HomeMy WebLinkAbout2003-06-10; City Council; NS-662; Housing for Senior Citizens Ordinance Amendment...1
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ORDINANCE NO. NS-662
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING THE LOCAL COASTAL
PROGRAM AND TITLE 21 OF THE MUNICIPAL CODE BY
REPEALING THE REGULATIONS FOR SENIOR CITIZEN
HOUSING IN SECTION 21 A8.045; ADDING CHAPTER 21.84 TO
PROVIDE REGULATIONS FOR HOUSING FOR SENIOR
CITIZENS THAT ARE CONSTRUED IN ACCORDANCE WITH
CALIFORNIA CIVIL CODE SECTIONS 51.2, 51.3 AND 51.4, THE
FEDERAL FAIR HOUSING ACT, AND THE FEDERAL CODE OF
REGULATIONS TITLE 24 SECTIONS 100.300 TO 100.308;
AMENDING VARIOUS SECTIONS OF TITLE 21 OF THE
MUNICIPAL CODE TO REFERENCE CHAPTER 21.84;
AMENDING THE PLANNED DEVELOPMENT REGULATIONS IN
CHAPTER 21.45 TO SPECIFY WHAT REGULATIONS ARE OR
ARE NOT APPLICABLE TO HOUSING FOR SENIOR CITIZENS;
AMENDING SECTION 21.44.020(a)(9) OF THE PARKING
REGULATIONS TO INCREASE THE PARKING REQUIREMENT
FOR HOUSING FOR SENIOR CITIZENS; AND AMENDING
OTHER VARIOUS REGULATIONS RELATING TO HOUSING
FOR SENIOR CITIZENS FOR CLARIFICATION AND
CONSISTENCY.
CASE NAME: HOUSING FOR SENIOR CITIZENS
ORDINANCE AMENDMENT
CASE NO.: ZCA 02-04 and LCPA 02-08
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Section 21.16.016 of the Carlsbad Municipal Code is amended
to read as follows:
21.16.01 6 Housing for senior citizens by site development plan.
Housing for senior citizens may be permitted by site development plan issued
according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
SECTION 2: That Section 21.18.045 of the Carlsbad Municipal Code is amended
to read as follows:
21.18.045 Housing for senior citizens by site development plan.
Housing for senior citizens may be permitted by site development plan issued
according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
SECTION 3: That Section 21.20.025 of the Carlsbad Municipal Code is amended
to read as follows:
Ordinance No. NS-662 Page 1 of 13
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21.20.025 Housing for senior citizens by site development plan.
Housing for senior citizens may be permitted by site development plan issued
according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
SECTION 4: That Section 21.22.015 of the Carlsbad Municipal Code is amended
to read as follows:
21.22.015 Housing for senior citizens by site development plan. Housing for senior citizens may be permitted by site development plan issued
according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
SECTION 5: That Section 21.24.025 of the Carlsbad Municipal Code is amended
to read as follows:
21.24.025 Housing for senior citizens by site development plan.
Housing for senior citizens may be permitted by site development plan issued
according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
SECTION 6: That Section 21.44.020(a)(9) of the Carlsbad Municipal Code is
amended to read as follows:
(9) Housing for Senior Citizens - Minimum 1.5 covered spaces per every
unit, plus 1 covered space for an onsite manager's unit (when provided) and 1 guest parking
space per every 5 units, subject to approval of a site development plan.
SECTION 7: That Section 21.45.030 of the Carlsbad Municipal Code is amended
to read as follows:
E.
F.
"Housing for senior citizens" is defined as specified in Section 21.84.020
of this code.
"Net pad area" means the building pad of a lot excluding all natural or
manufactured slopes greater than three feet in height except intervening manufactured slopes
between split-level pads on a single lot.
G. "Planned development" means a form of development usually
characterized by a unified site design for a number of housing units, clustering buildings and
providing common open space, recreation and streets.
"Twin-home" means two homes attached by a common wall where each
home and lot or exclusive use area has separate ownership.
H.
SECTION 8: That Section 21.45.040 of the Carlsbad Municipal Code is amended
to read as follows:
Ordinance No. NS-662 Page 2 of 13
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TABLE A
PERMITTED RESIDENTIAL USES
When the proje t site is contiguous to a higher intensity land use or an existing project of
comparable or higher density.
