HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6896
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO ADD
DEFINITIONS AND STANDARDS FOR “SUPPORTIVE
HOUSING” AND “TRANSITIONAL HOUSING,” PERMIT OR
CONDITIONALLY PERMIT THE SAME IN RESIDENTIAL
AND CERTAIN COMMERCIAL ZONES, REVISE THE
DEFINITION AND STANDARDS FOR “RESIDENTIAL CARE
FACILITIES,” AND PERMIT RESIDENTIAL CARE
FACILITIES IN RESIDENTIAL ZONES AND CERTAIN
COMMERCIAL ZONES WHERE CURRENTLY NOT
ALLOWED.
CASE NAME: TRANSITIONAL & SUPPORTIVE
HOUSING
CASE NO: ZCA 11-07
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, various residential
and commercial zones, minor conditional use permits and conditional use permits, and
parking to address transitional and supportive housing as specified in Program 3.15 of the
2005-2010 City of Carlsbad Housing Element and residential care facilities; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit X dated, July 3, 2012, and attached hereto TRANSITIONAL &
SUPPORTIVE HOUSING – ZCA 11-07; and
WHEREAS, the proposed amendment implements Government Code Section
65583(c), which requires cities to identify sites for and remove governmental constraints
that may hamper transitional and supportive housing, and Housing Element Program 3.15,
which identifies the need for Carlsbad to amend its Zoning Ordinance to permit such
housing; and
WHEREAS, the Planning Commission did on the 3rd day of July, 2012, hold a
duly noticed public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 6896
PC RESO NO. 6896 -2-
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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 TRANSITIONAL & SUPPORTIVE
HOUSING – ZCA 11-07, based on the following findings:
Findings:
1. That the proposed Zone Code Amendment ZCA 11-07 is consistent with the General
Plan in that it implements:
a. Land Use Element Residential Goal A.1, which states Carlsbad is to provide
“…a variety of housing types and density ranges to meet the diverse economic
and social requirements of residents…”
b. Housing Element Goal 3, which states “sufficient new, affordable housing
opportunities in all quadrants of the city to meet the needs of current lower and
moderate income households and those with special needs, and a fair share
proportion of future lower and moderate income households.”
c. Housing Element Program 3.15, which specifically states the city will amend the
Zoning Ordinance to address transitional and supportive housing.
2. By amending all residential zones and some commercial zones to permit or
conditionally permit transitional and supportive housing and by providing
appropriate development standards for such housing (serving more than six
persons), ZCA 11-07 implements Government Code Section 65583 (c)(2); this
section requires cities to remove governmental constraints and identify sites to
facilitate and encourage development of a variety of housing for all income levels,
including transitional and supportive housing.
3. ZCA 11-07 amends the definition for “residential care facilities” to be consistent
with the definition found in state Health and Safety Code 1502 and revises
development standards for residential care facilities.
4. That the proposed ZCA reflects sound principles of good planning in that it:
a. Provides clear definitions and standards for transitional and supportive housing;
b. Amends the “permitted uses” table of each zone so it is clear where transitional
and supportive housing are permitted and conditionally permitted;
Exhibit “X”
July 3, 2012
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
AMENDMENT TO ADD DEFINITIONS AND STANDARDS FOR
“TRANSITIONAL HOUSING” AND “SUPPORTIVE HOUSING,”
PERMIT OR CONDITIONALLY PERMIT THE SAME IN
RESIDENTIAL AND CERTAIN COMMERICAL ZONES, REVISE
THE DEFINITION AND STANDARDS FOR “RESIDENTIAL CARE
FACILITIES,” AND PERMIT RESIDENTIAL CARE FACILITIES IN
RESIDENTIAL ZONES AND CERTAIN COMMERCIAL ZONES
WHERE CURRENTLY NOT ALLOWED.
CASE NAME: TRANSITIONAL & SUPPORTIVE HOUSING
CASE NO.: ZCA 11-07
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
by adding the following references to sections 21.04.355.1 and 21.04.362 to read as follows:
21.04.355.1 Supportive housing
21.04.362 Transitional housing
SECTION II: That Section 21.04.300 (Definitions, “Residential Care Facility”) is
amended to read as follows:
21.04.300 Residential Care Facility
“Residential care facility” means any family home, group care facility, or similar facility,
licensed by the State of California, for twenty-four hour nonmedical care of persons in need of
personal services, supervision or assistance essential for sustaining the activities of daily living
or for the protection of the individual as provided in Section 1502 of the California Health and
Safety Code.
