen Housing projects shall meet the following requirements: permits. 11
such property permits residential uses. The provisions of this section shall apply to such
12 (1) Senior housing projects should, whenever reasonably possible,
be located consistent with the following locational guidelines: 13
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(A) The proposed project should be located in close proximity
to a wide range of commercial retail, professional, social and community services
(B) The proposed project should be located within two to
access tho these services; and 15
patronized by senior citizens; or have its own private shuttle bus which will provide daily
16 three blocks of a bus or transit stop unless a common transportation service for residents
17 (C) The proposed project should be located in a
18 (D) Development of a senior citizen housing project at the
19 proposed location should not be detrimental to public health, safety and general welfare.
(2) As used in this section, “housing for senior citizens” means 20 housing: (A) Provided under any state or federal program that the 21 Secretary of Housing and Urban Development determines is specifically designed and
22 operated to assist elderly persons as defined in the state or federal program; or
(B) Intended for, and solely occupied by, persons sixty-two
23 years of age or older; or
(C) Intended and operated for occupancy by at least one 24 person fifty-five years of age or older per unit if the following factors are shown:
25 (i) The existence of significant facilities and services
specifically designed to meet the physical or social needs of older persons, or if the
26 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
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is provided and maintained; and
topographically level area; and
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(ii) That at least eighty percent of the units are occupied by
1 or reserved for occupancy by at least one person fifty-five years of age or older per unit,
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procedures which demonstrate an intent by the owner or manager to provide housing for
persons fifty-five years of age or older.
to meet the physical or social needs of older persons include, but are not limited to, social
5 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
7 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
8 housing facility need not have all of these features to meet these requirements of this
subsection.
hospitalization or other prolonged absence of the qualifring resident, any qualified lo permanent resident, as defined by Section 51.3 of the California Civil Code, shall be
l1 entitled to continue his or her occupancy, residency or use of the restricted dwelling unit
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Significant facilities and services specifically designed 4
(iii) The publication of, and adherence to, policies and
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9 (D) Upon the death or dissolution of marriage, or upon
as a permitted resident.
development standards: 13
be modified as an additional incentive granted pursuant to Chapter 21.86 of this Title; I.4 with all applicable development standards of the underlying zone, except those which may
(A) All senior citizen housing projects are required to comply
15 (4) Parking for a senior citizen housing project shall be provided
16 (A) Whenever possible, parking spaces should be laid out at
17 (B) Required parking spaces shall be available to the tenants
18 (5) The senior citizen housing project shall observe the following
19 design criteria:
(A) To the maximum extent feasible, architectural harmony,
20 through the use of appropriate building height, materials, bulk and scale, within the
21 (B) The building(s) shall be finished on all sides with similar
22 roof and wall materials, colors, and architectural accent features;
(C) Laundry facilities must be provided in a separate room
23 at the ratio of one washer and one dryer for every 25 dwelling units or fractional number
thereof. At least one washer and one dryer shall be provided in every senior citizen 24 housing project. Washers and dryers may be coin operated;
(D) Common areas shall be provided in the senior citizen 25 housing project. The common areas that are provided shall be designed to make these
26 areas useful and functional for residents. Examples of common areas include but are not
limited to the following: a recreation social room, a common cooking and dining facility,
27 passive open space, and reading/TV rooms. The total amount of common area required
12 (3) A senior citizen housing project shall observe the following
pursuant to Section 21.44.020(a)(9) and is subject to the following conditions:
either a thirty (30), forty-five (45) or sixty (60) degree angle;
of the project at no fee;
development and within the existing neighborhood and community shall be obtained;
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in each senior housing project shall be no less than twenty (20) square feet per dwelling
1 unit. Common space excludes all stairwells and any balconies of less than forty (40)
reduced if it is located adjacent to usable outdoor space. Adjacent toilet facilities for men 2 square feet. The size of the recreation/community-social room may be appropriately
and women shall be provided. Unless the building is serviced by an elevator, the 3 recreation/community-social room shall be located on the ground floor;
4 (E) A manager's unit is recommended to be included in every
senior citizen housing project. If provided, the manageis unit shall be a complete
5 dwelling unit and so designated on all plans. All senior citizen housing projects which
do not have an on-site manager shall provide a posted phone number of the project 6 owner or off-site manager for emergencies or maintenance problems;
7 (F) All buildings exceeding two stones shall include elevators;
(6) Dwelling units in senior citizen housing projects shall observe
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(A) Tubs shall be equipped with at least one grab bar;
9 (B) Tubs and/or showers shall be equipped with temperature
regulating devices; 10 (C) Tub or shower bottom surfaces shall be slip resistant;