Only permitted when the proposed project site is contiguous to a lot or lots zoned R-3,
R-T, R-PI C-1, C-2, C-M or M, but in no case shall the project site consist of more than
one lot nor be more than ninety feet in width, whichever is less.
Permitted uses shall be consistent with the master plan.
Refer to Table F for specific uses.
“Housing for senior citizens” is not permitted in R-I and R-2 zones.
SECTION 9: That portions of Section 21.45.060 of the Carlsbad Municipal Code
are amended to read as follows:
Visitor
Parking
On
Private/
Public
Streets
Driveways
Community
Recreational
Space
1. 10 units or less: 1 space for each 2 units or fraction thereof.
2. I1 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 units
above 10.
3. Housing for senior citizens: 1 space for each 5 units.
4. In cases where a fractional parking space is required, the required number of
spaces shall be rounded to the nearest highest whole number.
1. Visitor parking may be provided: (1) along both sides of a minimum 34 foot
wide private/public street or (2) in perpendicular bays. When visitor parking is
provided on-street, not less than 24 lineal feet per space, exclusive of driveway
entrances and driveway aprons, shall be provided for each parking space,
except where parallel parking spaces are located immediately adjacent to
driveway aprons, then 20 lineal feet may be provided.
1. Visitor parking must be provided in parking bays.
All projects of more than 10 dwelling units shall provide 200 square feet of
centralized, community recreational space per unit. Projects with 25 or fewer
units shall provide passive or active recreation facilities; projects with more than
25 units shall provide both passive and active recreational facilities with a
minimum of 75 percent of the area allocated for active facilities. Projects of more
than 50 units shall provide recreation facilities for a variety of age groups.
Examples of recreation facilities include, but are not limited to, the following:
Active: Swimming pool with cabana, children’s playground equipment, spa,
tennis court, racquetball court, volleyball court, basketball court,
Ordinance No. NS-662 Page 3 of 13
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Resident Parking
Visitor Parking
7
1. One 12 feet x 20 feet car garage and 1 covered or uncovered
space per unit
2. Studio units - 1.5 spaces; 1 covered per unit
3. Housing for senior citizens: 1.5 covered spaces per unit, plus I
1. 10 units or less: 1 space for each 2 dwelling units or fraction
thereof.
covered space for an onsite manager's unit (when provided).
Parking I Area I
Storage
recreation rooms or buildings, horseshoe pits, pitch and putt, grassy play
areas a minimum of 100 feet by 100 feet and any other facility deemed
by the planning director to satisfy the intent of providing active
recreational facilities.
Passive: Benches, barbecues, community gardens, or grassy play areas with a
slope of less than 5%.
1. Credit for indoor recreation facilities shall not exceed 25% of the required
centralized community recreation area.
2. Required recreation areas shall not be located in any required front yard and
may not include any driveways, parking areas, walkways, storage areas, or
any slopes of 5% or greater.
3. For single-family or two-family projects of 50 units or more, at least 25 percent
of the common recreation space must be provided as pocket parks. Pocket
park lots must have a minimum width of 50 feet and be located at strategic
locations such as street intersections (especially "T-intersections") and where
open space vistas may be achieved.
Note: These community recreational space requirements shall not apply to
housing for senior citizens (refer to Chapter 21.84 of this code for common area
requirements for housing for senior citizens).
1 space for each 15 residential lots or fraction thereof for lots located more than
1,000 feet from a centralized community recreation center lot.
Note: Housing for senior citizens is not required to be provided with recreation
area parking.
1. Required for projects with 25 or more units.
2. 20 square feet per unit exclusive of area required for driveways and
approaches.
3. Developments located within master plans or residential specific plans may
have this requirement met by the common RV storage area provided by the
master plan or residential specific plan.
4. The storage of recreational vehicles shall be prohibited in the front yard
setback and on any public or private streets or any other area visible to the
public. A provision containing this restriction shall be included in the
covenants, conditions and restrictions for the project. All RV storage areas
shall be landscaped to screen vehicles to the maximum extent feasible.
Note: Housing for senior citizens is not required to be provided with recreational
vehicle storage. If no RV storage is provided for housing for senior citizens, the
CC&Rs for the project shall clearly specify that RV storage is not available.
