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HomeMy WebLinkAbout1979-02-20; City Council; 5653-1; Residential Care FacilitiesCITY OF CARLSBAD Initial (d/ t/t AGENDA BILL DATE: DEPARTMENT : NO: 5653, Supplement No. 1 February 20, 1979 Planning . Dept. Cty. Cty. Hd. U\ -!£•//. Atty { \V*\ Mgr. &/£& SUBJECT: Residential Care Facilities, serving 6 or less persons ZCA-102 Statement of the Matter Presently the Municipal Code requires a Conditional Use Permit for residential care facilities of 6 or fewer persons. Recent State Legislation has deleted this authority for cities to require more restrictive zoning conditions for these facilities than for single family residences in the same zone. This was discussed by the City Council on November 7, 1978, at which time you directed the Planning Commission to hold hearing amending the Municipal Code to be consistent with State Law. On January 10, 1979, the Planning Commission recommended approval of ZCA-102 as per Planning Commission Resolution No. 1489. Exhibits Planning Commission Resolution No. 1489, with attached ordinance No. 9513. Staff Report dated January 10, 1979 Recommendation If the City Council concurs with the Planning Commission you should introduce Ordinance No. 9513. Council Action: 2-20-79 Ordinance No. 9513, amending the Municipal Code to revise the zoning regulations regarding residential care facilities serving six or fewer persons was introduced for a first reading. 3-6-79 Council adopted Ordinance No. 9513. PLANNING COMMISSION RESOLUTION NO. 1489 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE ZONING REGULATIONS REGARDING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS. 4 CASE NO.: ZCA-102 10 11 23 24 26 28 APPLICANT: CITY OF CARLSBAD5 6 WHEREAS, the City Council, at their November 7, 1978 meeting directed the Planning Commission to set a public hearing8 , on Zone Code Amendment 102; and WHEREAS, the Planning Commission of the City of Carlsbad did hold a duly noticed public hearing on January 10, 1979, to consider the subject amendment; and WHEREAS, the Planning Commission received all testimony and arguments, if any, of all persons who desired to be heard, and upon hearing and considering all factors relating to Zone Code15 Amendment 102, found the following facts to exist:16 WHEREAS, the proposed amendment is necessary to bring the Carlsbad Municipal Code into conformance with recently enacted Senate Bill No. 2093; attached hereto-and made a part hereof; 20 and WHEREAS, A Declaration of Negative (Non-Significant) Environmental Impact has been issued for the following reasons: 1. The project is administrative in nature and would have only a minor impact on the environment. 2. Residential care facilities must still comply with strict health and safety standards required for State licensing. " -1-5_ A _ •*•' 24 p_ * nc WHEREAS, the Planning Commission, by the following vote recommended APPROVAL of Zone Code Amendment 102 as follows:2 SECTION 1: Title 21, Chapter 21.08, of the Carlsbad Municipal Code is amended by the deletion of Section 21.08.015. Section 2: Title 21, Chapter 21.10, of the Carlsbad Municipal Code is amended by the deletion of Section 21.10.015.5 SECTION 3: Title 21, Chapter 21.16, Section 21.16.01$ of The Carlsbad Municipal Code is amended by the amendment of Subsection (1) to read as follows: " (1) Residential care facilities serving more than six persons." SECTION 4: Title 21, Chapter 21.24, Section 21.24.020, of the Carlsbad Municipal Code is amended by the amendment of Subsection (2) to read as follows: "(2) Residential care facilities serving more than six persons.". SECTION 5: Title 21, Chapter 21.42, Section 21.42.010, of the Carlsbad Municipal Code is amended by the deletion of Subsection (8) , and by the amendment of Subsection (9) (A) to14 read as follows: "(9) (A) R-3, R-P, RD-M, C-2 and P-C zones only: ' (A) Residential care facilities serving more than six persons providing the following conditions are met ( i) The facility shall meet all requirements for approval of such use imposed by the City ' Building Official and the Fire Marshal as a Group "D" Occupancy, Division 2. ( ii) The facility shall comply with all the rules, regulations and standards required by the State Department of Social Services. . (ill) Off-street parking as required in Section 21.44.130. ( iv) The Planning Commission or the City Council on 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." SECTION 6: 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. 28 " -2- PARKING SPACES REQUIRED - (a) Residential care facilities serving six or fewer persons: same as for single family dwelling requiements pursuant to Subsection (5) of this Section. Serving more than six „ persons: two parking spaces, plus one space for each three beds. (b) Professional care facility with six or less beds: two parking spaces. More than six beds: two parking spaces, plus one space for each three beds." 5 SECTION 7: Title 21, Chapter 21.04 of the Carlsbad " 18 •^ Municipal Code is amended by the amendment of Section 21.04.145 to read as follows: "21.04.145 Family. 