HomeMy WebLinkAbout1979-08-07; City Council; 5794-1; Senior Housing OrdinanceCITY OF CARLSBAD
Initial
AGENDA BILL NO: cT7 <? </ ~
DATE: August 7, 1979
DEPARTMENT: Planning
SUBJECT:
SENIOR HOUSING ORDINANCE,
Statement of the Matter
On March 20, 1979, the City Council reviewed the draft ordinance prepared by the City Attorney
permitting development of .senior housing in the City of Carlsbad. At that time the staff
report noted that significant changes had been made' in the draft ordinance since it was before
the Planning Commission December of 1977. Also noted was that there needed to be some.
clarification of the maximum density standards. The City Council found the draft ordinance
acceptable and returned it to the Planning Commission for a report and new public hearing on
the matter. . •'.•••
The Planning. Commission.held this hearing on July 11, 1979. Although the Planning. Commission
had originally approved the ordinance, they felt that the additional changes made were
unacceptable and have recommended that this ordinance be denied. The Commission action
recognizes the desirability of providing housing for senior citizens-, but notes that the
draft ordinance, as submitted, falls short in several, respects: 1) No assured method of .
rent" control; 2) No significant beenfits appear to be returned to the City in exchange
for reduced development standards;.3) The age limit appears to be low in relation to the
assumed reduction in mobility, the relaxed standards in density, and parking.
The Planning Commission did not, however, find a problem'with the proposed 75-units per acre
provision even though the general plan indicates 20 units per acre. They felt that the
additional density and a reduction of parking was acceptable if proper guarantees were made
•to the.City to insure that this development met the above noted concerns.
Exhibits • .
Memo from Redevelopment Coordinator, dated July 25., 1979
Planning Commission Resolution No. 1533 • . *
Excerpts of Planning Commission minutes of July 11, 1979
Staff-report, dated July 11, 1979
Memo from Redevelopment Coordinator, dated March 14& 1979, with attachments, Exhibit 1 § 2
RECQMCNDATION ' . . .
If, after hearing public testimony, the City Council concurs with the Planning Commission
it should, by minute motion, DENY ZCA-85 as per'Planning Commission Resolution #1533. If
the City Council, however, wishes' to APPROVE this Zone Code Amendment, it should introduce
the attached ordinance approving ZCA-85 as 'contained in the staff report dated July 11, 1979.
This action does not have to be returned to the Palnfting Commisson since their hearing of
July 11, 1979 was • for report on the City Council's .original modifications. Finally, if
Council desires to modify the ordinance to accommodate Planning Commission concerns, it
should direct staff to prepare documents in accordance with the July 25, 1979 memo attached.
Agenda Bill No. 5794 - Supplement #1 Page 2
Council Action:
8-7-79 Council introduced Ordinance 9528, amending the Municipal Code
to provide for Senior Citizen Housing by Conditional Use Permit
in the R-P Zone.
8-21-79 Council adopted Ordinance No. 9528.
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PLANNING COMMISSION RESOLUTION NO. 1533
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF A ZONE CODE
AMENDMENT TO TITLE 21 OF THE MUNICIPAL CODE OF CARLSBAD,
TO AMEND CHAPTER 21.18 TO PROVIDE FOR PRIVATE SENIOR
HOUSING.
CASE NO:
APPLICANT:
ZCA-85
CITY OF CARLSBAD
WHEREAS, the City Council of the City of Carlsbad directed
staff to prepare a Zone Code Amendment allowing senior citizen
housing within the City, subject to certain conditions; and
WHEREAS, the Planning Commission reviewed a draft ordinance
in October of 1977 and adopted Planning Commission Resolution No.
1409 setting forth its findings and recommendations; and
WHEREAS, in November of 1977 the City Council returned the
Zone Code Amendment to staff for further review and report; and
WHEREAS, pursuant to City Council direction, the Planning
Commission did hold a duly noticed, public hearing on July 11,
1979 to consider the revised Zone Code Amendment; and
WHEREAS, the Planning Commission received all testimony and
arguments, if any, of all persons desiring to be heard, and
upon hearing and considering all factors relating to the Zona Code
Amendment 85, found the following facts and reasons to exist:
1. The proposal provides no assurance of rent control.
2. No significant benefits appear to be returned to the City in
exchange for reduced development standards. No assurance has
been given that reduced building standards will be compensated
by reduced rental rates.
3. The age limits appear to be low in relation to the assumed
reduction in mobility, the relaxed standards in density, and
parking.
1 WHEREAS, the Planning Commission, by the following vote,
2 DENIED ZCA-85, as per Exhibit A, dated February 16, 1979, attached
3 hereto:
4 AYES: L'Heureux, Wrench, Marcus, Jose, Larson
5 NOES: None
6 ABSTAIN: Schick
7 I ABSENT: Rombotis
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9 I NOW, THEREFORE, BE IT HEREBY RESOLVED, that the aforementioned
10 I recitations are true and correct.
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12 aKP^ws^
L L'HEURUEK,STEPHEN M. L'HEURUEK, Chairman
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
15"
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17 JAMES C. HAGAMAN, Secretary
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;HIBIT A 1979
ORDINANCJS NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 21, CHAPTER 21.18 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF
SECTION 21.18.045 TO PROVIDE FOR SENIOR
CITIZEN HOUSING BY CONDITIONAL USE
PERMIT IN THE R-P ZONE.
