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Home My WebLink About1994-04-26; City Council; NS-274; CMC 21 amends - Senior citizen housing...1 2 3 4 5 6 I I I I 7 11 @ 0 ORDINANCE NO. NS-274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REPLACE THE CONDITIONAL USE PERMIT REQUIREMENT FOR SENIOR CITIZEN HOUSING WITH A SITE DEVELOPMENT PLAN REQUIREMENT AND TO REVISE OTHER REQUIREMENTS FOR SENIOR CITIZEN HOUSING. CASE NAME: SENIOR CITIZEN HOUSING CASE NO: ZCA 93-05 WHEREAS, the California Government Code Section 8 9 permits a developer of a residential project of five (5) or units on a specific site to request that the project be gran 10 11 12 n mu? a" m> <a8 owg $Zob 13 2055 14 =ILL, ntsg 5 82" 0 15 ~>m< 8H:X 16 >JZ zucn w3 c-"% 17 aod 00 - density bonus and other incentive or concession, or equiv incentives and concessions for the purpose of providing affor, housing for very low-income or low-income households or qualifying (senior) residents; and WHEREAS, the existing City of Carlsbad zone contains standards for the development of senior citizen ho projects through Conditional Use Permit; and I I ~ WHEREAS, the existing City of Carlsbad zone 18 19 20 provisions for senior citizen housing are not in conformance California Government Code Section 65915; and WHEREAS, the existing City of Carlsbad zone 21 11 provisions for Senior Citizen Housing are not in conformance 22 I/ Chapter 21.85 of the Carlsbad Municipal Code (City's Inclusi 23 //Housing Ordinance) and City Council Policy No. 43; and 24 ll WHEREAS, it is a program of the Housing Element o 25 11 City's General Plan to amend the City's current Senior Ci 26 11 housing regulations to conform to the provisions of Gover 27 //Code Section 65915 and to establish standards for loca 28 parking, safety, recreational facilities, medical care and j/ 1 9m 22 ~wZ itLC3 ow: $055 dt5K aCS2 OZJ? “K50 00s LOU7 a01 00 4g$ goo2 tJZ zwcn zz5 - a 0 1 I/ aspects of senior oriented housing, 2 I! The City Council of the City of Carlsbad, California do 3 ordain as follows: 4 SECTION 1: That Title 21, Chapter 21.18 I secti 5 21.18.045, of the Carlsbad Municipal Code is repealed a 6 reenacted to read as follows: 7 21.18.045. Senior Citizen Housinq by Site Developmc - Plan. 8 (a) This section is intended to provide a mechanism E standards for the development of rental or for-sale housj 9 available to senior citizens. (b) The city may approve a Site Development Plan j 10 privately developed senior citizen housing on property in the I zone where the general plan applica.ble to such property permj 11 residential uses. The provisions of this section shall apply such permits. following requirements: 13 common transportation service for residents is provided i 18 within two to three blocks of a bus or transit stop unlesf (B) The proposed project should be local 17 daily access tho these services; and citizens; or have its own private shuttle bus which will prov: 16 professional, social and community services patronized by sen: close proximity to a wide range of commercial reta: 15 (A) The proposed project should be located locational guidelines: 14 reasonably possible, be located consistent with the followi (1) Senior housing projects should, whene7 maintained; and a topographically level area; and project at the proposed location should not be detrimental 21 public health, safety and general welfare. (2) As used in this section, Ithousing for sen 22 citizens1’ means housing: (A) Provided under any state or fede 23 program that the Secretary of Housing and Urban Developm determines is specifically designed and operatedto assist elde 24 persons as defined in the state or federal program; or 25 persons sixty-two years of age or older; or 26 least one person fifty-five years of age or older per unit if following factors are shown: 27 (i) The existence of signific facilities and services specifically designed to meet the physi 28 or social needs of older persons, or if the provision of s facilities and services is not practicable, it must be shown t 12 (c) Senior Citizen Housing projects shall meet t 19 (D) Development of a senior citizen hous 20 (C-) The proposed project should be located (B) Intended for, and solely occupied (C) Intended and operated for occupancy by I1 2 ll I( 0 0 Dm I?z OU$j dU, et5 SUE & $E32 on2 9 I Q- S&$< oz-lo. “U9D E:: pz 0 QOJ 50 1 such housing is necessary to provide important housil opportunities for older persons, and units are occupied by or reserved for occupancy by at least 0’ 3 person fifty-five years of age or older per unit, and to, policies and procedures which demonstrate an intent by t 4 (iii) The publication of, and adheren older persons include, but are not limited to, social a specifically designed to meet the physical or social needs 6 Significant facilities and servic of age or older. 