'Family1 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. Notwith- standing any provisions of this Title to the contrary, the residents and operators of a residential care facility serving six or fewer persons shall be considered a family for purposes of any zoning regulation relating to residen- tial use of such facilities." 'AYES: Wrench, L'Heureux, Schick, Larson, Rombotislo 14 15 16 n NOW, THEREFORE, BE IT RESOLVED that the above recitations NOES: None ABSENT: Marcus, Jose are true and correct. Vi^Wx STEPHENM. L'HEUREUj Chairman Carlsbad Planning Commission 22 ATTEST: 23 24 i-*. .-^yfSTC. "HAGAMAN/ Secretary <2o -^^Isbad Planning Commission 27 28 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) S3 I, JAMES C. HAGAMAN, Secretary to the Planning 4 Commission of the City of Carlsbad, California, do5 hereby certify that the foregoing resolution was duly6 introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting8 of said Commission held on the 24th day of January, 1979 «y 10 11 by the following roll call vote: AYES: L'Heureux, Rombotis, Schick, Wrench, Larson NOES: None ABSTAIN: Marcus, Joselo ABSENT: None 15 16 17 18 19 20 *1489 21 22 23 24 25 26 27 28 JAMES C. HAGAMAN, Secretary ' CARLSBAD PLANNING COMMISSION to „in 2 O 1 2 3 4 5 6 7 8 9 10 11 12 13 dl-l 14 i?2§ i£<§ 15\J ^ —i ^_ til O £ | 8 d 16 o o: - m S? 3 -I?> P EC J-7 v S t 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE'NO. 9513 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 REGARD- ING RESIDENTIAL CARE FACILITIES SERV- ING SIX OR FEWER PERSONS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 21, Chapter 21.08, of the Carlsbad Municipal Code is amended by the deletion of Section 21.08.015. SECTION 2: Title 21, Chapter 21.10, of the Carlsbad Municipal Code is amended by the deletion of Section 21.10.015. SECTION 3: Title 21., Chapter 21.16, Section 21.16.015 of the Carlsbad Muncipal Code is amended by the amendment of Subsection (1) to read as follows: "(1) Residential care facilities serving more than six persons." SECTION 4: Title 21, Chapter 21.24, Section 21.24.020, of the Carlsbad Municipal Code is amended by the amendment of Subsection (2) to read as follows: "(2) Residential care facilities serving more than six persons." SECTION 5: Title 21, Chapter 21.42, Section 21.42.010, of the Carlsbad Municipal Code is amended by the deletion of Subsection (8), and by the amendment of Subsection (9)(A) to read as follows: "(9)(A) R-3, R-P, RD-M, C-2 and P-C zones only: (A) Residential care facilities serving more than six persons providing the following conditions are met: ( i) The facility shall meet all requirements for the approval of such use imposed by the City Building Official and the Fire Marshal as a Group "D" Occupancy, Division 2. ( ii) The facility shall comply with all the a: <~>u NDO,OF CENUERNIA 9:5 z tcz v in >: g£<?m O 5 D IL • 3<u,0 2 ^| 8 0IU Z (N <fO JC - S 2 H "> p ttrf< -*• 0 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 rules, regulations and standards, required by the State Department of Social Services. (iii) Off-street parking as required in Section 21.44.130. ( iv) The Planning Commission or the City Council on 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." SECTION 6: 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 - (a) Residential care facilities serving six or fewer persons: same as for single family dwelling requirements pursuant to Subsection (5) of this section. Serving more than six persons: two parking spaces, plus one space for each three beds. (b) Professional care facility with six or less beds: two parking spaces. More than six beds: two parking spaces, plus one space for each three beds." SECTION 7: Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the amendment of Section 21.04.145 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. Notwithstanding any provisions of this Title to the contrary, the residents and operators of a residential care facility serving six or fewer persons shall be considered a family for purposes of any zoning regulation relating to residential use of such facilities." 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 it adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbac City Council held on thej>Oth day of February , 1978, and thereafter 2. CD</5 S9 u; . 