HomeMy WebLinkAbout1994-05-18; Planning Commission; Resolution 3562/I 0 0
II PLANNING COMMISSION RESOLUTION NO. 3562
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
ZONE CODE AMENDMENT TO AMEND VARIOUS CHAPTERS AND
SECTIONS OF THE CARLSBAD MUNICIPAL CODE (TITLE 21) TO:
(1) ADD MANAGED LMNG UNITS AS A PERMI'ITED
ZONES, (2) ESTABLISH DEVELOPMENT AND DESIGN
REGULATIONS (INCLUDING PARKING STANDARDS) FOR
MANAGED LMNG UNIT PROJECTS, (3) LIMIT APPROVALS TO 200
ROOMS/5 YEARS UNLESS THE MANAGED LMNG UNIT
ORDINANCE IS EXTENDED FOLLOWING A COMPREHENSIVE
REVIEW, (4) ADD MANAGED LMNG UNIT AS AN ADDITIONAL
TERM DEFINED AND TO AMEND TITLE 3, SECTION 3.12.020(1)
LMNG UNIT OF A MANAGED LMNG UNIT TO THE DEFINITION
OF A HOTEL.
CASE NAME: MANAGED LMNG UNITS
CASE NO: ZCA 91-01
CONDITIONAL USE IN THE R-T, C-1, C-2, C-T, P-C, AND P-M
OF THE CARLSBAD MUNICIPAL CODE TO ADD NON-RESTRICTED
12 WHEREAS, the Planning Commission did on the 4th day of May, 1994, and on thf
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consider said request; and l4
18th day of May, 1994, hold a duly noticed public hearing as prescribed by law tc
15 11 WHEREAS, at said public hearing, upon hearing and considering all testimony an(
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arguments, if any, of all persons desiring to be heard, said Commission considered al
factors relating to the Zone Code Amendment; and
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follows: 20
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A) That the foregoing recitations are true and correct.
22 B) That based on the evidence presented at the public hearing, the Commissior
23 recommends APPROVAL of ZCA 91-01, according to Exhibit "Xt, dated May 4
1994, attached hereto and made a part hereof, based on the following findings an(
24 subject to the following findings.
25 Findinm:
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission a:
1. The proposed amendment is consistent with the various elements of the Genera
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2. Managed living uuits will provide a supply of affordable living accommodations
particularly for persons who cannot or do not wish to maintain households witl
complete facilities.
3. In order to meet the 'Regional Share" affordable housing objectives established fa
the City, it is necessary to encourage a variety of housing types. The 'Wanaget
Living Unit" will help the City to meet the goal established.
4. There is a shortage of decent, safe sanitary affordable rental liviq accommodations in the City of carlsbad. The "Managed Living Unit" wil
contribute significantiy to the stock of low-income rental living accommodation
in the City of carlsbad.
5. The proposed amendment will ensure that Managed Living Units are constructel
in a safe and responsible manner.
6. The proposed amendment will ensure that Managed Living Units are compatibk
with the surroune uses in carlsbad.
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Managed Jiving Units.
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7. With the development standards, design criteria, and special room amenitie
required, Managed Living Units will maintain a high quality of life for residents
8. The proposed parking standards will be adequate to meet the parking demand fo
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj
Commission of the City of Carlsbad, California, held on the 18th day of May, 1994, b:
the following vote, to wit: 17
18 AYES: Chairperson Savary, Commissioners: Schlehuber, Noble & Welshons
19 I NOES: Commissioners: Betz, Erwin 81 Hall.
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A 21
ABSENT: None.
