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Home My WebLink About1976-04-06; City Council; 3607; Residential-Professional Care FacilityCITY OF CARLSBAD A601DA DATE: BILL NO. cvi DEPARTMENT: April 6, Planning 1976 Department I nit Dept City City ial : . Hd. Atty Mgr. QOCi \/PA*). ) SUBJECT: RESIDENTIAL-PROFESSIONAL CARE FACILITY (ZCA-70) Statement of the Matter The present Carlsbad regulations on care facilities are not consistent with latest regulations of the State and County. An ordinance amend- ment was drafted to make Carlsbad regulations consistent with the State and County's, and reflect the needs and goals of Carlsbad. The City Council reviewed this draft with staff report and directed that it be set to hearing before the Planning Commission, and-the Planning Commission on 3/10/76 recommended adoption of the ordinance as present- ed without changes. ; This is a public hearing item. EXHIBITS: ' • - .,.-"' Planning Commission Resolution 1222 Staff Report to Planniruj. Commission dated 3/10/76 Ordinance No. /y &'G~ RECOMMENDATION: Council action 4-6-76 The public hearing was closed and the matter was returned to staff for further clarification of the proposed ordinance. w MEMORANDUM March 10, 1976 ! t TO: . PLANNING COMMIJSSIpN FROM: ASSISTANT 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 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-empt'eck 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 interpreta- tion 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- 6w (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: Prior to drafting an Ordinance Amendment of this nature, certain policy questions were considered. Following are the basic questions with some alternative solutions. The Ordinance Amendment based on staff analysis is attached. -3- o p(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- (5) What development requirements to be required? Possibly care facilities with six or less than residential neigh- borhoods 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. BucTT Tender ASSISTANT PLANNING DIRECTOR BP/mdp Attachments: Draft Zone Code Amendment, Exh. B, dated 1/21/76 Synopsis of Draft Zone Code Amendment Letter and State Code excerpt from State Welfare Department -5- 1 PLANNING-COMMISSION RESOLUTION NO. 1222 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGARDING RESIDENTIAL/PROFESSIONAL. CARE FACILITIES. . CASE: ZCA-706 APPLICANT: CITY INITIATED 2 3 ,4 7 8 WHEREAS, the Planning Commission of the City of Carlsbad did a9 did adopt Resolution df Intention No. 117 declaring its intention 22 23 24 25 26 27 to recommend to the City Council an Amendment to Title 21 of the Municipal Code; and 12 WHEREAS, the Planning Commission did hold a duly noticed 13 Public Hearing to consider the subject amendment; and WHEREAS, the Planning Commission received all testimony from those persons interested in and opposed to, if any, the 16 proposed Zone Code Amendment; and 17 WHEREAS, the Planning Commission did find the following 18A facts and reasons to be present which in their opinion are 19 necessary to carry out the general purpose of Title 21 of 20 the Carlsbad Municipal Code: 21 1) It is necessary to bring Carlsbad's requirements in conformance with the State of California and County of San Diego; 2) It is in the best interest of the City to provide comprehensive method to provide for residential and professional care facilities. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does recommend approval to the City Council to amend various chapters of Title 21 of the 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Carlsbad Municipal Code to revise the zoning regulations regarding residential/professional care facilities, as per' •Exhibit A, dated January 21, 1976, and attached hereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on March 10, 1976, by the following vote, to wit: AYES: ABSENT: Commissioner Fikes Commissioners Watson, Dominguez, Larson, Jose and L'Heureux Stephen\~ti\ LTTieu r eux, fCha i rma r ATTEST: Donald A. Agatep, -2- VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 92008 ._1 £ 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 f\r\ >#>f.•*•*. ,«-*, //&/ W ' x«rf ORDINANCE NO. 9455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGULATIONS REGARDING RESIDENTIAL AND PROFESSIONAL CARE FACILITIES. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the amendment of Sections 21.04.145, 21.04.295 and 21.04.300 to read as follows: "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 in a dwelling unit. 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, medical, dietary, exercising or other medically recommended programs. Not included in this definition are 'hospitals' and 'mental hospitals' . 21.04.300 Residential care facility. "Residential care facility" means a State authorized, certified or liscensed family care home, foster home or group home serving mentally disordered or otherwise handicapped persons or dependent and neglected children where. care is provided on a twenty-four hour a day basis." 'SECTION 2: Title 21, Chapter 21.08 of the Carlsbad Municipal Code is amended by adding Section 21.08.015 to read as follows: "21.08.015 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21.50, residential care facilities for six or less persons are permitted by conditional use permit." : VINCENT F. BIONDO, JR^ .CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081 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 ^•..