HomeMy WebLinkAbout2014-02-19; Planning Commission; Resolution 7036
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE
AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO
ORDINANCE CS-191 TO REMOVE TEXT THAT SPECIFIES THE NUMBER OF
PERSONS ALLOWED PER TRANSITIONAL AND SUPPORTIVE HOUSING
UNIT; AMEND THE TRANSITIONAL AND SUPPORTIVE HOUSING
DEFINITIONS TO STATE THEY ARE RESIDENTIAL USES SUBJECT TO ONLY
THOSE RESTRICTIONS THAT APPLY TO OTHER RESIDENTIAL USES OF THE
SAME TYPE IN THE SAME ZONE; AND MAKE OTHER RELATED, MINOR
CHANGES.
CASE NAME: TRANSITIONAL AND SUPPORTIVE HOUSING
CASE NO: ZCA 11-07(A)/LCPA 11-08(A)
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 and to all zones that permit
residential uses to address transitional and supportive housing as specified in Program 3.15 of the
2005-2010 (extended through 2013) City of Carlsbad Housing Element; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations
Title 14, Division 5.5; and
WHEREAS, the proposed Zone Code Amendment and Local Coastal Program
Amendment are set forth in the draft City Council Ordinance, Exhibit “X” dated February 19, 2014, and
attached hereto TRANSITIONAL AND SUPPORTIVE HOUSING – ZCA 11-07(A)/LCPA 11-08(A); and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program; 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
PLANNING COMMISSION RESOLUTION NO. 7036
PC RESO NO. 7036 -2-
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WHEREAS, the Planning Commission did on February 19, 2014, hold a duly noticed
public hearing as prescribed by law to consider said request for a proposed Zone Code Amendment and
Local Coastal Program Amendment; 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 and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on January 6, 2014 and ending on February 14, 2014, 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 TRANSITIONAL AND SUPPORTIVE HOUSING – ZCA 11-
07(A)/LCPA 11-08(A), based on the following findings:
Findings:
1. That the proposed Zone Code Amendment ZCA 11-07(A) is consistent with the General Plan in
that it implements:
a. Land Use Element Overall Land Use Pattern Objective B.3, which states Carlsbad is “to
provide for the social and economic needs of the community in conjunction with
permitted land uses.”
b. Land Use Element Residential Goal A.1, which states Carlsbad is to provide “for a variety
of housing types and density ranges to meet the diverse economic and social
requirements of residents…”
c. 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.”
d. 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 transitional and
supportive housing subject to only those restrictions that apply to other residential uses of the
same type in the same zone, ZCA 11-07(A) implements Government Code Section 65583 (c)(2);
this section requires cities to remove governmental constraints to facilitate and encourage
development of a variety of housing for all income levels, including transitional and
supportive housing.
. . .
PC RESO NO. 7036 -3-
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3. That the proposed ZCA reflects sound principles of good planning in that it:
a. Provides clear definitions for transitional and supportive housing; and
b. Amends the “permitted uses” table of each zone so it is clear that transitional and
supportive housing are permitted in all residential zones.
4. That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the
Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment
ensures consistency with the Carlsbad Zoning Ordinance, and does not conflict with any
coastal zone regulations, land use designations or policies with which development must
comply. Furthermore, the proposed amendment does not otherwise exempt development
from the requirements of a Coastal Development Permit or from demonstrating consistency
with the city’s certified Local Coastal Program.
5. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into
consistency with the proposed Zone Code Amendment (ZCA 11-07(A)).
6. The Planning Commission has determined that:
a. The project is a subsequent activity of the 2005-2010 Housing Element (extended through
2013), 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 (extended through 2013)
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on February 19, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher,
Scully, Segall and Siekmann
fls~:L 8~
N JLBLACK, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7036 -4-
Exhibit “X”
February 19, 2014
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO
ORDINANCE CS-191 TO REMOVE TEXT THAT SPECIFIES THE
NUMBER OF PERSONS ALLOWED PER TRANSITIONAL AND
SUPPORTIVE HOUSING UNIT; AMEND THE TRANSITIONAL AND
SUPPORTIVE HOUSING DEFINITIONS TO STATE THEY ARE
RESIDENTIAL USES SUBJECT TO ONLY THOSE RESTRICTIONS THAT
APPLY TO OTHER RESIDENTIAL USES OF THE SAME TYPE IN THE
SAME ZONE; AND MAKE OTHER RELATED, MINOR CHANGES.
CASE NAME: TRANSITIONAL AND SUPPORTIVE HOUSING
CASE NO.: ZCA 11-07(A)
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: 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. Supportive housing is a residential use and is subject to only
those restrictions that apply to other residential uses of the same type in the same zone.
SECTION II: 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. Transitional housing is a residential use and is subject to only those restrictions that
apply to other residential uses of the same type in the same zone.
SECTION III: 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:
ORDINANCE NO.
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Use P CUP Acc
Supportive housing (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION IV: 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 (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION V: 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 (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION VI: 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 (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION VII: 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 (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
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SECTION VIII: 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
Supportive housing (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION IX: 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
Supportive housing (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION X: 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 (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION XI: 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 (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
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SECTION XII: 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 (serving six or fewer
persons), supportive housing and transitional housing.
SECTION XIII: 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 (serving six or fewer
persons), supportive housing and transitional housing.
SECTION XIV: 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 (serving six or fewer
persons), supportive housing and transitional housing.
SECTION XV: 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
Supportive housing (defined: Section 21.04.355.1) X
Transitional housing (defined: Section 21.04.362) X
SECTION XVI: That Section 21.42.140 B. 125 is amended to read as follows:
125. Residential Care Facilities (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
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3. Lighting
4. Location and screening of parking, service, and other outdoor areas
5. Security
6. Loitering
SECTION XVII: That Table A in Section 21.44.020 (Number of Off-street Parking
Spaces Required) is amended by deleting “supportive housing (serving more than six persons)”
and “transitional housing (serving more than six persons)” from the list of “Residential Uses.”
SECTION XVIII: 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
(Parking Space and Areas) of Section 21.44.050 A. 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, etc.)
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.
SECTION XIX: That the findings of the Planning Commission in Planning
Commission Resolution No. 7036 shall constitute the findings of the City Council.
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 2014, 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 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk