HomeMy WebLinkAbout1976-04-20; City Council; 3607-1; Residential-Professional Care FacilityCITY OF CARLSBAD
AGENDA BILL NO. 3607 Supp. #1
DATE: April 20, 1976
DEPARTMENT:PLANNING DEPARTMENT
Initial:
Dept.Hd.^
C. Atty.
C. Mgr.
Subject:RESIDENTIAL-PROFESSIONAL CARE FACILITY
(ZCA-70)
Statement of the Matter*
The City Council instructed the Staff at the April 6, 1976 meeting
to more precisely define Residential Care Facilities outlined in
Chap.ter 21.04.300 of Draft Ordinance 9455. The attached Staff
report outlines the proposed definition and it is considered to be
consistent with State definitions with respect to Residential
Care Facilities.
Exhibit
Staff Report, 4/ 776.
Ordinance No. 9455
RECOMMENDATION: If the^City Council is satisfied with the definition
of Residential Care Facilities as presenfefin the attached Staff
report, the Council should adopt Ordinance 9455 with the new definition
for Residential Care Facilities.
Councilaction t
4-27-76 Ordinance #9455 was 'introduced for a first reading, incorporating
staff recommendat-ton stated in Memorandum from the City Manager
dated April 15, 1976.
5-4-76 Ordinance #9455 was given a second reading and adopted.
MEMORANDUM
DATE: APRIL 15, 1976
TO: CITY COUNCIL
FROM: City Manager
SUBJECT: PROPOSED ORDINANCE - RESIDENTIAL CARE FACILITY
The City Council, at its April 6, 1976 Council meeting, reviewed
proposed Ordinance No. 9455 regarding zoning regulations for
residential and professional care facilities. As part of that
review, the Council found that the definition of residential
care facility under Section 21.04.300 of the proposed Ordinance
was not adequate and referred the matter back to the staff for
clarification.
The staff is recommending that the definition of residential
care facility be amended in the proposed Ordinance as follows:
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.
This proposed definition is identical to the language used in
the State Code covering such matters, and should clarify its
intent. In presenting its original proposal to the Council,
the staff was attempting to bring the City Code Sections into
conformity with our interpretation of the State Law, and the
proposal with the suggested amendment does that. The Council
may, as a matter of local policy, provide in the Ordinance
greater flexibility than provided by State Law. If the Council
wishes to do so, you may wish to again refer the matter to the
staff for further revision.
As presently prepared and recommended, the Ordinance does
not attempt to predetermine that any specific organization
qualifies for a conditional use permit, but allows that deci-
sion to be made as part of the conditional use permit hearing
process.
PAUL D. BU«SEY
City Manager
PDB:jIw