5 owner or manager to provide housing for persons fifty-five yea be laid out at either a thirty (30) , forty-five (45) or sixty ( 20 (A) Whenever possible, parking spaces shc subject to the following conditions: 19 shall be provided pursuant to Section 21.44.020(a)(9) and (4) Parking for a senior citizen housing proj 18 Title; additional incentive granted pursuant to Chapter 21.86 of t 17 the underlying zone, except those which may be modified as required to comply with all applicable development standards 16 (A) All senior citizen housing projects ( the following development standards: 15 (3) A senior citizen housing project shall obse: restricted dwelling unit as a permitted resident. 14 entitled to continue his or her occupancy, residency or use of . defined by Section 51.3 of the California Civil Code, shall 13 the qualifying resident, any qualified permanent resident, marriage, or upon hospitalization or other prolonged absence 12 this subsection. 11 need not have all of these features to meet these requirements services and facilities available to them. The housing facili 10 and services designed to encourage and assist residents to use t facilities, transportation to facilitate access to socialservic 9 and preventative health care programs, congregate dini referral services, and accessible physical environment, emerger 8 counseling, recreational, homemaker, outside maintenance a recreational programs, continuing education, information a 7 2 (ii) That at least eighty percent of tl (Dl Upon the death or dissolution degree angle; available to the tenants of the project at no fee; observe the following design criteria: 23 (A) To the maximum extent feasil architectural harmony, through the use of appropriate builc 24 height, materials, bulk and scale, within the development within the existing neighborhood and community shall be obtain1 25 (B) The building(s) shall be finished on sides with similar roof and wall materials, colors, 26 architectural accent features; housing project. Washers and dryers may be coin operated; washer and one dryer shall be provided in every senior cit 28 25 dwelling units or fractional number thereof. At least separate room at the ratio of one washer and one dryer for e 27 (C) Laundry facilities must be provided 21 (5) The senior citizen housing project SI 22 (Bl Required parking spaces shall i/ 3 Dm a> SllJ%j &E& aDZ ow: 2055 d->o E42 nC%o E:? E:% ALL, 2;s: "OLL ZWCn" 0Z-l - U.0-J - 0" 0 0 1 (D) Common areas shall be provided in t senior citizen housing project. The common areas that a 2 provided shall be designed to make these areas useful a (E) All projects are required to comply w 18 (D) Peepholes in entry doors; and slip resistant; 17 (C) Tub or shower bottom surfaces shall with temperature regulating devices; 16 (B) Tubs and/or showers shall be equip] grab bar; 15 (A) Tubs shall be equipped with at least ( projects shall observe the following requirements: ' 14 (6) Dwelling units in senior citizen housj include elevators; 13 (F) Al1,buildings exceeding two stories shz maintenance problems; 12 number of the project owner or of f-site manager for emergencies which do not have an on-site manager shall provide a posted phc 11 designated on all plans. All senior citizen housing projec the manager's unit shall be a complete dwelling unit and 10 included in every senior citizen housing project. If providc floor ; recreation/community-social room shall be located on the grot 8 provided. Unless the building is serviced by an elevator, t space. Adjacent toilet facilities for men and women shall 7 appropriately reduced if it is located adjacent to usable outdc The size of the recreation/comunity-social room may 6 stairwells and any balconies of less than forty (40) square fee square feet per dwelling unit. Common space excludes a 5 each senior housing project shall be no less than twenty (2 reading/TV rooms. The total amount of common area required 4 common cooking and dining facility, passive open space, a are not limited to the following: a recreation social room, 3 functional for residents. Examples of common areas include b Title 24 of the State Building Code (Disabled Access Regulation; the requirements of the applicable building and housing codes return for his agreement to develop and operate the senior citi 21 housing project in accordance with this section and Chapter 21 (Residential Density Bonus), the final decision making 22 authority shall allow an increase in the number of dwelling un permitted per acre (density) subject to the following conditio 23 (A) A minimum increase of twenty-five perc (25%) over the Growth Control Point of the applicable General E 24 designation or the otherwise maximum allowable resident dwelling unit density as specified by the applicable master r 25 or specific plan, at the time of application, consistent u Section 21.86 of this Title. 