•fe,-,. ,(•*"*• /*> w w SECTION 3: Title 21, Chapter 21.10 of the Carlsbad Municipal Code is amended by the amendment of Section 21.10.010 to delete Subsection ( 5) , renumbering the balance, and by the addition of Section 21.10.015 to read as follows: "21.10.015 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21.50, residential care facilities for six or less persons are permitted by conditional use permit." SECTION 4: Title 21, Chapter 21.16 of the Carlsbad Municipal Code is amended by the amendment of Section 21.16.010 to delete Subsection (5) , renumbering the balance accordingly and by the - addition of Section 21.16.015 to read as follows: "21.16.015 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21.50 the following uses and structures are permitted by conditional use permit: (1) Residential care facilities; (2) Professional care facilities." SECTION 5: Title 21, Chapter 21.24 of the Carlsbad Municipal Code is amended by the amendment of Section 21.24.020 to read as /follows : "21.24.020 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21.50 the following "uses and structures are permitted by conditional use permit : (1) Motels or hotels; (2) Residential care facilities; (3) Professional care facilities; (4) Public and private commercial parking lots and parking structures ; (5) Child care nurseries if 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, is provided on the lot or adjacent to the premises. Such play lot shall not be located in any required front or side yard." 2 . * to3 "o rs w <r 2 P CD CO 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: Title 21, Chapter 21.28 of the Carlsbad Municipal Code is amended by the amendment of Section 21.28.015 to read as follows: "21.28.015 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21.50 the following uses and structures are permitted by conditional use permit: (1) Residential iises located above the ground floor of a multi-storied building when one or more of the uses permitted by Section 21.28.010 is located on the ground floor of such building; (2) Residential care facilities. These facilities may be on any floor as approved by the conditional use permit; (3) Professional care facilities." SECTION 7: Title 21, Chapter. 21.30, Section 21.30.010 of the Carlsbad Municipal Code is amended by the amendment of Sub- section (1) to read as follows: "(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 activity of which is a service customarily'carried on as a business; (F) Institutions of a philanthropic or eleemosynary nature, including correctional and mental." SECTION .8: Title 21, Chapter 21.42, Section 21.42.010 of the Carlsbad Municipal Code is amended by adding Subsections (8) and (9) to read as follows: "(8) R-A, R-l, R-2, R-3, R-P, RD-M and P-C zones: (A) Residential care facilities containing beds for six or less persons under care provided the follow- ing conditions are met: (a) The facility shall meet all requirements for the approval of such use imposed by the City Building Official and the Fire Marshal. (b) . A fenced outdoor recreation area shall be provided enclosing a recreation area of at 3. > . o m 3 o «-• °- 01•? < o>VINCENT F. BIONDO, J•Y ATTORNEY - CITY OF C1200 ELM AVENUECARLSBAD, CALIFORNIAr- U . 1 z 3 4 5 15 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 *++*_ (9)R-3 (A) (B) least two hundred square feet for each person under care. Said area shall not be located within the required front or side yards. (c) An interior recreational area or living room of at least two hundred twenty square feet, plus one hundred square feet for each person under care over two, shall be provided. (d) There shall be a minimum of seventy square feet of area in a sleeping room for each person under care. (e) A ten 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., five hundred feet of another such facility. (i) Not more than one residential care facility may be located on one lot. (j) The Planning Commission or the City Council on an appeal may modify any of the above standards, if it is found that such modifi- cation will not be detrimental to the health and safety of the residents. R-P, RD-M, C-2, and P-C zones only: Residential care facilities subject to the con- ditions of Subsection (8) and the following: (a) If over six persons under care are in - residence, 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. Professional care facilities providing the follow- ing conditions are met. (a) (b) (c) 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. Off-street parking as required in Section 21.44.130. A minimum of one hundred square feet of out- door recreation area not part of the re- quired front or side yards for* each person under care. A minimum of fifty square feet of indoor recreation area for each person under care." 4, * - o NCENT F. BIONDO, JR.'ORNEY - CITY OF CARLSBX1200 ELM AVENUE.SBAD, CALIFORNIA 92008>P * ? 2 £ O - 1 i 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .SSL c c SECTION 9: Title 21, Chapter 21.44, Section 21.44.130 of the Carlsbad Municipal Code is amended by the amendment of Subsection (24) to read as follows: "(24) USE - Residential care facility and professional care facility PARKING SPACES REQUIRED - Six or less beds: two parking spaces. More than six beds: two parking spaces, plus one space for each three beds . " EFFECTIVE DATE: This ordinance shall be effective thirty 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 the Carlsbad Journal within fifteen days after its adoption. an adjournedINTRODUCED AND FIRST READ at / regular meeting of the Carlsbad City Council held on the 27th day of April / 1976, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 4th day of May , 1976, by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Counci 1 woman Caster NOES: None ABSENT: None ^/^ * j * ' /i s fl A •*•**»/ASA^L* ~f/~ 3^Y^ro^Y C- j^e*^ ROBERT C. FRAZEE, jMayor. ATTEST: ^^ /Y /ds'Ld.tfAdy b- £;fjC&7rts&' HAR^AREJF E . ADAMS, City Clerk (SEAL) *• 5. ^ ' I