11 (D) Peepholes in entry doors; and
(E) AU projects are required to comply with Title 24 of the
12 State Building Code (Disabled Access Regulations).
this section and Chapter 21.86 (Residential Density Bonus), the final decision making 15
agreement to develop and operate the senior citizen housing project in accordance with l4 (7) Upon written request by an applicant, and in return for his
of the applicable building and housing codes. 13 (F) All senior citizen units must conform to the requirements
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to this section and/or requesting a residential density bonus pursuant to Chapter 21.86, 21 (C) Any senior citizen housing project constructed pursuant
density bonus shall comply with the requirements of Chapter 21.86 of this Title. 20
(B) All senior citizen housing projects requesting a residential
Title. 19
plan or specific plan, at the time of application, consistent with Section 21.86 of this I.8 maximum allowable residential dwelling unit density as specified by the applicable master
the Growth Control Point of the applicable General Plan designation or the otherwise 17 (A) A minimum increase of twenty-five percent (25%) over
(density) subject to the following conditions: 16
authority shall allow an increase in the number of dwelling units permitted per acre
shall be required to comply with the inclusionary requirements for residential
developments in Chapter 21.85 of this Title. Not less than fifteen percent (15%) of all
23 approved units in any Senior Citizen Housing project shall be set aside for occupancy by
and shall be affordable to lower-income households. 24 (d) Application submittal and review is as follows:
(1) Preliminary application: A developer of a senior citizen housing 25 project shall submit a preliminary application prior to the submittal of a formal request
26 for approval. The preliminary application shall include the following information:
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(A) A brief description of the proposal including the total
number of senior units, density bonus units and affordable senior units proposed;
(B) The zoning, General Plan designations and assessors parcel
number(s) of the project site;
(C) A site plan, drawn to scale, which includes: building
footprints, driveway and parking layout, building elevations, existing contours and
proposed grading; and
(D) A letter identifying what specific incentives (Le.; density
bonus, standards modifications, or financial incentives) are being requested of the City.
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Department, the Department shall provide to an applicant, a letter identifying project 7
Within 30 days of receipt of the preliminary application by the Planning
support when making a recommendation to the final decision making authority. 8
issues of concern to staff, and the incentives or assistance that the Planning Director can
(2) Application: The Site Development Plan (SDP) application for
9 a senior citizen housing project shall be processed along with all otherwise required
project application(s) and no additional hearings or approvals shall be required, except lo as provided herein with regard to the modification of existing standards or other
11 additional incentives. If the application involves a request for direct financial incentives,
then any action by the Planning Commission on the application shall be advisory only,
12 and the City Council shall have the authority to make the final decision on the
application. 13 (3) Submittal: (A) The completed application for a senior citizen housing I* project requesting a density bonus, modification of development standards or other
15 additional incentives shall include the following information:
i. A legal description of the total site proposed for
16 development including a statement of present ownership and present and proposed
zoning; 17 ii. A letter signed by the present owner stating how the
18 project will comply with Government Code Section 65915 and stating what is being
requested from the City, (i.e. density bonus, modification of development standards, or
19 other additional incentives);
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landscape plan, building elevations and floor plans) per the City's application submittal 20
iii. Site plans and other supporting plans (Le.; a
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vii. A monitoring and maintenance plan. 26
common areas and accommodations and; 25 vi. A set of first floor plan or other floor showing any
closets, and cabinets; 24 indicating a typically furnished apartment, with dimensions of doorways, hallways,
v. A set of floor plans for each different type of unit 23
facilities or other related uses and services likely to be patronized by senior citizens;
and such details as the nearest market, transit stop, park or recreation center, medical z2
iv. A detailed vicinity map showing the project location
requirements;
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(B) In the case of a request for a modification of development
1 standards or other additional incentives, The applicant shall be required to submit a
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and/or other requested incentive is necessary to make the project economically feasible.