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25 ATTEST:
CARLSBAD PLANNING COMMISSION
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28 I' Planning Director
PC RES0 NO. 3562 -2-
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0 0 EXHIBIT IuX"
MAY 4', 1994 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW MANAGED LIVING UNITS AS A CONDITIONAL USE IN THE R-T, C-1, C-2, C-T, P-C AND P-M ZONES, ESTABLISH DEVELOPMENT AND DESIGN REGULATIONS, AND ADD CERTAIN
MANAGED LIVING UNITS TO THE DEFINITION OF A HOTEL IN CHAPTER 3.12 OF THE CODE. ZCA 91-01 - CITY OF CARLSBAD
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1 : That Title 21, Chapter 21-42 of the
Carlsbad Municipal Code is amended by the addition of Subsection
21.42.010(16) to read as follows:
"(16) R-T, C-T, C-1, C-2, P-M and areas designated by a Master Plan for Residential Tourist, Commercial Tourist, Neighborhood Commercial, General Commercial or Planned Industrial uses in P-C zones. I# (A) "Managed Living Unitt1 as defined in Chapter
21.04 of this code subject to the following: (i) LOCATION CRITERIA. A Managed Living Unit shall not be allowed unless the following findings are made: (a) The Managed Living Unit shall be compatible with surrounding land uses and structures and shall not be detrimental to the neighborhood or community;
(b) Development of a Managed Living Unit.project at the location shall not be detrimental to public health, safety or general welfare; and
proximity to: mass-transit system; community services: shopping; and employment; OR the site is located in close proximity to a hotel resort facility.
(c) The site is located in close
(ii) AFFORDABLE HOUSING REQUIREMENT All Managed Living Unit projects are subject to the following conditions: (a) Managed Living Unit projects must provide living units that are restricted to and affordable by low-income and very low-income households, as defined in Chapter
21.85 of this Title. At minimum, twenty (20) percent of the guest rooms of a Managed Living Unit project must be restricted to low-income households, and at minimum, five (5) percent of the guest rooms of a Managed Living Unit project must be restricted to very low-income households for the life of the Managed Living Unit project, In calculating the number of guest rooms to be restricted to low and very low-income households, any resulting number containing a fraction shall be rounded up to the next higher' integer.
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(b) The affordable rent charged for all restricted living units shall be established to assure that the living unit will constitute "affordable housing" as defined in Chapter 21.85 of this Title. The same rental terms and conditions must be applied to tenants of restricted living units as to all other tenants, and no other additional fees may be
charged. Applicants shall demonstrate
compliance with this Section by the preparation and approval of a Managed Living Unit Affordable Housing Agreement. A draft Managed Living Unit Affordable Housing Agreement shall be
submitted by the applicant to the City. The terms of the draft Agreement shall be reviewed by the Planning Director and Director of Housing and Redevelopment, who shall formulate a
recommendation and refer the matter to the Community Development Director or his designee for final approval. Following the approval and the signing by all parties, the completed Managed Living Unit Affordable Housing Agreement'shall be recorded, and the relevant terms and conditions therefrom filed and recorded as a deed restriction on those individual lots or units Of a property which are designated for the location Of units restricted to lower-income households. The approval and recordation shall take place prior to final map approval Or,
where a map is not being processed, prior to the issuance of building permits for such lots or units. The Managed Living Unit Affordable Housing Agreement shall be binding on all future owners and successors in interest.
(c)
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The Managed Living Unit Affordable Housing Agreement shall establish the following: (1) The number of lower-income living units:
(2) The proposed location .of the lower-income living
units :
(3) Tenure of affordability for the restricted living units (useful life of the unit(s) or project) :
(4) Terms and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies and operating and maintaining lower-income living
units. (e) Restricted living units shall be
managed by the applicant/owner or his or her agent. Each applicant/owner of the restricted living units shall submit an annual report to the City's Housing and Redevelopment Department, at the end of the previous calendar year, identifying which units are reserved and affordable to lower-income households, the periodic rate for rent, vacancy information for each restricted living unit for the prior year, and other information as required by the City, while ensuring the privacy of the tenant. (iii) DESIGN CRITERIA. The Managed Living Unit project shall observe
the foliowing design criteria: (a) To the maximum extent feasible,
architectural harmony within the development and within the neighborhood and community shall be 'obtained;
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(b) The building(s) shall be finished
on all sides with similar roof and wall materials, colors, and architectural accent features; (c) At least one janitorial closet with
sink is required on each floor; (d) Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for
every'25 guest rooms or fractional number thereof. At least one
washer and one dryer shall be provided in every Managed Living
Unit project. Washers and dryers may be coin operated;
(e) A six-foot-high masonry wall shall
be constructed along all property lines which are adjacent to
residentially zoned properties, except where prohibited by
approved driveways;
developments shall have a secured entry by providing a front desk
with a full view of the entry area, staffed 24 hours a day, seven
days a week. An unrestricted drop-off/pick-up/loading temporary
parking area shall be provided near the entry area. (4) A manager's unit is required in
every Managed Living Unit project. The manager's unit shall be a complete dwelling unit and so desi,gnated on all plans. There is no limit to the floor area for the manager's unit; (h) A minimum of two (2) gallons of
trash storage must be provided per guest room. The trash storage containers must have close fitting covers and be located on each floor according to the number of guest rooms they are intended to serve. Trash chutes must be provided on every floor above ground
level ;
project lobby area, pay telephones, a drinking fountain and individual'mail boxes shall be provided;
project, public rest rooms shall be provided on the ground floor of the project; and (k) Covered bicycle lock-up areas shall
be provided at a ratio of one (1) bicycle lock-up facility per
ten (10) guest rooms. (iv) REQUIRED INTERIOR AND, EXTERIOR COMMON
SPACE. Exterior common areas and/or open courtyards
should be provided throughout the Managed Living Unit project.
