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HomeMy WebLinkAbout1976-01-06; City Council; 3561; Zone Code Amendment Residential Care Facilitiesc D CITY OF CARLSBAD AGENDA BILL NO. '3'fL'l DATE: •• January '6,' 1976. DEPARTMENT: PLANNING Initial : Dept. Hd. City Attyl City Mgr. Ofl/J\xu\ ifZr /L\/F& fiMJ SUBJECT: PROPOSED ZONE CODE AMENDMENT CONCERNING RESIDENTIAL CARE FACILITIES Statement of the Matter _ The City has been requested in a number of instances to allow residential care- faci1ities in residential zones. The State of California has adopted a provision which defines /esi- dential care facilities as a residential use which shall be allowed in all residential zones. The City of Carlsbad's Zoning Ordinance does not clearly state or define provisions for Residential Care Facilities. Staff is recommend- ing that the City of Carlsbad Zoning Ordinance be amended to be consistent with. State law regarding residential care facilities. Staff also recom- mends that provisions under the Conditional Use Permit section of the Zoning Ordinance be developed which will ensure compatibility of such facilities with the other uses permitted in the'residential zones. Exhi bits: Memo to the City Manager, December 12, 1975 Draft Zone Ordinance Amendment with synopsis Recommendation: If Council approves, the City Attorney should be instructed to draft an ordinance. When the draft ordinance is prepared it can then be brought back to Council that they may set hearing by the Planning Commission. Council action . 1-6-76 The staff was instructed to prepare a more refined report for the Council's consideration. MEMORANDUM December 12, 1975 TO: CITY MANAGER FROM: PLANNING DIRECTOR RE: RESIDENTIAL CARE FACILITIES I. INTRODUCTION: In the past few years, the demand for and the types of residential care facilities has increased. Old regulations, like Carlsbad's may not adequately address the problem and demands existing today, especially as it applies to consistency in the State Health & Welfare Code. This report is in response to requests recently made upon the City to clarify these regulations. II. DEMANDS OR REQUESTS MADE TO THE CITY: Recently we have received requests to allow care facilities, deny care facilities, change our ordinance to expand care facilities, and to recognize that the State may have pre-emptied some of the City's responsibility in making land use decisions regarding care facilities. A synopsis of these is as follows: (1) State laws have been enacted that indicate that "a state-authorized, certified or licensed family care home, foster home or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children, shall be considered a residential use of property for the purposes of zoning if said homes provide care on a 24-hour-a-day basis". The State laws also indicate that these care homes are to be permitted in all residential zones, however, the local agency could require a CUP — "provided no condition shall be imposed on other similar dwellings in the same zones unless such additional conditions are necessary to protect the health and safety of the residents". (2) The Foster Home licensing section of the County Department of Public Welfare has requested that the City amend its regulations to be consistent with the County's regulations which permit up to 6 boarders in this use category. (3) Request to have a residential care home removed from 4810 Kelly Drive by a nearby neighbor. This facility is licensed by San Diego County for four boarders. Staff interprets this use as fitting the . interpretation of four boarders permitted in the R-l Zone. ••> (4) Horsemen's Benevolent and Protective Association wishes to establish a convalescent home in a ranch type setting in a relatively undeveloped area. The site they are interested in is zoned Residential -Agriculture (R-A). Being a low intensity zone, the R-A would permit only four unrelated people in a resi- dence, as defined in "family". It also excludes convalescent care. III. EXISTING CARE FACILITIES: There are nine existing care facilities in Carlsbad that are licensed by the County. They are as follows: _ Address _ Zone _ No. of Beds 2521 Crest Dr. R-l 6 2347 Olive Dr. R-l 2 4539 El Camino Real R-l 6 3229 Valley St. R-l 4 4810 Kelly Dr. R-l -8000 6 3574 Harding St. R-3 15 2705 Madison R-P 12 3162 Carlsbad Blvd. C-2 4 4392 El Camino Real M 12 In addition to these County licensed facilities, there are many residen- tial services that give similar services but are not under the County program. They range from convalescent homes that give bed, board, and medical attention to retirement homes and rest homes that only give room and board, to private homes that give room and board on a private basis. The type of boarder also varies: There are aged, aged invalids, metally or physically handicapped regardless of age, and foster children. There could be, if not already existing, facilities for religious orders (convent), fraternities, societies, alcoholics, drug abusers, transients, etc. . It is evident that residential care is very dissimilar in the degree of service and the type of patients. It is not feasible to develop ordinances to control all of these