SECTION IO: That portions of Section 21.45.080 of the Carlsbad Municipal Code
are amended to read as follows:
Ordinance No. NS-662 Page 4 of 13
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2. 11 units or more: 5 spaces for the first 10 units, plus 1 space for
3. Housing for senior citizens: 1 space for each 5 dwelling units.
4. Visitor parking spaces must be located no more than 150 ft. as
measured in a logical walking path from the entrance of the unit it
could be considered to serve.
each 4 dwelling units above IO.
5. Visitor parking must be provided in parking bays.
SECTION 11: That Section 21.86.020(21) of the Carlsbad Municipal Code is
amended to read as follows:
(21) “Qualifying resident” means a resident as defined in Chapter 21.84 of this
title and Section 51.2 of the California Civil Code.
SECTION 12: That Title 21 of the Carlsbad Municipal Code is amended by the
addition of Chapter 21.84 to read as follows:
Chapter 21.84
Housing for Senior Citizens
21.84.01 0 Title.
21.84.020 Purpose.
21.84.030 Definitions.
21.84.040 Use Table.
21.84.050 Location Guidelines.
21.84.060 Development Standards and Design Criteria.
21.84.070 lnclusionary Housing Requirements and Density Bonus Provisions.
21.84.080 Application Process.
21 -84.090 Findings for Approval.
21.84.100 Additional Requirements.
21.84.1 10 Monitoring and Reporting Requirements.
21.84.01 0 Title.
A.
Senior Citizens Ordinance of the City of Carlsbad.”
This chapter shall be known and may be cited and referred to as the “Housing for
21.84.020 Purpose.
A. The purpose of the housing for senior citizens regulations is to:
1. Recognize the housing needs of senior citizens;
2. Provide a mechanism and standards for the development of rental or for-
sale housing available to senior citizens;
3. Provide comprehensive standards and regulations to ensure housing is
designed to meet the special needs of senior citizens (Le., physical, social and economic
needs);
Facilitate the establishment of housing for senior citizens within certain
zones subject to the approval of a site development plan;
Comply with state and federal laws prohibiting age discrimination in
housing; and
4.
5.
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6. Provide standards and regulations for housing for senior citizens
construed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4, the Federal
Fair Housing Act, and the Federal Code of Regulations Title 24 Sections 100.300 to 100.308.
21 d4.030 Definitions.
For the purposes of this chapter, the terms used herein relating to the provision
of housing for senior citizens are defined as follows:
1. Cohabitant. “Cohabitant” refers to persons who live together as husband
and wife, or persons who are domestic partners within the meaning of Section 297 of the Family
Code.
2. Disabilitv. “Disability” means any mental or physical disability as defined
in Section 12926 of the Government Code.
3. Housins (Dwelling Unit). “Housing” or “dwelling unit” means any
residential accommodation (rental unit or for-sale unit) designed for occupancy by a senior
citizen or qualifying resident, and each unit having only one kitchen, excluding mobile homes in
a “senior citizen housing development”.
Housinq Communitv. “Housing community” means any dwelling or group
of dwelling units governed by a common set of rules, regulations or restrictions. A portion or
portions of a single building shall not constitute a housing community.
“Housing for senior citizens” means a
housing community:
provided under any State or Federal program that the Secretary of
Housing and Urban Development determines is specifically designed and operated to assist
senior citizens (as defined in the State or Federal program); or
intended for, and solely occupied by, persons 62 years of age or
older; or
intended and operated for occupancy by persons 55 years of age
or older, and where the housing facility is consistent with the definition of a “senior citizen
housing development.”
A.
4.
5. Housinq for Senior Citizens.
a.
b.
C.
6. Senior Citizen. “Senior citizen” means:
a.
b.
a person 62 years of age or older; or
a person 55 years of age or older in a “senior citizen housing
7. Senior Citizen Housing DeveloDment. “Senior citizen housing
a residential development developed, substantially rehabilitated,
i.
ii.
development.”
development” means:
or substantially renovated, for persons 55 years of age or older, that has:
a.
at least 35 dwelling units (rental or for-sale units); and
at least 80 percent of the occupied dwelling units occupied
B. The following definitions shall only apply to a “senior citizen housing
“Qualifying resident” means a person 55 years of
by at least one person who is 55 years of age or older.
development”:
age or older in a senior citizen housing development.
1.
2.
Qualifving Resident.
