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HomeMy WebLinkAbout1994-05-18; Planning Commission; Resolution 3562/I 0 0 II PLANNING COMMISSION RESOLUTION NO. 3562 1 2 3 4 5 6 7 8 9 10 11 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 13 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( 16 17 18 arguments, if any, of all persons desiring to be heard, said Commission considered al factors relating to the Zone Code Amendment; and 19 21 follows: 20 I 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: 26 27 Plan NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission a: 1. The proposed amendment is consistent with the various elements of the Genera 28 , ll 0 0 1 2 3 4 5 6 7 8 9 10 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. 11 12 13 15 14 Managed Jiving Units. 16 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. 20 A 21 ABSENT: None. 22 23 24 25 ATTEST: CARLSBAD PLANNING COMMISSION 26 27 28 I' Planning Director PC RES0 NO. 3562 -2- 1 c 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 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. 28 ... n !I 0 0 t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i (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) (dl 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; 2 n II 0 e 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 (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; II A ll 3 /I 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 I (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 4 /1 0 0 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% I (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." 5 li 0 a 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: 1 2 3 11 4 11 "21 t 29 t 050 (7) Managed Living Units" SECTION 6 : That Title 21, Chapter 21.34 of the 5 6 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 10 11 12 13 14 15 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." . 16 17 18 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: 21 22 room: 23 - 0.7 space/reserved guest room; 24 The City Council may modify the parking standards for 25 qualifying Managed Living Unit projects provided that the 26 27 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 28 6 II. I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 ' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e (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. ... ... ... ... ... ... 7 e.. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 0 0 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 19 , and thereafter I PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of I 19 , by the following vote, to wit: AYES : NOES : ABSENT : APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 8