diversities, however, there is a similarity among all these facilities, in that they all give room and board on a 24 hour basis. Therefore a simple, yet effective set of regulations can be drafter in a comprehensive nature. IV. PRESENT ZONE ORDINANCE REGULATION: The present regulations have been adopted over a period of years in a non-comprehensive manner. There is some difficulty in admininstering the regulations as well as being outdated. The zone code recognizes five levels of residential care, which are defined. A synopsis of these definitions is as follows: (1) Family: Individuals related by blood or marriage or a group of not more than 4 persons living together as a single housekeeping unit. (Sec. 21.04.145 C.M.C.) (2) Lodging House: Provides room, but no other services for 4 or more guests. (Sec. 21.04.055 C.M.C.) (3) Boarding House: Provides room and meals but no other services for 4 or more guests. (Sec 21.04.055 C.M.C.) -2- (4) Rest Home and Convalescent Home: Provides room, meals, nursing, dietary and personal services to convalescents, invalids and aged persons. Resthomes and convalescent homes do not provide medical attention or allow persons suffering from mental sickness, diseases, disorders, etc. (sec. 21.04.295 C.M.C.) (Note: This appears contradictory since aged people are permitted and are normally placed in rest homes because they cannot care for themselves due to mental limitation, physical disorders, etc.) (5) Sanitarium: Provides room, meals, and medical or surgical services. It must also be licensed by the State for such care, but it cannot provide treatment for mental and nervous disorder, except if surgery is involved. (Sec. 21.04.300 C.M.C.) Within the Zones these uses are permitted as follows: Rest homes by right in the R-3 zone (Sec. 21.16.010(5) and R-P zone (Sec. 21.18.020(17) and by Specific Plan in the RDM zone (SEC. 21.24.020(2). Lodging and Boarding Homes in the R-T zone by CUP (Sec. 21.20.020(1) In addition to these defined uses, the R-l, R-2, R-3, R-P Zones permit the renting of not more than two rooms to not more than four persons, meals included (Sec. 21.10.010(5). The C-l and C-2 Zones permit institu- tions or homes for the treatment of convalescent persons, children, aged persons, alcoholics, the wounded or mental infirmed. (See Sec. 21.30.010(1) (c) and (d). Also, hospital institutions for the treatment of alcoholics and mental hospitals are permitted in all non-residential zones with Conditional Use Permits (see sec. 21.41.010(5). V. TYPE OF REGULATIONS NEEDED: Carlsbad's regulations on residential care do not coincide exactly with the County's programs and may be in conflict with State law. In addition, the present regulations do not track well, are difficult to follow, and do not cover all possibilities. Therefore, we should consider amending our code to do the following: (1) Simplify the code by grouping the types of care into general headings. (2) Make the factors that will determine the type and level of care as those aspects which can be determined such as number of beds, level of professional service, medical or clinical equipment, etc. Factors that are difficult to determine or have little bearing on the level of care should be eliminated or better identified; i.e., age, mental abilities, personal service offered, etc. VI. POLICY QUESTIONS CONCERNING RESIDENTIAL CARE: Before an Ordinance Amendment of this nature can be adequately drafted certain policy questions must be considered. Following are the basic questions with some possible solutions. 'An Ordinance Amendment based on staff analysis is attached. The draft is for discussion purposes only and will be modified to meet City Council desires. -3- (1) What type of care facilities should be identified? There is no need to list all of the terms used in residential care. Many of these terms are overlapping and are without common definition. It is suggested that types of residential care should be distinguished by operational factors and be grouped into encompassing headings. Using factors as number of people, equipment availability, limit of service, staff suggests two basic levels: non-professional and professional care. The number of people shall determine development standards, such requirements for living area, parking, etc. The term "family" must also be considered since many types of "care" are now and should continue to be permitted as family units. (2) What is the maximum number of unrelated people to make up a family? Though the definition of family may not appear to be connected to commercial type residential care in a technical basis, there is a practicle problem in determining if people are living together as friends or out of need; especially some of todays more creative communes or retirement plans. Staff suggests the number of four be retained, since families have been created at this number and the typical home and neighborhood in Carlsbad should be able to accomodate four. (3) At what level of operation should an approval process be required by the City? There appears to be 3 factors based on number of persons that can effect the levels of operation. The first is maximum of four as permitted as a "family". Another