HomeMy WebLinkAbout1976-05-04; City Council; 9455; CMC 21 amends - Residential/professional care facilities zoning regs.
"21.04.145 Family. "Family" means an individual, or two or
nore persons related by blood or marriage, or a group of not more ;han four persons who are not related by blood or marriage, living zogether in a dwelling unit.
facility" means a facility in which food, shelter, and some form of professional service is provided such as nursing, medical, Iietary, exercising or other medically recommended programs. ?ot included in this definition are 'hospitals' and 'mental iospitals' .
21.04.295 Professional care facility. "Professional care
21.04.300 Residential care facility. "Residential care Eacility" means a State authorized, certified or liscensed family zare home, foster home or group home serving mentally disordered Dr otherwise handicapped persons or dependent and neglected zhildren where care is provided on a twenty-four hour a day basis."
SECTION 2: Title 21, Chapter 21.08 of the Carlsbad Municipal
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ORDINANCE NO. 9455
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGULATIONS REGARDING RESIDENTIAL AND PROFESSIONAL CARE FACILITIES.
The City Council of the City of Carlsbad, California, does
xdain as follows:
SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Municipal
:ode is amended by the amendment of Sections 21.04.145, 21.04.295
md 21.04.300 to read as follows:
:ode is amended by adding Section 21.08.015 to read as follows:
"21.08.015 Uses and structures permitted by conditional
use permit.
residential care facilities for six or less persons are permitted
by conditional use permit.''
Subject to the provisions of Chapters 21.42 and 21-50,
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SECTION 3: Title 21, Chapter 21.10 of the Carlsbad Municipal
Code is amended by the amendment of Section 21.10.010 to delete
Subsection(5), renumbering the balance, and by the'addition of
Section 21.10.015 to read as follows:
"21.10.015 Uses and structures permitted by conditional use permit.
residential care facilities for six or less persons are permitted
by conditional use permit. I'
Subject to the provisions of Chapters 21.42 and 21.50,
SECTION 4: Title 21, Chapter 21.16 of the Carlsbad Municipal
Code is amended by the amendment of Section 21.16.010 to delete
Subsection(5), renumbering the balance accordingly and by the
addition of Section 21.16.015 to read as follows:
"21.16.015 Uses and structures permitted by conditional use
permit. Subject to theprovisions of Chapters 21.42 and 21.50 the
following uses and structures are permitted by conditional use
permit : (1) Residential care facilities; (2) Professional care facilities."
SECTION 5: Title 21, Chapter 21.24 of the Carlsbad Municipal
Code is amended by the amendment of Section 21.24.020 to read as
follows:
"21.24.020 Uses and structures permitted by conditional use
permit, Subject to the provisions of Chapters 21.42 and 21.50
the following uses and structures are permitted by conditional use permit:
(1) Motels or hotels; (2) Residential care facilities;
(3) Professional care facilities;
(4)
(5)
Public and private commercial parking lots and parking
structures ;
Child care nurseries if a single play lot not less than six hundred square feet in area, plus an additional
seventy-five square feet of area for each child in
excess of nine, is provided on the lot or adjacent to
the premises. Such play lot shall not be located in
any required front or side yard."
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Code
SECTION 6: Title 21, Chapter 21.28 of the Carlsbad Municipal
s amended -y the amendment of Section 21.28.015 to read as
follows:
"21.28.015 Uses and structures permitted by conditional use
permit. Subject to the provisions of Chapters 21.42 and 21.50
the following uses and structures are permitted by conditional
use permit:
(1) Residential uses located above the ground floor of a
multi-storied building when one or more of the uses permitted by Section 21.28.010 is located on the ground
floor of such building)
on any floor as approved by the conditional use permit;
(2) Residential care facilities. These facilities may be
(3) Professional care facilities. I'
SECTION 7: Title 21, Chapter 21.30, Section 21.30.010 of
the Carlsbad Municipal Code is amended by the amendment of Sub-
section (1) to read as follows:
"(1) Any use permitted in the C zones except:
(A) Hotels, motels and auto courts;
(B) Hospitals (industrial emergency hospitals are
(C) Residential care facilities; (D) Professional care facilities;
(E) Private clubs, fraternities, sororities and lodges
excepting those the chief activity of which is a
service customarily carried on as a business;
(F) Institutions of a philanthropic or eleemosynary
nature, including correctional and mental."
permitted) ;
SECTION 8: Title 21, Chapter 21.42, Section 21.42.010 of
the Carlsbad Municipal Code is amended by adding Subsections (8)
and (9) to read as follows:
''(8) R-A, R-1, R-2, R-3, R-P, RD-M and P-C zones:
(A) Residential care facilities containing beds for
six or less persons under care provided the follow
ing conditions are met:
(a) The facility shall meet all requirements for
the approval of such use imposed by the City
Building Official and the Fire Marshal.
provided enclosing a recreation area of at (b) A fenced outdoor recreation area shall be
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least two hundred square feet for each person
under care. Said area shall not be located
within the required front or side yards.
of at least two hundred twenty square
feet, plus one hundred square feet for each
person under care over two, shall be provided.
feet of area in a sleeping room for each
person under care.
(e) A ten foot paved access from the street to
the structure shall be provided.
(f) Additional parking up to two additional spaces may be required if necessary.
(9) All residents of the residential care facility must live in the same dwelling unit. (h) A residential care facility may not be located within five hundred feet of another such
facility.
(i) Not more than one residential care facility
may be located on one lot.
(j) The Planning Commission or the City Council on an appeal may modify any of the above standards, if it is found that such modifi-
cation will not be detrimental to the health
and safety of the residents.
(c) An interior recreational area or living room
(d) There shall be a minimum of seventy square
(9) R-3, R-P, RD-M, C-2, and P-C zones only:
(A) Residential care facilities subject to the con- ditions of Subsection (8) and the following: (a) If over six persons under care are in
residence, the building shall meet the
approval for such use by the City Building
Official and Fire Marshal as a Group "D"
Occupancy, Division 2.
21.44.130.
ing conditions are met.
(a) The facility shall meet the approval for such
(b) Off-street parking as required in Section
(B) Professional care facilities providing the follow-
use by the City Building Official and Fire
Marshal as a Group "D" Occupancy, Division 2
and 3.
21.44.130.
door recreation area not part of the re-
quired front or side yards for each person
under care.
recreation area for each person under care."
(b) Off-street parking as required in Section
(c) A minimum of one hundred square feet of out-
(d) A minimum of fifty square feet of indoor
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SECTION 9: Title 21, Chapter 21.44, Section 21.44.130
of the Carlsbad Municipal Code is amended by the amendment of
Subsection (24) to read as follows:
"(24) USE - Residential care facility and professional care
facility
spaces. More than six beds: two parking spaces, plus one space
for each three beds."
PARKING SPACES REQUIRED - Six or less beds: two parking
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 ieadoption,
an ad'ourned INTRODUCED AND FIRST READ at / regular meeting of the
Carlsbad City Coun.ilil held on the 27th day of April , 1976,
and thereafter
PASSED AND ADOPTED at a regular meeting of said Council held
on the 4th day of May , 1976, by the following vote,
to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler
NOES : None
ABSENT: None 1 ROBERT C. FRAZEE, ayor
ATTEST: A
(SEAL) "
5.