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HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6898 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 AN AMENDMENT TO THE VILLAGE MASTER PLAN AND DESIGN MANUAL TO INCORPORATE STANDARDS FOR MANAGED LIVING UNITS IN CERTAIN LAND USE DISTRICTS IN THE CARLSBAD VILLAGE AREA. CASE NAME: MANAGED LIVING UNITS CASE NO: LCPA 95-10(B) WHEREAS, the City of Carlsbad has filed a verified application to amend the Village Master Plan and Design Manual that constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “A” dated July 3, 2012, attached hereto, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Village Master Plan and Design Manual and the ordinances that implement it serve as the Local Coastal Plan for the Village segment of the Carlsbad Local Coastal Program and regulate land use for properties inside and outside of the Coastal Zone that are within the boundaries of the Village Area; and WHEREAS, said verified application implements Program 3.17, Alternative Housing, of the City of Carlsbad 2005-2010 Housing Element (extended through 2012) that calls for the city to conditionally permit and establish standards for managed living units in certain land use districts of the Village Area; and WHEREAS, state housing law, as expressed in Government Code Section 65583(c), requires cities to remove governmental constraints and identify sites to facilitate and encourage the development of a variety of housing for all income levels, including single room occupancy units, to which managed living units are similar; and WHEREAS, managed living units, based on their limited size, occupancy and amenities and the development standards applicable to them, potentially provide a viable PLANNING COMMISSION RESOLUTION NO. 6898 PC RESO NO. 6898 -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 housing option for lower income persons in Carlsbad that is convenient to transit and services; 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 Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on May 18, 2012, and ending on June 29, 2012, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of MANAGED LIVING UNITS – LCPA 95- 10(B) based on the following findings: Findings: 1. LCPA 95-10(B) meets the requirements of and is in conformity with the policies of Chapter 3 of the Coastal Act in that the amendment proposes only land use standards (no development) for Village land use districts that are away from the immediate coastline and within an existing developed area and the amendment does not change or conflict with Coastal Act requirements to protect water-oriented recreation or public views, maintain public access, and maintain biological resources, or other requirements with which development in the coastal zone must comply. 2. LCPA 95-10(B) meets the requirements of and is in conformity with all applicable policies of the Village segment of the Carlsbad Local Coastal Program, as expressed in the Village Master Plan and Design Manual, in that findings and standards required of managed living unit projects require compliance with Village Master Plan and Design Manual goals and objectives and stress neighborhood compatibility. 3. LCPA 95-10(B) does not require changes to and is consistent with the implementing ordinances of the Village segment, including Zoning Ordinance chapters 21.35, PC RESO NO. 6898 -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 21.41 and 21.81, which contain permit requirements, review procedures, and sign standards. 4. LCPA 95-10(B) contributes to General Plan Land Use Element Village goals that encourage a variety of complimentary uses, including residences, to enhance the Village as a place to live. 5. LCPA 95-10(B) is required to bring the Village Master Plan and Design Manual into consistency with the General Plan Housing Element Program 3.17, which establishes an objective of amending the Village Master Plan and Design Manual to provisionally permit and provide standards for managed living units in certain land use districts. 6. By providing a potentially viable housing option for lower income persons, identifying the land use districts in which managed living units can locate, and establishing reasonable, clear development standards, LCPA 95-10(B) complies with Government Code Section 65583(c), which requires cities to remove governmental constraints and identify sites to facilitate and encourage the development of a variety of housing for all income levels, including single room occupancy units, to which managed living units are similar. 7. LCPA 95-10(B) furthers Housing Element Goal 3, which encourages sufficient new, affordable housing opportunities to meet the needs of current and future lower and moderate income households throughout Carlsbad. 8. 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. 9. LCPA 95-10(B) shall not be effective anywhere in the Village Area until approved by the California Coastal Commission. . . . . . . . . . . . . . . . Exhibit “A” July 3, 2012 1 Amendments to the Carlsbad Village Master Plan and Design Manual LCPA 95-10(B) - Managed Living Units (Underline means text to be added and strikeout means text to be deleted) I. Changes to Chapter 2, Land Uses - The list of provisional uses is revised by alphabetically listing managed living units as shown below. Provisional Use Standards Contents Amusement Games Arcades Automatic Teller Machines (ATMs) Bars/Cocktail Lounges Bed and Breakfast Inns Business/Professional Offices Business/Professional Services Child Care Centers Cinemas Cultural Facilities Fast Food Restaurants (Large) Financial Institutions (Full) Hotels Laundromats Live/Work Studios Managed Living Units Medical Therapy Offices Medical Treatment Offices Motels Multi-Family Dwellings Night Clubs Pool Halls/Billiard Parlors Professional Care Facilities Quick Stop Food Stores Managed Living Units Restaurants with Entertainment Self-Improvement Services Sidewalk Cafes Sport Entertainment Uses Exhibit “A” July 3, 2012 2 II. Changes to Chapter 2, Land Uses - The definition and information about managed living units following the list of provisional uses are replaced as shown below. Managed Living Units Definition – Managed living units are small, individual