is six maximum as stipulated by State and County programs. The last is any operation over six. Staff suggests that all three of these levels be used in the regulation. For example, four or less total people to be permitted by right in all zones which permit familys; over four total people be permitted in certain residential zones by CUP. The other operation factors should be used in determining types of use and in what zone to be located. For example, non-professional care to be permitted lower density residential zones while pro- fessional care facilities to be permitted in specified zones. (4) What zones should the various types of care be placed? The type of facilities that are existing or have been requested range from "family" in single family neighborhoods, "rest home" in all residential areas, "convalescent" in commercial areas, and "retreats" in rural areas. All of these uses appear beneficial and should be accomodated. In addition retirement homes with more than six beds should be permitted in the lesser developed areas. Since these areas are generally zoned R-A or R-l, provision should be made to accomodate them, but protect higher density residential areas from the detreimental affect of large facilities. -4- J (5) What development requirements to be required? Possibly care facilities with six or less than residential neighborhoods need no additional development requirement. However, larger or more intensive facilities probably need some physical requirements. The following should be considered; fire retardent roofs, fire extinguisher, visitor parking, fences, recreation area, living space, etc. Donald A. Agatep PLANNING DIRECTOR DAA/vb ATTACHMENT: Draft Zone Code Amendment Synopsis of Draft Zone Code Amendment. Letter and State Code excerpt from State Welfare Department -5- .EXHIBIT A <- 12-15-75 ZCA-70 RESIDENTIAL CARE FACILITIES Section 1: Definition: (a) Amend the following definition: Family: "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than four persons, excluding employees, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. Not included in "Family" are those facilities licensed by the State or County Health and Welfare License pursuant to California Administration Code. (b) Add the following definition: Residential Care Facility: "Residential Care Facility" means a facility in which food and shelter is provided and there are more than four persons not related by blood or marriage, including supervisors or propriators within the same building or upon the same premises. Included are those facilities licensed by the State or County Health and Welfare License pursuant to California Administration Code, but not including establishments that cater primarily to transient guests, or where medical and pro- fessional services are provided as in "Professional Care Facility" or "Hospitals" or "Mental Hospital". Professional Care Facility: "Professional Care Facility" means a facility in which food, shelter, and some form of professional service is provided such as nursing, dietary, exercising or other medically recommended programs. Not included in this definition are "Hospitals and "Mental Hospitals". (c) Delete the following definitions: "Resthome, Convalescent Home or Guest Home" "Sanitarium" c j : 3 Section 2: Add to the R-A Zone as follows: Section 21.08.020 Uses Permitted. (8) Residential Care Facilities are permitted by approved Conditional Use Permit provided all requirements of Section 21.42 for such use are met. Section 3: Amend the R-l Zone as follows: Section 21.10.010 Permitted Uses (5) Residential Care Facilities are permitted by approved Conditional Use Permit provided all requirements of Section 21.42 for such use are met. Section 4: Amend the R-3 Zone as follows: Section 21.16.010 Permitted Uses (5) Professional Care Facilities are permitted by approved Conditional Use Permit provided all requirements of Section 21.42 for such use are met. Section 5: Amend RD-M Zone as follows: Section 21.24.020 Specific Plan be amended as follows: 21.24.020 Uses Permitted by Conditional Use Permit: 1) Motels or Hotels 2) Residential Care Facilities provided all requirements of Section 21.42 for such uses are met. 3) Professional Care Facilities 4) Public and private commercial parking lots and parking structures 5) Child care nurseries, where is provided on the lot or adjacent to the premises, 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. Such play lot shall not be located in any required front or side yard. Section 6: Amend the C-2 Zone as follows: Section 21.28.015: Conditional Uses 1) Residential: When one or more of the uses permitted by Section 21.28.010 is located on the ground floor of a multi-storied building, that portion of the building above the ground floor may be used for residential purposes if such use is permitted pursuant to a conditional use permit. acilows: »_ _ « r j.- -7 2)n pJQ.