Loading...
HomeMy WebLinkAbout1976-01-20; City Council; 3561-1; Zone Code Amendment Residential Care FacilitiesOI.-n _....,AGENDA BILL NO. 3561 " Supplement No. 1 CITY OF CARLSBAD Initial :_ Dept. Hd. DATE: ...................... W. DEPARTMENT; PLANNING City Mgr. SUBJECT: Proposed Zone Code Amendment Concerning Residential Care/ Professional Care Facilities Statement of the Matter - The City Council reviewed on January 6th the proposed zoning ordinance amendment which provides for residential care facilities and professional care facilities in various zones in the City 'of Carlsbad. After discussion between Council and staff regarding several policy questions, the Council directed the staff to return with a proposed ordinance which would accomplish the following: 1) Limit residential care facilities to six (6) persons or less in the R-A, R-l and R-2 zones; » 2) Only provide for residential and professional care facilities in excess of six (6) persons in the R-3, RD-M, R~P» P-C> C-l & C-2 zones; 3) Require Conditional Use Permit for residential care and professional care facilities in all zones; and 4) Add certain conditions as suggested by the City Council and recommended by the staff in granting any Conditional Use Permit for residential or professional care. The staff has contacted the licensing agency, San Diego County, regarding conditions which the County may require prior to issuing a permit. Condi- tions proposed by the City of Carlsbad are not in conflict or competition with San Diego County requirements. EXHIBITS: Draft Zone Ordinance Amendment, Exhibit B, dated 1/9/76 RECOMMENDATION: If the City Council concurs with the draft submitted by the staff, it is recommended that the City Council instruct the staff to prepare the draft zone code amendment and set the matter to public hearing before.the Planning Commission. Council Action 1-20-76 It was moved that the staff recommendation be accepted and that the staff be instructed to prepare the draft zone code amendment and set the matter to public hearing before the Planning Commission O EXHIBIT B - 1/9/76 ZCA-70 RESIDENTIAL CARE FACILITIES Section 1; Definitions (a) Amend Section 21.04.145 to read: 21.04.145 Family. "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than four persons who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. (b) Add 21.04.295 to read: 21.04.295 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) Amend 21.04.300 to read: 21.04.300 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, propriators or employees within the same building or upon the same premises. Included are those facilities licensed by the State of California or the County of San Diego pursuant to California Administration Code, but not including establishments that cater primarily to transient guests, or where medical and professional services are provided as in "Professional Care Facility" or "Hospitals" or "Mental Hospitals". (Definitions for a "Rest Home"/ "Convalescent Home","Guest Home" or "Sanitarium" will be deleted). Section 2: R-A Zone (a) Add Section 21.08.015 to read: 21.08.015 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapter 21.50, Residential Care Facilities for six or less persons are permitted by conditional use permit provided all requirements of Chapter 21.42 for such use are met. Section 3: R-l Zone (a) Amend Section 21.10.010 Permitted Uses to delete Subsection (5) allowing boarders and renumber accordingly. : (b) Add Section 21.10.015 to read: 21.10.015 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapter 21.50, Residential Care Facilities for six or less persons are permitted by conditional use permit provided all requirements of Chapter 21.42 for such use are met. Section 4: R-3 Zone (a) Amend Section 21.16.010 Permitted Uses to delete Subsection (5) allowing rest homes and renumber accordingly. (b) Add Section 21.16.015 to read: 21.16.015 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapter 21.50 the following 2. c o uses and structures are permitted by conditional use permit: a) Residential Care Facilities provided all require- ments of Chapter 21.42 for such uses are met. b) Professional Care Facilities provided all require- ments of Chapter 21.42 for such uses are met. Section 5: RD-M Zone (a) Amend Section 21.24.020 regarding Specific Plans as follows: 21.24.020 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapter 21.50 the following uses and structures are 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; C-2 Zone (a) Amend Section 21.28.015 regarding Conditional Uses to read: 21.28.015 Uses and structures permitted by conditional use 3. permit. Subject to the provisions of Chapter 21.50 the following uses and structures are permitted by conditional use permit: 1. 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 by conditional use permit. 2. Residential Care Facilities, provided all requirements of Section 21.42 for such uses are met. These facilities may be on any floor as approved by the conditional use permit. 3. Professional Care Facilities, provided all requirements of Section 21.42 for such uses are met. Section 7: C-M Zone (a) Amend Section 21.30.010 Permitted Uses by amending Subsection (1) to read: (1) Any use permitted in the C zones except: a) Hotels, motels and auto courts; b) Hospitals (industrial emergency hospitals are permitted); c) Residential Care Facilities; d) Professional Care Facilities; e) Private clubs, fraternities, sororities and lodges, excepting those the chief activitiy of which is a service customarily carried on as a business- f) Institutions of a philanthropic or eleemosynary nature, including correctional and mental. 4. " Section 8: Amend Chapter 21.42 regarding conditional uses . (a) Add the following subsections to Section 21.42.010: (8) R-A, R-l, R-2, R-3, R-P , RD-M and P-C Zones: (A) Residential Care Facilities containing beds for 6 or less persons under care provided the following conditions are met: a) The facility shall meet the approval for such use by the City Building Official and the Fire Marshal. b) A fenced outdoor recreation area not within the required front or side yards shall be provided enclosing a recreation area of at least 200 sq.ft. for each occupant. c) An interior recreational area or living room of at least 220 sq , ft., plus 100 sq . ft. for every occupant over 2, shall be provided. d) There shall be a minimum of 70 sq. ft. of area in a sleeping room for each occupant. e) A 10-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. g) All residents of the Residential Care Facility must live in the same dwelling unit. h) A Residential Care Facility may not be located within 500 feet of another such facility. i) Not more than one Residential Care Facility may be located on one lot. 5. j) The Planning Commission nor the City Council on an appeal may modify any of the above standards, if it is found that such modification will not be detrimental to the health and safety of the residents. (9) R-3, R-P, RD-M, C-2, and P-C Zones only: (A) Residential Care Facilities subject to the conditions of Subsection (8) and the following: a) If over 6 occupants, the building shall meet the approval for such use by the City Building Official and Fire Marshal as a Group "D" Occupancy, Division 2 b) Off-street parking as required in Section 21.44.130. (B) Professional Care Facilities providing the following conditions are met: a) The facility shall meet the approval for such use by the City Building Official and Fire Marshal as a Group "D" Occupancy, Division 2 and 3. b) Off-street parking as required in Section 21.44.130. c) A minimum of 100 sq. ft. of outdoor recreation area not part of the required front or side yards for each person under care. d) A minimum of 50 sq. ft. of indoor recreation area for each person under care. Section 9: Amend Parking Regulations in Section 21.44.130 as follows: (a) Amend Subsection 24 to read: (24) Use: Residential Care Facility and Professional Care Facility: 6. c o (A) Six or less beds: Two parking spaces. (B) More than six beds: Two parking spaces plus one space for each three beds. 7.