HomeMy WebLinkAbout2012-10-02; City Council; CS-191; Transitional Supportive Housing ZCA 11-07...EXHIBIT 3
1 ORDINANCE NO. CS-191
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO ADD DEFINITIONS AND STANDARDS FOR
"TRANSITIONAL HOUSING" AND "SUPPORTIVE HOUSING,"
4 PERMIT OR CONDITIONALLY PERMIT THE SAME IN
RESIDENTIAL AND CERTAIN COMMERCIAL ZONES, REVISE
5 THE DEFINITION AND STANDARDS FOR "RESIDENTIAL CARE
FACILITIES," AND PERMIT RESIDENTIAL CARE FACILITIES IN
6 RESIDENTIAL ZONES AND CERTAIN COMMERCIAL ZONES
WHERE CURRENTLY NOT ALLOWED.
7 CASE NAME: TRANSITIONAL & SUPPORTIVE HOUSING
CASE NO.: ZCA 11-07
8
9
10
11
14
20
The City Council of the City of Carisbad, California, does ordain as follows:
SECTION I: That the list of sections in Chapter 21.04 (Definitions) is amended
by adding the following references to sections 21.04.355.1 and 21.04.362 to read as follows:
21.04.355.1 Supportive housing
12 21.04.362 Transitional housing
1^ SECTION II: That Section 21.04.300 (Definitions, "Residential Care Facility") is
amended to read as follows:
1 ^ 21.04.300 Residential Care Facility
"Residential care facility" means any family home, group care facility, or similar facility,
1^ licensed by the State of Califomia, for twenty-four hour nonmedical care of persons in need of
personal services, supervision or assistance essential for sustaining the activities of daily living
or for the protection of the individual as provided in Section 1502 of the California Health and
Safety Code.
1 o
SECTION III: That Section 21.04.355.1 (Definitions, "Supportive Housing") is
added to read as follows:
2j 21.04.355.1 Supportive Housing
"Supportive housing" means housing with no limit on length of stay that is occupied by
22 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
23 the housing, improving his or her health status, and maximizing his or her ability to live and,
when possible, work in the community.
SECTION IV: That Section 21.04.362 (Definitions, "Transitional Housing") is
added to read as follows:
24
25
26
21.04.362 Transitional Housing
27 "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
28 program recipient at some predetemriined future point in time, which shall be no less than six
months.
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
SECTION V: 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:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VI: 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 (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION Vll: 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 (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VIII: 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 (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
///
-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
SECTION IX: 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 (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION X: 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
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION XI: 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
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
///
///
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
SECTION XII: That Table A of Section 21.22.010 (R-W Residential Waten/vay
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION XIII: 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 (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION XIV: 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, supportive housing, and
transitional housing, each serving six or fewer persons.
SECTION XV: 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, supportive housing, and
transitional housing, each serving six or fewer persons.
SECTION XVI: 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, supportive housing, and
transitional housing, each serving six or fewer persons.
///
///
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
SECTION XVII: 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
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION XVIII: That Section 21.42.140 B. 125 is amended to read as follows:
125. Residential Care Facilities, Supportive Housing, and Transitional Housing (all
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
Noise
Lighting
Location and screening of parking, service, and other outdoor areas
Security
Loitering
2.
3.
4.
5.
6.
SECTION XIX: That Table A in Section 21.44.020 (Number of Off-street Parking
Spaces Required) is amended by adding the following uses to the end of the list of "Residential
Uses" to read as follows:
Use Number of Off-Street Parking Spaces
Residential Uses
Supportive
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
Residential Uses Transitional
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
-5-
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
SECTION XX: 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 of
Section 21.44.020 (Paricing Space and Areas) is amended to read as follows:
Subject Requirement
For other Not more than 150 feet walking distance from
residential uses the nearest point of the paricing facility to the
or care facilities nearest point of the building that the paricing
(e.g., housing facility is required to serve.
for senior
citizens,
hospitals, and,
Location of required when serving
parking more than six
persons,
residential care
facilities,
supportive
housing, and
transitional
housing)
SECTION XXI: That the findings of the Housing Commission in Housing
Commission Resolution No. 2012-004 shall constitute the findings of the City Council.
SECTION XXII: That the findings of the Planning Commission in Planning
Commission Resolution No. 6896 shall constitute the findings ofthe City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after Its adoption;
and the city cleric 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 Attomey to be published at least once in a
newspaper of general circulation in the City of Carisbad within fifteen days after its adoption.
{Notwithstanding the preceding, this ordinance shall not be effective until approved by the
Califomia Coastal Commission.)
Ill
III
III
III
III
4P
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
2 Council on the 25th day of September 2012, and thereafter
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carisbad on the 2nd day of October 2012, by the following vote, to wit:
5 AYES: Council Members Hall, Blackbum, Douglas, Packard
6 NOES: None
7 ABSENT: Council Member Kulchin
8 ABSTAIN: None
9
10 APPROVED AS TO FORM AND LEGALITY
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
RONALD R. BALL, City Attomey
ATTEST:
LORRAINE M. WOOD, City Cleric
(SEAL)
Deputy Clerk S erry ger,
nty Times on the 28th day of September 2012.
Dated: September 28, 2012
...... ,
oRE A, (Seal)
:jZ
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS 188_, 189, 190, 191
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS 188, CS-189, CS-190
and CS-191are to be considered at the City Council Meeting to
be held on the 25th day of September 2012.
2.) That a certified copy of the full text of Ordinance Nos. S 188, CS-189,
CS-190 and CS-191were posted in the City Clerk's Office on the 26th
of September 2012.
3.) That a summary of the Ordinance was published in the North
EISI GER, enior Deputy Clerk
Certification of Posting and Publication of Ordinance Nos. CS-188, 189,
190 191
Page 2
4.) That Ordinance Nos.CS-188, 189, 190 and 191 were adopted
on the 2nd day of October 2012.
5.) That a certified copy of the full text of Ordinance Nos.CS-188,
189, 190 and 191 showing the names of those who voted in
favor and against the Ordinance was posted in the City Clerk's
Office on the 4th day of October 12, 2012
6.) That a summary of the Ordinance, showing the names of those who voted
in favor of and against the Ordinance was published in the North County
Times, on the 7th day of October 2012.
Dated: October 4, 2012
(Seal) 1 I I 0
• 4. • z• •
:
00.
ffill#110‘‘