(C) At the time of plan subniittal for building permits, the
applicant shall submit a set of detailed drawings for kitchens and bathrooms indicating
4 counter and cabinet heights and depth; type of pulls, faucets, grab-bars; tub and/or
shower dimensions, and handicapped turn space where appropriate.
make findings and recommendations based upon the following criteria:
project pro-forma for the proposed project to demonstrate that the standards modification
5 (4) Review: The Planning Director shall evaluate the request and
6 (A) The senior citizen housing project helps achieve the City's
7 senior and affordable housing goals as set forth in the Housing Element of the General
Plan;
be necessary to make the project economically feasible;
overall development pattern that is incompatible with other land uses in the immediate
(D) The senior citizen housing project complies with the
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(C) The senior citizen housing project shall not result in an 9
(B) The density bonus and/or additional incentive(s) must
vicinity;
11 general plan, zoning and development policies of the City of Carlsbad.
priority in processing. 12 (5) Processing: All senior citizen housing projects shall be given
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(e) Monitoring and Enforcement of Site Development Plan Conditions:
(1) To assure compliance with the age requirement of this chapter,
all applicants/owners of Senior Citizen Housing projects shall be required to submit, on
15 an annual basis, an updated list of all project tenants, and their age to the City's Housing
and Redevelopment Department.
16 (f) This section is intended to comply with state and federal laws prohibiting age discrimination in housing. 17
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19 (is amended by the amendment 1.16.016 to read as follows:
SECTION 11: That Title 21, Chapter 21.16 of the Carlsbad Municipal Code
20 "21.16.016. Senior Citizen Housing by Site DeveloDment Plan.
Senior citizen housing may be permitted by site development plan issued 21 according to the provisions of Section 21.18.045 of this title. The development standards
22 of this zone shall apply."
23 SECTION 111: That Title 21, Chapter 21.20 of the Carlsbad Municipal Code
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is amended by the amendment of section 21.20.025 to read as follows:
Senior citizen housing may be permitted by site development plan issued 26 according to the provisions of Section 21.18.045 of this title. The development standards
27 of this zone shall apply."
"21.20.025. Senior Citizen Housin? by Site DeveloDment Plan.
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SECTION IV: That Title 21, Chapter 21.22 of the Carlsbad Municipal Code
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3 "21.22.015. Senior Citizen Housing bv Site DeveloDment Plan.
Senior citizen housing may be permitted by site development plan issued
4 according to the provisions of Section 21.18.045 of this title. The development standards
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8 "21.24.025. Senior Citizen Housing bv Site DeveloDment Plan. senior
citizen housing may be permitted by site development plan issued according to the 9 provisions of Section 21.18.045 of this title. The development standards of this zone
shall apply."
is amended by amendment of section 21.22.015 to read as follows:
of this zone shall apply."
SECTION V That Title 21, Chapter 21.24 of the Carlsbad Municipal Code
is amended by the amendment of section 21.24.025 to read as follows:
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is amended by the amendment of Subsection 21.44.020(a)(9) to read as follows:
(9) Senior Citizen Housing Projects - Minimum one space per every
two units, plus one space for an on-site managers unit (when provided) and one guest l4 parking space, subject to approval of a site development plan.
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19 days after its adoption.
SECTION VT: That Title 21, Chapter 21.44 of the Carlsbad Municipal Code
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
to be published at least once in a paper of general circulation in the city within fifteen
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council on the day of , 1994, and thereafter 2'
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
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PASSED AND ADOPTED at a regular meeting of the City Council of the City
// of Carlsbad on the day of J 1994, by the following vote, to wit: 2
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AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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