Qualified Permanent Resident. “Qualified permanent resident” means:
a. A person who meets both of the following requirements:
1. Was residing with the qualifying resident prior to the death,
hospitalization, or other prolonged absence of, or the dissolution of marriage with, the qualifying
resident; and
ii. Was 45 years of age or older, or was a spouse, cohabitant,
or person providing primary physical or economic support to the qualifying resident.
A disabled person or person with a disabling illness or injury who
is a child or grandchild of the qualifying resident or a qualified permanent resident, who needs to
b.
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Zone Housing for Senior Citizens
R-3 SDP
R-P SDP*
R-T SDP
R-W SDP
RD-M SDP **
** V-R
. P-c
Note: Housing for Senior Citizens is prohibited in those zones not
indicated.
live with the qualifying resident or qualified permanent resident because of the disabling
condition, illness or injury.
3. Permitted Health Care Resident. “Permitted health care resident” means
a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a
family member of the qualifying resident providing that care. The care provided by a permitted
health care resident must be substantial in nature and must provide either assistance with
necessary daily activities or medical treatment, or both.
21.84.040 Use Table.
development plan (SDP) in certain zones as indicated in the following table:
A. Housing for senior citizens is permitted subject to the approval of a site
21.84.050 Location Guidelines.
Housing for senior citizens should, whenever reasonably possible, be located
consistent with the following location guidelines:
1. The proposed project should be located in close proximity to a wide range
of commercial retail, professional, social and community services patronized by senior citizens;
or have its own private shuttle bus which will provide daily access to these services;
The proposed project should be located within a reasonable walking
distance of a bus or transit stop unless a common transportation service for residents is
provided and maintained;
The proposed project should be located in a topographically level area;
and
Development of housing for senior citizens at the proposed location
should not be detrimental to public health, safety and general welfare.
A.
2.
3.
4.
21.84.060 Development Standards and Design Criteria.
A. Housing for senior citizens shall comply with all applicable development
standards of the underlying zone, except those which may be modified herein or as an
additional incentive granted pursuant to Chapter 21.86 of this code.
In the coastal zone, any project processed pursuant to this chapter and Chapter
21.86 of this code shall be consistent with all certified local coastal program provisions, with the
exception of density.
B.
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C. Parking shall be provided as follows:
1. A minimum of 1.5 covered spaces per every unit, plus 1 covered space
for an onsite manager’s unit (when provided), and one guest parking space per every 5 units;
2. Whenever possible, parking spaces should be laid out at either a thirty,
forty-five or sixty degree angle; and
3. Required parking spaces shall be available to residents of the project at
no fee.
To the maximum extent feasible, architectural harmony, through the use of
appropriate building height, materials, bulk and scale within the development and within the
existing neighborhood and community shall be obtained.
The building(s) shall be finished on all sides with similar roof and wall materials,
colors and architectural accent features.
Laundry facilities must be provided in a separate room at the ratio of one washer
and one dryer for every twenty-five (25) dwelling units or fractional number thereof. At least one
washer and one dryer shall be provided in every project. Washers and dryers may be coin
operated.
G. A manager’s unit shall be provided in every housing project of 16 or more units
(rental projects only). The manager’s unit shall be a complete dwelling unit and so designated
on all plans.
Housing for senior citizens shall be designed to encourage social contact by
providing a minimum of one common room, which may include, but is not limited to, a
recreation/social room, a common dining facility or a readingm room. Common open space
shall also be provided, which may include, but is not limited to, community gardening areas or
open landscaped areas with walkways and seating. Common areas shall be designed to
ensure that they are useful and functional for residents, and shall comply with the following:
1. The minimum amount of common area required in each project shall be
no less than twenty (20) square feet per dwelling unit;
2. Common space excludes all stairwells and any balconies of less than
forty (40) square feet;
3. Unless the building is serviced by an elevator, common rooms shall be
located on the ground floor; and
4. Adjacent toilet facilities for men and women shall be provided.
I. In addition to the common areas described above, additional services and
programs are encouraged, but not required, to be included in all projects to meet the physical
and social needs of senior citizens. Such desirable services and programs may include, but are
not limited to, the following:
D.
E.
F.
H.
1. Social and recreational programs;
2. Continuing education, information and counseling services;
3. House cleaning/cooking
4. Inside/outside maintenance services;
5. Emergency and preventative health care programskervices; and
6. Transportation services.
Access to all common areas and housing units within a project shall be provided
without use of stairs, either by means of an elevator or sloped walking ramps. Entryways, walkways, and hallways in the common areas, and doorways and
paths of access to and within the housing units, shall be as wide as required by current laws
applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair.