The common areas that are provided should be designed to include
passive open space with tables, chairs, planters, or small garden
spaces to make these areas useful and functional for the
residents. The amount of interior and exterior common areas for
each development, including but not limited to recreation areas,
lobbies (excluding staff areas), common kitchens and reading/T.V.
rooms, shall be no less than twenty (20) square 'feet per guest room. Common interior and exterior space excludes all stairwells and any balconies of less than forty (40) square feet.
(f) All Managed Living Unit
(i)
(j 1 In every Managed Living Unit
In every Managed Living Unit '
(v) ROOM REQUIREMENTS.
All guest rooms shall observe the following
(a) Contain a floor area of not less requirements:
than 150 square feet and no greater than 350 square feet;
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(b) Separate from any provided bathroom
facilities, a sink with garbage disposal and counter top is required in every guest room. The counter top must be a minimum of 12 inches deep by 24 inches wide, exclusive of the sink area;
(c) The guest room shall be furnished
with and pre-wired for a .microwave oven and a refrigerator. Electrical outlets for these appliances must be provided in proximity to the sink and counter top: (d) . Each managed living unit project
shall be pre-wired for individual telephone and cable/satellite
television service; (e) A closet and designated storage
space of at minimum forty (40) cubic feet is required in every
guest room: (f) A complete bathroom is required in
each guest room. A complete bathroom contains a sink, toilet and
shower and/or tub. (vi) DEVELOPMENT STANDARDS.
Managed Living Unit Development Standards are
in addition to those of the underlying zone, If there is a
conflict between the standards of the underlying zone and this
section, the Development Standards of this section supersede. (a) Setbacks.
(1) . Frontyard - The frontyard
setback for Managed Living Unit structures shall be 15 feet. If
the ground level of a Managed. Living Unit structure does not
include any guestrooms (including a managers unit) then the
frontyard setback shall be 5 feet. (2) Sideyard - The sideyard setback
for Managed Living Unit structures shall be 5 feet, (3) Rearyard - The rearyard setback
for Managed Living Unit structures shall be 10 feet. (b) Building Height. In a Managed Living Unit project,
no building shall exceed a height of 35 feet or three stories, as
defined in Chapter 21.04.
(vii) PARKING. Parking for a Managed Living Unit project
(viii) MANAGEMENT PLAN.
Prior to the issuance of building permits for
a Managed Living Unit project, a Management Plan must be
submitted to and be approved by the Housing and Redevelopment Director. A Management Plan shall be prepared for all Managed
Living Unit developments to include the following items: (a) Management policies and operational
procedures; (b) An internal security and vehicular
security program;
resident manager and support staff). An on-site, 24-hour manager
is requi,red in every Managed Living Unit project; (d) Tenant selection procedures to
assure fair and equal access to housing; (e) Tenant rights; (f) Residency rules and regulations;
shall be provided pursuant to Section 21.44.020.
(c) The staffing needs (on-site
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(9) Rental rate policy regarding rent
levels, collection of rent and rent increases:
procedure; (h) Security deposit policy and
(i) Maintenance plans: (j) Rental procedures. The rental
procedures must designate tenancy types allowed;
establishing the procedures for qualifying low-income and very low-income tenants and establishing the respective rental rates: (1) A monitoring and report system of low-income and very low-income restricted guest rooms; and (m) An emergency plan.