26 (B) All senior citizen housing proje requesting a residential density bonus shall comply with 27 requirements of Chapter 21.86 of this Title. 28 constructed pursuant to this section and/or requesting residential density bonus pursuant to Chapter 21.86, shall 9 (E) A manager" s unit is recommended to 19 (7) Upon written request by an applicant, and 20 (F-) All senior citizen units must conform (C) Any senior citizen housing pro: 4 ll e 0 1 2 3 4 5 6 7 8 9 10 11 required to comply with the inclusionary requirements f residential developments in Chapter 21.85 of this Title. Not le than fifteen percent (15%) of all approved units in any Seni Citizen Housing project shall be set aside for occupancy by a shall be affordable to lower-income households. (d) Application submittal and review is as follows: (1) Preliminary application: A developer of senior citizen housing project shall submit a prelimina application prior to the submittal of a formal request f approval. The preliminary application shall include the followi information: (A) A brief description of the propos including the total number of senior units, density bonus unj and affordable senior units proposed; (B) The zoning, General Plan designations z assessors parcel number(s) of the project site; (C) A site plan, drawn to scale, wh: includes: building footprints, driveway and parking lay01 building elevations, existing contours and proposed grading; i (D) A letter identifying what speci: incentives (i.e * density bonus, standards modifications, financial incentlves) are being requested of the City. -. , 12 Qm SuJ? Within 30 days of receipt of the preliminary applicat. m> &E& by the Planning Department, the Department shall provide to an8 l3 aoa4 a>iz staff , and the incentives or assistance that the Planning Direc -1 -1uu o w 3 14 applicant, a letter identifying project issues of concern processed along with all otherwise required project application ZWmO (2) Application: The Site Development Plan (S 9 *a- atma can support when making a recommendation to the final decis standards or other additional incentives. If the applicat 18 and no additional hearings or approvals shall be required, exc 17 Ut58 OoL 15 making authority. BI$j 16 application for a senior citizen housing project shall Egii cy$ - action by the Planning Commission on the application shall 19 as provided herein with regard to the modification of exist 40-1 0 involves a request for direct financial incentives, then advisory only, and the City Council shall have the authority 20 make the final decision on the application. (3) Submittal: 21 (A) The completed application for a se1 citizen housing project requesting a density bonus, modifical 22 of development standards or other additional incentives SI (i) A legal description of the total z 23 include the following information: (iv) A detailed vicinity map showing plans) per the City's application submittal requirements; 28 plans (i.e.; a landscape plan, building elevations and f (iii) Site plans and other suppor 27 additional incentives); density bonus, modification of development standards, or o 26 65915 and stating what is being requested from the City, ( stating how the project will comply with Government Code Secl 25 (ii) A letter signed by the present 01 ownership and present and proposed zoning; 24 proposed for development including a statement of pre: I1 5 ll e 0 !I 1 project location and such details as the nearest market, transi 3 citizens: related uses and services likely to be patronized by senic 2 stop, park or recreation center, medical facilities or othc necessary to make the project economically feasible. standards modification and/or other requested incentive j 8 pro-forma for the proposed project to demonstrate that tk incentives, The applicant shall be required to submit a projec 7 modification of development standards or other additionz 6 (vii) A monitoring and maintenance plar floor showing any common areas and accommodations and; 5 (vi) A set of first floor plan or othc with dimensions of doorways, hallways, closets, and cabinets; 4 different type of unit indicating