Walkways and hallways in the common areas shall be equipped with standard
height railings or grab bars to assist persons who have difficulty with walking, and shall have
lighting conditions that are of sufficient brightness to assist persons who have difficulty seeing.
Trash collection containers shall be provided in an easily accessible location and
in manner that requires a minimum of physical exertion by residents. Trash collection
J.
K.
L.
M.
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containers shall also be completely screened and located as inconspicuously as possible.
Trash enclosures shall be of similar colors and materials as the main building.
Dwelling units shall be provided with the following:
1. Tubs and/or showers equipped with, or adaptable for, at least one grab
2. Tubs and/or showers equipped with temperature regulating devices;
3. Slip resistant tub and/or shower bottom surfaces; and
4. Peepholes in entry doors.
The design of a housing for senior citizens should, to the extent practicable,
implement the principles of Universal Design as currently established by the Center for
Universal Design at the North Carolina State University, or any other residential design
elements for seniors that may currently be established by the California Department of Aging.
Universal Design principles encourage building design with accessible and adaptable features
that are universally usable by most people regardless of their level of ability or disability.
Examples of Universal Design are as follows:
1. A dwelling unit should be designed to be accessible or adaptable for
disabled access;
2. An adaptable dwelling unit has all accessible features that a fixed
accessible unit has but allows some items to be omitted or concealed until needed so the
dwelling unit can be better matched to individual needs when occupied; and
In an adaptable unit, wide doors, no steps, knee spaces, control and
switch locations, grab bar reinforcing and other access features must be built in. Grab bars,
however, can be omitted and installed when needed. Knee space can be concealed by
installing a removable base cabinet that can be removed when needed. Counter tops and
closet rods can be placed on adjustable supports rather than fixed at lower heights as required
for wheelchair users.
Housing for senior citizens shall comply with all applicable building and housing
codes, and requirements for access and design imposed by law, including, but not limited to, the
Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C.
Sec. 12101 et seq.), and the regulations of Title 24 of the California Code of Regulations that
relate to access for persons with disabilities or handicaps. Nothing in this section shall be
construed to limit or reduce any right or obligation applicable under those laws.
N.
bar;
0.
3.
P.
21.84.070 lnclusionary Housinq Requirements and Density Bonus Provisions.
Any market-rate rental or for-sale project constructed pursuant to this chapter
shall be required to comply with the inclusionary requirements for residential developments in
Chapter 21.85 of this code.
Upon written request by an applicant, and in return for his agreement to develop
and operate a project in accordance with this chapter and Chapter 21.86 of this code
(residential density bonus), the final decision-making authority shall allow an increase in the
number of dwelling units permitted per acre (density), provided the request for density bonus
complies with the requirements of Chapter 21.86.
A.
B.
21.84.080 Application Process.
Preliminary Review Application - a preliminary review application may be
submitted prior to the submittal of a formal application (note - if the project includes a request
for a density bonus, a preliminary review application is required).
A brief description of the proposal including the total number of
The general plan and zoning designations, and assessors parcel
A.
1, The preliminary review application shall include the following information:
a.
b.
senior units, density bonus units and affordable senior units proposed;
number(s) of the project site;
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c. A site plan, drawn to scale, which includes: building footprints,
driveway and parking layout, existing contours and proposed grading; and d. A letter identifying what specific incentives (Le., density bonus,
standards modifications or financial incentives) are being requested of the city, if any. After review of the preliminary application, the planning department shall
provide to an applicant a letter identifying project issues of concern to staff, and the incentives
or assistance that the planning director can support when making a recommendation to the final
decision-making authority. Formal Application - a proposal to develop housing for senior citizens shall be
processed under a site development plan (SDP) application in addition to any otherwise
required application(s) (Le., tentative maps, parcel maps, planned unit developments, etc.). The
site development plan application shall be processed according to the provisions of Chapter
21.06 of this code, excluding Section 21.06.020 (b) (I), (2), (3) and (4). The findings for
approval of a site development plan for housing for senior citizens are specified in Section
21.84.080 of this chapter.