dwelling units with limited features. They are developed in a multiple-family dwelling format as part of a managed living unit project. Managed living units are rentals intended for occupancy by 1 or 2 persons only and for tenancies of one month or longer. At a minimum, individual units have partial kitchens and private toilets. Units may share common baths. Managed Living Units within the Village shall be defined in the same manner as those allowed, if allowed, within the remainder of the city. The definition shall be established by ordinance approved by the City Council. All Managed Living Units produced within the Village shall comply with the standards and conditions set forth within the applicable regulations set forth within the Carlsbad Municipal Code. If a Managed Living Unit Ordinance is not adopted for the remainder of the city, these types of units will also not be permitted within the Village Area. Development of all Managed Living Units shall be consistent with the Carlsbad Municipal Code. Considerations 1. Managed living units provide housing for one to two people only on a monthly or longer rental basis. They are intentionally limited in size and features so they may serve as a viable affordable housing option for very low and low (together “lower”) income persons and help the City meet Housing Element and state law objectives to provide a variety of housing types for all income levels. 2. Managed Living Units are considered dwelling units. They are subject to the minimum and maximum densities set forth herein and all other limitations applicable to residential use. They are also subject to Growth Management requirements. 3. Convenient proximity to transit and commercial services is important. Location and Development Criteria 1. Within managed living unit projects, all units shall have a floor area of at least 150 square feet and no more than 350 square feet with a maximum of two persons per unit. 2. For California Building Code compliance, the minimum floor area for a unit occupied by one person shall be 150 square feet. For a unit occupied by two persons, the minimum floor area shall be 220 square feet. 3. Managed living unit projects shall comply with the Americans with Disabilities Act and the California Building Code as applicable. Exhibit “A” July 3, 2012 3 4. Each unit shall contain a partial kitchen with microwave, refrigerator, sink with garbage disposal, and countertop. 5. Each unit shall contain a private toilet in an enclosed compartment with a door. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities should be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility should be on the same floor as the units it is intended to serve and should be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door. 6. Each unit shall have adequate and designated storage, including a clothes closet within the unit. 7. Common trash and recycling facilities convenient for tenants shall be provided. 8. Common laundry facilities shall be provided with a minimum one washer and one dryer for every 25 units or fraction thereof. 9. Interior common areas, useful and convenient for tenants, shall be provided. The amount of interior common areas shall be no less than 20 square feet per unit with at least 200 square feet per project. Common areas exclude hallways and walkways, stairs, entry lobbies, and utility areas for laundry and trash/recycling. 10. Managed living unit projects of at least 16 units shall include a manager’s unit not subject to any floor area limitations. The manager’s unit shall have designated parking, a full bathroom, kitchen with stove, and laundry facilities. 11. One secured and covered bicycle space shall be provided for each of the first 10 units. Thereafter, one secured and covered bicycle space shall be provided for every 10 units or fraction thereof, excluding the manager’s unit. 12. A management plan shall be submitted for review by the city along with the submittal for the Village Review Permit and must be approved by the city prior to occupancy. A management plan typically includes the following items although additional or other items may also be required: a. Management policies and operational procedures; b. A security program for the building and all internal areas, parking areas, and grounds. The security program shall feature a comprehensive video monitoring system and secured entrances and exits; c. Tenant selection procedures to ensure fair and equal access to housing; d. Tenant rights; e. Tenant and guest rules and regulations; f. Rental rate policy regarding rent levels, collection of rent and rent increases g. Security deposit policy and procedure; h. Maintenance plans, including custodial care, for the building, parking areas, and grounds; i. Emergency procedures. Findings – In order for this use to receive a Village Review Permit, it shall be consistent with the following findings: 1. The project supports the goals and objectives of the Village Master Plan and Design Manual. Exhibit “A” July 3, 2012 4 2. The project is located such that occupants may conveniently walk to and from commercial services and public transit. 3. The use is not likely to create noise, parking, security, loitering or other adverse health or safety impacts. 4. The use will not result in an undue reduction of livability for any adjacent residents. 5. An adequate management plan will ensure ongoing compatibility of the managed living unit project with its surroundings. 6. To the extent feasible, the project helps the City meet Housing Element and state law objectives to provide a variety of housing for persons of all income levels, with an emphasis on housing for lower income individuals. III. Changes to Chapter 6, Parking Program – The parking requirements table is amended by the addition of the following use and parking standard. Village Parking Requirement Tables Managed living unit project One parking space shall be provided for each unit, one space for the manager’s unit, and one space for each full-time employee at maximum shift. A reduction of up to ½ parking space per unit may be realized through the Village Review Permit process upon successful demonstration by the applicant that such reduction is warranted and maintains adequate parking.