SECTION III: That Section 21.04.355.1 (Definitions, “Supportive Housing”) is
added to read as follows:
21.04.355.1 Supportive Housing
"Supportive housing" means housing with no limit on length of stay that is occupied by
the target population (as defined in state Health and Safety Code Section 50675.14 (b) (3)) and
that is linked to onsite or offsite services that assist the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing his or her ability to live and,
when possible, work in the community.
SECTION IV: That Section 21.04.362 (Definitions, “Transitional Housing”) is
added to read as follows:
21.04.362 Transitional Housing
“Transitional housing” means rental housing operated under program requirements that
call for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall be no less than six
months.
ORDINANCE NO.
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SECTION V: That Table A of Section 21.08.020 (R-A Residential Agricultural
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VI: That Table A of Section 21.09.020 (R-E Rural Residential Estate
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VII: That Table A of Section 21.10.020 (R-1 One-Family Residential
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VIII: That Table A of Section 21.12.020 (R-2 Two-Family Residential
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
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SECTION IX: That Table A of Section 21.16.020 (R-3 Multiple-Family Residential
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION X: That Table B of Section 21.18.020 (R-P Residential Professional
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION XI: That Table A of Section 21.20.010 (R-T Residential Tourist Zone,
Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
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SECTION XII: That Table A of Section 21.22.010 (R-W Residential Waterway
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION XIII: That Table A of Section 21.24.010 (RD-M Residential Density-
Multiple Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to
read as follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION XIV: That Section 21.26.015 (Residential uses in the C-1 Zone) is
amended by adding subsection D to read follows:
D. Residential uses shall include residential care facilities, supportive housing, and
transitional housing, each serving six or fewer persons.
SECTION XV: That Section 21.28.015 (Residential uses in the C-2 Zone) is
amended by adding subsection D to read as follows:
D. Residential uses shall include residential care facilities, supportive housing, and
transitional housing, each serving six or fewer persons.
SECTION XVI: That Section 21.31.065 (Residential uses in the C-L Zone) is
amended by adding subsection D to read as follows:
D. Residential uses shall include residential care facilities, supportive housing, and
transitional housing, each serving six or fewer persons.
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SECTION XVII: That Table A of Section 21.37.020 (RMHP Residential Mobile
Home Park, Permitted Uses) is amended by adding in alphabetical order the following uses to
read as follows:
Use P CUP Acc
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION XVIII: That Section 21.42.140 B. 125 is amended to read as follows:
125. Residential Care Facilities, Supportive Housing, and Transitional Housing (all
serving more than six persons):
a. Facilities shall comply with all the rules, regulations and standards required by
the State Department of Social Services.
b. Facilities shall meet current California Code of Regulations (Title 24) for
occupancy, as defined.
c. Facilities shall provide off-street parking as required in Chapter 21.44 of this title.
d. Additional requirements and restrictions may be imposed as determined
necessary by the decision-making authority to ensure facilities meet the findings stated in
Section 21.42.030. These requirements and restrictions may include provisions regarding but
not limited to the following items:
1. Hours of operation, such as for deliveries and other services
2. Noise
3. Lighting
4. Location and screening of parking, service, and other outdoor areas
5. Security
6. Loitering
SECTION XIX: That Table A in Section 21.44.020 (Number of Off-street Parking
Spaces Required) is amended by adding the following uses to the end of the list of “Residential
Uses” to read as follows:
Use Number of Off-Street Parking Spaces
Residential Uses
Supportive
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
Transitional
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
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SECTION XX: That the description “for other residential uses or care facilities
(e.g., housing for senior citizens, hospitals, residential care facilities, etc.)” found in Table B of
Section 21.44.020 (Parking Space and Areas) is amended to read as follows:
Subject Requirement
Location of required
parking
For other
residential uses
or care facilities
(e.g., housing
for senior
citizens,
hospitals, and,
when serving
more than six
persons,
residential care
facilities,
supportive
housing, and
transitional
housing)
Not more than 150 feet walking distance from
the nearest point of the parking facility to the
nearest point of the building that the parking
facility is required to serve.
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.
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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)