A legal description of the total site proposed for development
including a statement of present ownership and present and proposed zoning;
If a density bonus or other incentives are requested, a letter shall
be submitted signed by the present owner stating how the project will comply with Government
Code Section 65915 and stating what is being requested from the city, (Le., density bonus,
modification of development standards or other additional incentives);
Site plans and other supporting plans (i.e., a landscape plan,
building elevations and floor plans) as per the City’s application submittal requirements;
A detailed vicinity map showing the project location and such
details as the nearest market, transit stop, park or recreation center, medical facilities or other
related uses and services likely to be patronized by senior citizens;
e. A set of floor plans for each different type of unit indicating a
typically furnished apartment, with dimensions of doorways, hallways, closets and cabinets;
f. A floor plan of the first floor or other floor showing any common
areas and accommodations;
g. A monitoring and maintenance plan; and h. Any additional information required as per the City’s application
submittal requirements.
If the project involves a request for financial incentives from the City, then
any decision on such a request shall be made by the City Council upon recommendation from
the Housing Commission. In addition, if the project involves a request for financial incentives
then the City Council shall have the authority to make the final decision on the site development
plan and other related development applications (i.e., tentative maps, parcel maps, planned unit
developments, etc.), after consideration of a recommendation from the Planning Commission.
At the time of plan submittal for building permits, the applicant shall
submit a set of detailed drawings for kitchens and bathrooms indicating counter and cabinet
heights and depth, type of pulls, faucets, grab-bars, tub and/or shower dimensions, and
handicapped turn space where appropriate.
2.
B.
1, A completed application shall include the following information:
a.
b.
C.
d.
2.
3.
21.84.090 Findinas for Approval.
A site development plan for housing for senior citizens shall be approved only if
the following findings are made:
1. The project is consistent with the various goals, objectives, policies and
programs of the General Plan, the provisions of Municipal Code Title 21 (Zoning Ordinance), the
Local Coastal Program (if applicable), and/or the provisions of an applicable master or specific
plan;
A.
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2. The project site is adequate in size and shape to accommodate the
proposed project;
3. The project is properly related to and will not adversely impact the site,
surroundings and environmental settings, and will not be detrimental to existing uses specifically
permitted in the area in which the proposed project is to be located;
The project shall not result in density or design that is incompatible with
other land uses in the immediate vicinity, and the project will provide and maintain all yards,
setbacks, walls, fences, landscaping, and other features determined necessary to provide
compatibility with existing or permitted future uses in the neighborhood;
5. The street system serving the proposed project is adequate to properly
handle all traffic generated by the project; and
6. The request for a density bonus and/or additional incentive(@ is
consistent with the provisions of Chapter 21.86 of this code. (This finding shall only apply to
projects requesting a density bonus and/or additional incentives).
4.
21.84.100 Additional Requirements.
No housing development constructed prior to January 1, 1985, shall fail to qualify
as a “senior citizen housing development” because it was not originally developed or put to use
for occupancy by senior citizens.
Any person who, on January 1, 1985, had the right to reside in, occupy, or use
housing that is subject to the provisions for a “senior citizen housing development” in this
chapter and California Civil Code Sections 51.2, 51.3 and 51.4, shall not be deprived of the right
to continue that residency, occupancy, or use as the result of the implementation of this chapter.
Any person who is not 62 years of age or older, and who, on September 13,
1988, had the right to reside in, occupy, or use housing that is restricted to occupancy by
persons 62 years of age or older, shall not be deprived of the right to continue that residency,
occupancy or use as a result of the implementation of this chapter; provided that all new
occupants are persons 62 years of age or older.
D. A developer of housing for senior citizens shall establish a homeowner’s
association, board of directors, or other governing body, and corresponding covenants,
conditions and restrictions or other documents or written policy. Said CC&Rs or other
documents or written policy shall be submitted to and approved by the Planning Director and
recorded prior to issuance of a building permit. At a minimum, the CC&Rs or other documents
or written policy shall set forth the following:
A.
B.
C.