5 < 2 z I Q ll"§> i- oc 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 PASSED AND ADOPTED at a regular meeting of said City Council held on the 6th day of March i 1978 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Council woman Casler NOES: None ABSENT: None RONALD c. PACKARD, Mayor ATTEST : A ALETHA L. RAUTENKRANZ, City Cle/k (SEAL) STAFF REPORT DATE: January 10, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: CASE NO. ZCA 102, Residential Care Facilities Serving Six or Fewer Persons REQUEST: Zone Code Amendment to Delete Authority of the City to Impose More Restrictive Zoning Conditions on Certain Residential Care Facilities Than on Similar Residences in Same Zone Recommendation Staff recommends that ZCA 102 be APPROVED as set forth in the attached draft Ordinance for the following reason, : The proposed amendment is necessary to bring the Carlsbad Municipal Code into conformance with recently enacted State Law. Background The existing Municipal Code allows the City to require Conditional Use Permits for residential care facilities or impose on them stricter zoning conditions than would be imposed on similar dwellings in the same zone, as may be deemed necessary for the health and safety of the residents. Recent State legislation (SB No. 2093, attached) has deleted the authority of cities to require more restrictive zoning and health and safety conditions of residential care facilities with six or fewer persons served, than of single family residences in the same zone. In addition, the State legislation requires that persons and operation of such a facility be considered a family for the purposes of any zoning regulation relating to residential use of such facilities. In the past, the City has allowed several residential care facilities to operate under the conditions of a Conditional Use Permit. Recently, an application for such a permit has been processed for a residential care facility. Pursuant to recent State legislation, the requirements of this Conditional Use Permit have been deleted, and the facility has been allowed to operate in the zone as a matter of right. Environmental Impact Information A Declaration of Negative (Non-significant) Environmental Impact has been issued for the following reasons: 1. The project is administrative in nature and would have only a minor impact on the environment. ZCA-102 December 27, 1978 Page two 2. Residential care facilities must still comply with strict health and safety standards required for State licensing. Discussion The proposed Zone Code Amendment is necessary to bring the Municipal Code into conformance with recently enacted State legislation. This proposed amendment will delete or revise code sections that require a CUP for residential care facilities serving six or fewer persons, or which impose special regulations not required of similar residences in the same zone. This action will also revise sections of the Code relating to parking requirements for residential care facilities, with six or fewer persons served, and will include residents and operators of such facilities in the definition of "family". The Zone Code Amendment will impact all areas of the City where single family residences are a permitted use. This impact will be minor, however, since residential care facilities are licensed by the State, and, as such, must conform to stringent health and safety requirements. Attachments Draft Ordinance NO. 9513 State Senate Bill No. 2093 •V '14 I 1 I , • (• *O « ~ 2. £i ° £" rT "* 2 • ^* 2 2 3 ^ o 2 *3 fa "^ ° 2 2 ,_, ""^ **" ~- 5 3 ° £> ,^ f. l? i l II lill . 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S"cT2-4?^g K^la si.82,113 on clearance oration to a residelocal ordinancesthe bill, providerance, license peotheentiafromd the-ermit,p-o N o 2,0 „ S. g E? ~ =* ^=• s. i M •< cr »«^ f3 3 3 o SJ'<2.3 w s;» ~ go rr. «• ^ p (g 3—>» ti H _. n» r*" o g^ s- D3 ? « g- S o -"Ci ° a £!."?•»•^E" 2 S S "i?S?*s»51"§"3 2.3 |- 3- '» 0) <N •!ideninO5 3 p •^ *^ *«-•single family dwellingsit tho State Fire Marshal or anor enforcing fire inspectioncilities which serve 6 or fcsre that, whether or not unesidential facility which serresidential use of propertythat the residents and opefamily for the purposes of as to the residential use ofsuch use of a single familRcquirb the Statate Department ont a statewide prnt numbers andby such departmdevelopment oannual reportencinR in 19SO.I'Aompl A resideny business lux, lentia, localwtire nocallatiopersons.ated perves 6 or ffor the purators of sany law or zproperty purly dwelling doaryregereoseaningntnocrsupcousw?r posesrennso o ° cT o o y §^3.2.rSsS ~ s- ~ ™ oS- £ s ^ « S <&£3 0-5:^5- n ^* n> A cs ra ca iewise subject.tity from charg-with respect tohich son feees 6 oe perer personsoe, or oilierDepartMentalgram to eypes of lints, to conspecified pnd recommeHent oalth toncouraing arult witrocedumendatDeveloprr.er.tjointly develge the establrangementsh specified orgres, and to sutions to the L!p anshmeranibtnegServicesand im-ment ofpersonsizationstnit pre-latureto f c : .»' !• SECTION 1. Section 1502 of the Health ar.d Safety Code isamended to read:1C02. As used in this chapter:(a) "Community care facility" means any facility, place, orbuilding svhich is maintained and operated to provide nonmedicajresidential care, day care, or homcfinding agency services forchildren, cdults, or children and adults, including, but not limited to,the physically handicapped, mentally impaired, or incompetentpersons, and includes the follosving:(1) "Residential facility" which means any family home, groupcare facility, or similar facility determined by the director, for24-hour nonmcdical care of persons in need of personal services,supervision, or assistance essential for sustaining the activities of 'dailyliving or for the protection of the individual.