HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6894
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO DEFINE
“EMERGENCY SHELTER,” PERMIT OR CONDITIONALLY
PERMIT SHELTERS IN THE M AND P-M ZONES, AND ADD
DEVELOPMENT STANDARDS FOR THE SAME.
CASE NAME: EMERGENCY SHELTER
CASE NO: ZCA 09-05
WHEREAS, the City Planner has prepared a proposed Zone Code Amendment
pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
Amend Zoning Ordinance chapters relating to definitions, parking standards
and Industrial (M) and Planned Industrial (P-M) zones of the Zoning Ordinance (Title 21)
to address emergency shelters as specified in Program 3.14 of the 2005-2010 City of
Carlsbad Housing Element; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X” dated, July 3, 2012, and attached hereto EMERGENCY SHELTER –
ZCA 09-05; and
WHEREAS, the proposed amendment implements Government Code
Section 65583(4)(A), which requires cities to identify a zone or zones that can
accommodate at least one year-round emergency shelter that is allowed as a permitted use
without a conditional use or other discretionary permits; and
WHEREAS, the Planning Commission did on July 3, 2012, 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:
PLANNING COMMISSION RESOLUTION NO. 6894
PC RESO NO. 6894 -2-
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
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 EMERGENCY SHELTER – ZCA 09-05,
based on the following findings:
Findings:
1. That the proposed Zone Code Amendment ZCA 09-05 is consistent with the General
Plan in that it implements:
a. Land Use Element Overall Land Use Pattern Objective B.3, which states, the
City of Carlsbad is “To provide for the social and economic needs of the
community in conjunction with permitted land uses.”
b. Housing Element Program 3.14 Objective, which states “Amend the Zoning
Ordinance to permit emergency shelters by right in the Planned Industrial (P-
M) and Industrial (M) zones…”
2. That the proposed ZCA reflects sound principles of good planning in that it:
a. Is consistent with the General Plan; and
b. Provides a clear definition and development standards for emergency shelters;
and
c. Amends the “Permitted Uses” table of the P-M and M zones so it is clear where
emergency shelters are permitted and conditionally permitted.
3. That the proposed ZCA complies with state law in that the proposed amendment
implements Government Code Section 65583(4)(A), which requires cities to identify
a zone or zones that can accommodate at least one year-round emergency shelter
that is allowed as a permitted use without a conditional use or other discretionary
permits.
4. The Planning Commission has determined that:
a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
adopted;
b. The project is consistent with the 2005-2010 Housing Element cited above;
c. The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration; and
d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
. . .
. . .
. . .
Exhibit “X”
July 3, 2012
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
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
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
AMENDMENT TO DEFINE “EMERGENCY SHELTER,” PERMIT
OR CONDITIONALLY PERMIT SHELTERS IN THE M AND P-M
ZONES, AND ADD DEVELOPMENT STANDARDS FOR THE
SAME.
CASE NAME: EMERGENCY SHELTER
CASE NO.: ZCA 09-05
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That the list of sections in Chapter 21.04 (Definitions) is amended
to add the following reference to Section 21.04.140.5
21.04.140.5 Emergency Shelter
SECTION II: That Section 21.04.140.5 (Definitions, “Emergency Shelter”) is
added 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.
SECTION III: That the list of sections in Chapter 21.32 (M Industrial Zone) is
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
21.32.070 Emergency shelter.
SECTION IV: That Table A of Section 21.32.010 (M Industrial, Permitted Uses) 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
ORDINANCE NO.
-2-
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
SECTION V: That Section 21.32.070 (M Industrial Zone, Emergency shelter
standards) is added as follows:
21.32.070 Emergency shelter
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;
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:
-3-
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
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.
SECTION VI: That 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
SECTION VII: That 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”:
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.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance
or a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
(Notwithstanding the preceding, this ordinance shall not be effective until approved by the
California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2012, and thereafter.
///
-4-
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
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)