a typically furnished apartment (v) A set of floor plans for eac At the time of plan submittal fc building permits, the applicant shall submit a set of detail4 drawings for kitchens and bathrooms indicating counter and cabinc lo heights and depth; type of pulls, faucets, grab-bars; tub and/( 11 shower dimensions, and handicapped turn space where appropriatt (4) Review: The Planning Director shall evalual the request and make findings and recommendations based upon tl (B) In the case of a request for 9 (C) D l2 achieve the City's senior and affordable housing goals as st Krr& l3 (A) The senior citizen housing project hell SW? following criteria: 52 5UU oug 14 forth in the Housing Element of the General Plan; I $035 Ed: (B) The density bonus and/or addition: u-> pDs incentive (s) must be necessary to make the project economical: oz-lo (C) The senior citizen housing project sha: E:? l6 not result in density or design that is incompatible with otht QOJ land uses in the immediate vicinity; >C% 17 60 (Dl The senior citizen housing projec 60,0 6CSz l5 zwo) feasible; KKSD complies with the general plan, zoning and development policies ( l8 the City of Carlsbad. projects shall be given priority in processing. l9 (5) Processing: All senior citizen housil Conditions: 2o (e) Monitoring and Enforcement of Site Development P1 26 25 federal laws prohibiting age discrimination in housing. 24 (f) This section is intended to comply with state a: Housing and Redevelopment Department. 23 updated list of all project tenants, and their age to the City 22 projects shall be required to submit, on an annual basis, I of this chapter, all applicants/owners of Senior Citizen Housi: 21 (1) To assure compliance with the age requireme: SECTION 11: That Title 21, Chapter 21.16 of the Carlsbad Municipal Code is amended by the amendment 1.16.016 t 27 read as follows: ll 28 6 ll 0 0 1 2 3 4 5 6 7 8 9 10 gf21.16.016. Senior Citizen Housins by Site Developme Plan. Senior citizen housing may be permitted by si development plan issued according to the provisions of Secti 21.18.045 of this title. The development standards of this zc shall apply. U SECTION 111: That Title 21, Chapter 21.20 of t Carlsbad Municipal Code is amended by the amendment of secti 21.20.025 to read as follows: v121.20.025. Senior Citizen Housins by Site DeveloDmc Plan. Senior citizen housing may be permitted by si development plan issued according to the provisions of Secti 21.18.045 of this title. The development standards of this zc shall apply. I! 11 SECTION IV: That Title 21, Chapter 21.22 of t 12 Carlsbad Municipal Code is amended by amendment of secti - U $24 !?$z 13 an8 Ow8 iU, aoaa 14 nook 15 <;sz 2:::- 0 16 !=:; ;g;g zwo 40-1 zzs - 17 0 21.22.015 to read as follows: wg21.22.015. Senior Citizen Housinq bv Site DeveloDmG Plan. Senior citizen housing may be permitted by si development plan issued according to the provisions of Secti 21.18.045 of this title. The development standards of this zc shall apply. It SECTION V: That Title 21, Chapter 21.24 of the Carlsk l8 // Municipal Code is amended by the amendment of section 21.24.025 l9 11 read as follows: 2o I/ Il21.24.025. Senior Citizen Housins by Site Developmc 21 Plan. 21.18.045 of this title. The development standards of this zc development plan issued according to the provisions of Sectj 22 Senior citizen housing may be permitted by si 23 shall apply.@' 24 SECTION VI : That Title 21, Chapter 21.44 of t 25 Carlsbad Municipal Code is amended by the amendment of Subsectj 26 21.44.020(a) (9) to read as follows: 27 "(9) Senior Citizen Housing Projects - Minimum c space per every two units, plus one space for an on-site managt 28 unit (when provided) and one guest parking space, subject approval of a site development plan." ll 7 . II 1 2 3 4 5 6 7 8 9 10 11 2m mwg Yr i:;m 2055 “->o .Ed$ ovoLL zwm$ rrrr56 czs %E$ <<si 0Z-r F:; 40-1 GO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e EFFECTIVE DATE: This ordinance shall be effecti thirty days after its adoption, and the City Clerk shall certi to the adoption of this ordinance and cause it to be published least once in a paper of general circulation in the city with fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of t Carlsbad City Council on the 19th day of APRIL 1994, and thereafter PASSED AND ADOPTED at a regular meeting of the Cj Council of the City of Carlsbad on the 26th day of APRIL 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, and Finnila NOES: None ABSENT: Council Member Nygaard AL VED AS TO FORM AND LEGALITY fLL RONALD R. BALL, Ci ATTEST: Z, City Clerk ant City Clerk 8