(2) "Residential care facility for the elderly" which means a grouphousing arrangement chosen voluntarily by residents who are over62 years of age and who are provided varying levels of supportiveservices or care, as agreed upon at the time of admission, based upontheir varying needs.(3) ."Day care center" which means, any facility which providesThe people of the State of California do enact us follows:This bill would take effect immediately as an urgency statute.the State Department cf Social Services to specify the licensing en-tity \vith respect to each ar.d its licensed capacity. The bill would alsorequire quarterly updates, commencing July 1, 1979, listing facilitiesncsvly licensed since publication of the last complete list or lists.(3) Existing law defines the term "community care facility" forpurposes of provisions relating to liccnsure thereof and specificallyincludes certain types of facilities within the definition.This bill would define and include "foster family home" and "resi-dential care facility for the elderly" as distinct categories of commu-nity cure facilities within such definition. .(4) Ivcisting !:iw does not require the denial of an application fora new residential care facility license because of an overconcentra-tion of such facilities in the area where the nesv facility would belocated.This bill would define "overconcentration" in terms of a separationdistance of 300 feet, with specified exceptions. The bill would requirethe Director of Social Services to deny any application for a newresidential care facility, where the director determines that the loca-tion would result in overconccntration. The bill would authorize thedirector to approve a lesser separation with the approval of theaffected city or county. • . ••(5) This bill would also provide that there shall be no reimburse-ment of, nor appropriation fcr, costs, incurred by local agencies fora specified reason.Iu n •s •r V M "5 V 3 t; — —>«—- °a2c>H.Pocr: 2~ ~ — ° o x >^l I C 8 2. - . 7- -of this article.• • This section shallnot be construed to prohibit any interested party• from bringing suit to invoke the provisions of this article.1 1566.2. A residential facility, which serves six or fewer persons' shall not be subject to any business taxes, local registration fees, usepermit fees, or other fees to which other single family dwellings arenot likewise subject; Nothing in this section shall be construed tosrit-.j< — X O en ~ZSx-'So Soit* " -* ^3 »— Xc $ Z « ' 8. ~^2 -• -z. £. •> !» 3-3 1 - ""o x ° ."••<£• ?•= 0 o -S 2.2. 5- ° "* n ~ 3? ii- r* _ i" X^* — • /} *-» o *< ° "* 3 3 ">ss-s-g-i, •S "3 — ^ 0~ 2. =r S 3^ < ° S» S. a o S-;v n <n ,." « 2 o 5 IPls-" o a K. „CTX - ,T> 3- 3|-?»«a — *t -i ^"< 2- S' <9 °„ 3" f; ^ -;M r3 — . *J.S C D- C. S. 0 0 ^^ °g" " ° =•. -"2 =rS.orr '> ~*«33?5-•s-^.s?^- <5S^3: S".|^-o§ 5- J ? b*„ O f> O -• • • 5' 5"2-^2^ O •"* 5-Z-5~Zzn -y n ?? 2o " ,-3 0 P"S 8-< 0 •"o S."t 3 ?2 *"5 »c" —5 o oP ?5! > — oo' ^0 ^3 2y*i, 3 2E. O X* 3^- too ' •O oo o•1 Win0 33 0v» -*• 1566. The Legislature hereby declares that It is the policy of this. state that each county and city shall permit and encourage thedevelopment of sufficient numbers and types of residential carefacilities as are commensurate with local need.The provisions of this article shall apply equally to any charteredcity, general law city, county, city and county, district, and any other• >«-, 2!c»* -4 g* 0a_ ra• ow 5" 3"• 3 . . •• * *section:(I) The League of California Cities, County SupervisorsAssocialiotl of California, and representatives of other local agencies.(2) Organizations or advocates for clients receiving services inresidential cure services.(3) Providers of residential care services.Each department shall also prepare and transmit to theLegislature on or before March 31 of each year, commencing in 1950,an annual reoort detailing obstacles to assuring sufficient numbers cfliving arrangements for persons served by each department,detailing obstacles to providing an adequate quality cf care andservices to persons served by each department who reside in,• residential facilities, and containing appropriate recommendationsfor legislative; action. • - .. "SEC. 3. Article 1 (commencing with Section 1565) is added to• Chapter 3 of Division 2 of the Health and- Safety Code, to read:• . *Dcnartmcnt of Developmental Services and the State Departmentof Mental Health shalf Jointly develop and implement a statewideprogram for encouraging the establishment of sufficient numbersamf types of living arrangements, both in communities and statehospitals, as necessary to meet the needs of persons served by thosedepartments. 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