(k) An agreement with the city
( ix) ORDINANCE REVIEW. Upon approval of 200 Managed Living Units or five (5) years from the effective date of these regulations, whichever occurs first, the City shall approve no new or amended Conditional Use Permit for additional projects containing Managed Living Units until: 1) a comprehensive review of the regulations pertaining to Managed Living Units has been conducted and the results presented to the Planning Commission and City Council, 2) the City Council finds that approvals for new or amended Conditional Use Permits for additional Managed Living Units is in the interest of the public and represents no danger to the publicts health, safety, or general welfare, AND, 3) the City Council has considered changes to the current regulations, including modifications to this paragraph. Nothing in this paragraph shall be construed to,limit or alter the conditions of approval included in Conditional Use Permits granted for projects approved prior to the approval of 200 Managed Living Units or five (5) years.
SECTION 2 : That Title 21, Chapter 21.20 of the
Carlsbad Municipal Code is amended by the addition of Subsection
21.20.020(13) to read as follows:
1t21.20.020(13) Managed Living Units."
SECTION 3 : That Title 21, Chapter 21.26 of the
Carlsbad Municipal Code is amended by the addition of Subsection
21.26.015(6) 'to read as follows:
t121.26.015(6) Managed Living Units."
SECTION 4 : That Title 2i, Chapter 21.28 of the
Carlsbad Municipal Code is amended by the addition of Subsection
21.28.015(7) to read as follows:
1121.28.015(7) Managed Living Units."
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SECTION 5 : That Title 21, Chapter 21.29 of the
Carlsbad Municipal Code is amended by the addition of Subsection
21.29.050(7) to read as follows:
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4 11 "21 t 29 t 050 (7) Managed Living Units"
SECTION 6 : That Title 21, Chapter 21.34 of the
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Carlsbad Municipal Code is amended by the addition of Subsection
21.34.040(2) to read as follows:
7 11 1t21.34.040(2) Managed Living Units."
8 /I SECTION 7: That Title 21, Chapter 21.04 of the 9
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Carlsbad Municipal Code is amended by the renumbering of Section
21.04.265 to 21.04.263 and the addition of Section 21.04.265 to
read as follows:
"21.04.265 Managed Living Unit. "Managed Living Unit" means a guest room within a Managed Living Unit project which is designed and intended for transient occupancy of daily, weekly or longer tenancy or permanent residency, providing sleeping or living facilities for 1 or 2 persons, in which a full bathroom and a partial kitchen are provided." .
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SECTION, 8 : That Title 21, Chapter 21.44 of the
Carlsbad Municipal Code is amended by the addition of Subsection
21.44.020(b) (21) to read as follows:
19 ! Iv21.44.020(b) (21) Managed Living Units. One standard space shall be provided for the manager's unit, and one space per full-time employee at maximum shift, plus 2o parking shall be provided as follows:
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22 room:
23 - 0.7 space/reserved guest room;
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The City Council may modify the parking standards for 25 qualifying Managed Living Unit projects provided that the
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I. Guest rooms - 1.0 space/non-restricted guest
11. Guest rooms reserved for low-income households
111. Guest rooms reserved for very low-income households - 0.3 space/reserved guest room.
following findings are made:
detrimental to public health, safety and welfare; (A) The reduction in parking shall not be
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(B) The applicant submits a parking study prepared by a registered traffic engineer which demonstrates that a reduction in the number of parking standards is appropriate; and (C) The Managed Living Unit project provides one or
more of the following:
(1) One (1) covered bicycle lock-up facility
for each four (4) guestrooms; (2) One (1) on-site motorcycle parking space for each ten (10) guestrooms; ..
(3) Shuttle service;
(4) Project within 300 feet of a free public parking facility.lI
SECTION 9: That Title 3, Chapter 3.12 of the Carlsbad
Municipal Code is amended by the amendment of Section 3.12.020(1)
to add non-restricted living units of a 'Managed Living Unit to
the definition of a hotel to read as follows:
3.12.020(1) llHotelll means. any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, non-restricted living unit of a Managed Living Unit, lodging-house, rooming house, apartment house, dormitory, public or private club, mobile home
or house trailer at a fixed location or other similar structure or portion thereof. Hotel shall also include a private campground where only a site and accompanying facilities are
rented.
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 the Carlsbad Journal within fifteen days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the day of I
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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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