£es/s4P9al Care ..Facilities.Section 7: Amend trie C-M Zone as foil Section 21.30.010 Permitted Use 1) Any use permitted in the C Zones except: -2- a) Hotels, motels and auto courts b) Hospitals (industrial emergency hospitals are permitted) c) Residential Care Facilities and Professional Care Facilities. d) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business. e) Institutions of a philanthropic or eleemosynary nature, including correctional and mental. Section 8: Add the following subsection to Section 21.42.010 (7) R-A, R-l, R-2, R-3, R-P, RD-M and P-C Zones only: A) Residential Care Facilities contain beds for 6 or less persons under care, provided the following conditions are met: 1) Fire retardant roofs to be provided to the satisfaction of the Fire Marshall. 2) Fire extinguishers and other fire fighting equipment be provided to the satisfaction of the Fire Marshall. 3) The facility shall meet the approval for such use by the City Building Official and Fire Marshall. B) Residential Care Facilities containing more than 6 persons under care, provided the following conditions are met: 1) All conditions as indicated in (A) above. 2) Off-street parking as required in Section 21.41.130. 3) A minimum of 1,000 sq. ft. of open area not part of the required front or side yards for each person under care. 4) A minimum of 200 sq. ft. of indoor recreation area for each person under care. (8) R-3, R-P, RD-M, C-2, and P-C Zones only: Professional Care Facilities providing the following conditionsa r>e_ jnst • •'••'•"TjTire retardant roofs to be provided to the satisfaction of the Fire Marshall. 2) Fire extinguishers and other fire fighting equipment be provided to the satisfaction of the Fire Marshall. 3) The facility shall meet the approval for such use by the City Building Official and Fire Marshall. 4) Off-street parking as required in Section 21.41.130. -3- r 5) A minimum of 100 sq. ft. of outdoor recreation area not part of the required front or side yards for each person under care. 6) A minimum of 50 sq. ft. of indoor recreation area for each person under care. Section 9: Amend Parking Regulations in Section 21.41.130 as follows: (24) Use: Residential Care Facility and Professional Care Facility: A) Six or less beds: Two parking zones. B) More than six beds: Two parking spaces plus one space for each three beds. -4- V SYNOPSIS OF EXHIBIT A, 12-15-75, DRAFT ORDINANCE ZCA-70 1) Care facilities will be grouped into two categories. Residental Care will be those facilities that give room and board but no professional services; examples are residential care and foster homes. Profession- al care will be those facilities that provide professional services such as dietary and nursing; examples are nursing homes and sanitariums. No attempt is made to distinguish between types of patients. Distinctions are nearly impossible and the State does orohibit it for 6 or fewer. However, mental hospitals are permitted in all zones except residential 2) Residential care not licensed by the County and State will be permitted by right as a "family" if there are four or less people in the total household. 3) Residential Care as defined in this ordinance that requires a Conditional Use Permit will be those facilities that have more than four total people in household including supervisor and proprietor. 4) Residential Care Facilities will be permitted by Conditional Use Permit in all residential zones. There is no limit on the number of patients but above six certain amenties such as recreation area, and guest parking are required. These requirements should limit the large care facilities having more than 6 persons to large lots, probably in underdeveloped areas. 5) Professional Care Facilities will be permitted in Multiple Family Residential Zones and C-2 with a Conditional Use Permit. 6) Boarding houses and lodging houses will be permitted with a Conditional Use Permit in the R-T zone only as per present ordinance. However a boarding house could be established in other residential zones as a Residential Care Facility with Conditional Use Permit. €v- 7) Residential and Professional Care are to be permitted by Conditional Use Permit in the RD-M zone. To accomodate the CUP process over a Specific Plan, the entire section in the RD-M Zone that requires Specific Plan for certain uses has been amended to require a Conditional Use Permit. The Conditional Use Permit process is the process used in all other zones and is the common tool in most California Cities for regulating uses. The Specific Plan process is not proper for any of these uses and therefore the amendment is in order. 8) Professional Care facilities will be permitted in the C-2 zone by Conditional Use Permit, but prohibited in the C-l and C-M Zone. Pre- sently these institutions are permitted in both C-l, and C-2 by a reference - see Section 21.30.010(1) (C) and (D). 9) Development standards are to be required as per Conditional Use Permit section (21.42). With 6 or less patients the State permits cities to only provide for safety regulations. Over 6, however, the proposed ordinance provides for indoor and outdoor recreation and visitor parking. Professional care, however, will need to provide all amenities regardless of number of patients; the recreation requirements are lower since the patients are less ambulatory. 10) Parking requirements have been changed for the facilities over 6 beds to require two spaces plus the present one for each 3 beds. -2-