1. Limitations on occupancy, residency or use on the basis of age;
a. Any such limitation shall not be more exclusive than to require
that:
1. each person in residence in each dwelling unit be required
to be 62 years of age or older; or
ii. in a “senior citizen housing development” one person in
residence in each dwelling unit is required to be a senior citizen or qualifying resident, and that
each other resident in the same dwelling unit may be required to be a qualified permanent
resident, a permitted health care resident, or a person under 55 years of age whose occupancy
is permitted under California Civil Code Section 51.3 (h) or Section 51.4 (b);
The limitations on occupancy may allow for occupancy of units by
employees of the housing community (and family members residing in the same unit) who are
under 62 years of age, or who do not qualify as a qualifying resident, provided they perform
substantial duties directly related to the management or maintenance of the housing community;
The limitations on occupancy for housing that is intended for, and
solely occupied by, persons 62 years of age or older, shall not be less exclusive than to require
that the persons commencing any occupancy of a dwelling unit be 62 years of age or older,
excluding occupancy by persons permitted pursuant to Section 21.84.100C. and D.l .b, above;
b.
c.
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d. In a “senior citizen housing development”, the limitations on
occupancy may be less exclusive than stated above, but shall at least require that the persons
commencing any occupancy of a dwelling unit include a qualifying resident who intends to
reside in the unit as his or her primary residence on a permanent basis;
e. In a “senior citizen housing development”, the limitation on
occupancy may result in less than, but not less than 80 percent, all of the dwellings being
actually occupied by a qualifying resident; In a “senior citizen housing development”, upon the death, dissolution of
marriage, or upon hospitalization, or other prolonged absence of the qualifying resident, any
qualified permanent resident, as defined in this chapter and Section 51.3 of the California Civil
Code, shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit
as a permitted resident. This provision shall not apply to a permitted health care resident;
3. In a “senior citizen housing development”, a permitted health care
resident shall be entitled to occupy a dwelling unit during any period that the person is actually
providing live-in, long-term, or hospice health care to a senior citizen or qualifying resident for
compensation, which includes the provision of lodging and food in exchange for care;
In a “senior citizen housing development”, upon the absence of the
qualifying resident, a permitted health care resident shall be entitled to continue his or her
occupancy, residency, or use of the dwelling unit only if: a) the qualifying resident became
absent from the dwelling unit due to hospitalization or other necessary medical treatment and
expects to return to his or her residence within 90 days from the date the absence began; and
b) the absent qualifying resident, or an authorized person acting for the qualifying resident,
submits a written request to the owner, HOA, board of directors, or other governing body stating
that the qualifying resident desires that the permitted health care resident be allowed to remain
in order to be present when the qualifying resident returns to reside in the development. The
HOA, board of directors, or other governing body may permit a permitted health care resident to
remain for a period longer than 90 days, but not to exceed an additional 90 days;
In a “senior citizen housing development”, for any person who is a
qualified permanent resident, as defined in this chapter, whose disabling condition ends, the
owner, HOA, board of directors, or other governing body may require the formerly disabled
resident to cease residing in the development, subject to the provisions of California Civil Code
Section 51.3 (b)(3);
In a “senior citizen housing development”, CC&Rs or other documents or written policy shall allow temporary residency for a guest, who may be less than 55 years in
age, of a qualifying resident, or qualified permanent resident, for periods of time, not less than
60 days in any year, that are specified in the CC&Rs or other documents or written policy.
CC&Rs or other documents or written policies applicable housing for senior
citizens that contain age restrictions, shall be enforceable only to the extent permitted in
California Civil Code Section 51.3, the Federal Fair Housing Act, and the Federal Code of
Regulations Title 24 Sections 100.300 to 100.308, notwithstanding lower age restrictions
contained in those documents.
2.
4.
5.
6.
E.
21.84.1 10 Monitorina and Reporting Requirements.
A. To assure compliance with the age requirement of this chapter, all
applicants/owners of housing for senior citizens shall be required to submit, on an annual basis,
an updated list of all project tenants and their age to the City’s Planning Director.
EFFECTIVE DATE: This ordinance shall become effective thirty (30) 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 a publication of general circulation in the City of Carlsbad within
Ordinance No. NS-662 Page 12 of 13
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fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become
effective within the City's Coastal Zone until LCPA 02-08 is approved by the California Coastal
Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 3rd day of June 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 10th day of JUNE 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ABSTAIN: NonA .
CWDm. Mawr
ATTEST:
I
LORPAINE ?A. WGm, City Clerk
(SEAL)
'
APPROVED AS TO LEGALITY AND FORM: n
RONALD R. BALL, City Attorney 6/14 f 4%
Ordinance No. NS-662 Page 13 of 13