The City Council of the City of"Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.id of the Carlsbad
Municipal Code is amended by the additional of Section 21.18.045
to read as follows:
"21.18.045 Senior Citizen Housing By Conditional Use
Permit, .(a) This section is intended to provide a vehicle_
whereby the City Council may foster the development of
rental housing available only to senior citizens by making
available a conditional use permit for such development
which can give an increase in density over what would otherwise
be permitted in the zone.
(b) The City Council may approve a conditional use
permit for privately developed senior citizen rental housing
on property in the R-P Zone where the general plan applicable
to such property permits residential uses. The provisions
of Chapter 21.42 of this Code shall apply to such permits
except as modified by this section.
(c) In addition to the findings required by Section
21.42.020 the conditional use permit shall be granted only
if the City Council finds that the project's location will
afford the residents of the project easy access to community,
commercial and service facilities.
(d) If a conditional use permit is approved, the
following conditions of approval shall be met:
1. The minimum age of at least one of the
occupants of each unit shall be sixty-two years df age.
2. All buildings exceeding two stories shall
include elevators.
3. All development standards of the R-P Zone
shall be satisfied.
4. Parking areas shall be improved in conformance
with the development standards of Chapter 21.44.
5. Parking spaces as required by the conditional
use permit sha.ll be available to the tenants of the project
at no fee.
6. Any other conditions deemed necessary to
protect the health, safety and general welfare of the residents
of the project and the general public.
(e) Upon request by an applicant, and in return for
his agreement to develop and operate the project in accord-
ance with this section, and the terms and conditions of the
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cpnditional use permit, the City Council may, notwithstanding
anything in this Code to the contrary, apply the following
special standards to the project:
1. A reduction in the number of parking spaces
which would otherwise be required for the project, may be
granted. The City Council shall determine the parking to be
required for the project provided a minimum of one space for
each four dwelling units shall be provided.
2. An increase in the number of dwelling units
per acre which would otherwise be permitted for the project
may be granted. The City Council shall determine the number
of units to be permitted for the project not to exceed a
maximum of sixty- five dwelling units per net acre.
(f) An application for a conditional use permit under
this section shall be accompanied by a site plan, landscape
plan, elevations, detailed methods of maintenance and a plan
showing how the project can be altered to bring it into
compliance with the standards of the R-P Zone. If the plan
is approved, the applicant shall submit detailed site and
building plans showing the conversion for approval of the
Planning Director prior to the issuance of building permits.
If approved, such plan shall be a part of the conditional
use permit.
(g) The City Council has determined that the deviation
from the standards 'of the Zone is only . justified if it
results in the provision of housing for senior citizens.
In order to insure that a senior citizen housing
project is constructed, operated and maintained in accordance
with the requirements of this section and the conditional
use permit, or if it is not so constructed, operated or
maintained, that it is brought up to the standards of the
Zone pursuant to the approved conversion plan, the City
Council finds it necessary to hold an equity position in the
project. In the event that a developer wishes to take
advantage of the special standards contained in this section,
the developer, as a condition of approval, shall grant the
City an equity position in the project as follows:
1. The City Manager or his representative shall,
in concert with the developer, determine the total land area
required for a standard project of the magnitude of the
proposed project. From this figure the land area of the
proposed project shall be deducted. The figure resulting
from this computation shall be referred to as the "project
area differential".
2. The City Manager and the developer shall then
arrive at the value of the project area. This can be done
either through negotiation or appraisal made by a qualified
MAI appraiser jointly agreed upon by the City Manager and
the developer. The cost incurred in this effort shall be
the responsibility of the developer. If the developer and
City Manager do not agree, the matter shall be referred to
the City Council whose decision shall be final.
3. Upon determination of the value of the project
area differential, the developer shall convey to the City of
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Carlsbad a second trust deed or other security as approved
by the City Attorney in such amount and at an interest rate
equivalent to that determined to be the area's secondary
mortgage market rate. This rate shall be determined by the
City Manager based on a survey of three major lending
institutions providing second mortgage loans. No payment
shall be required on this note except as hereinafter provided.
The second trust deed or other security may be subordinated
to a first trust deed or the construction loan for the project.
4. In addition to all other remedies provided
by lav;, if the City Council determines that the project is
being operated or maintained in violation of any of the terms
of this section or the conditional use permit, or if
the project is used for other than senior citizen housing,
all principal and accrued interest shall become immediately
due and payable. The developer shall have the options in
retiring the note to pay in cash or convert the development
to meet the standards of the Zone. Upon payment or conversion
the City will convey its interest in the project back to the
developer/owner.
5. The security required by this subsection
shall be transferable upon sale so long as the buyer agrees
to abide by the terms of this section and the conditional
use permit. If the buyer does not so agree, all principal and
accrued interest shall become immediately due and payable.
(h) The conditional use permit and the conversion plan
shall be recorded in the Office of the County Recorder for
San Diego County. . -..
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.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of_ ,
1979 and thereafter
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PASSED AtWADOPTED at a regular
Council held on the day of
of said City
, 1979 by
the following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
4.
MEMORANDUM
DATE: March 14, 1979
TO: CITY MANAGER
VIA: James Hagaman, Planning Director
FROM: Jack Henthorn, Redevelopment Coordinate
SUBJECT: SENIOR HOUSING ORDINANCE STAFF REPORT
ORDINANCE SYNOPSIS
Attached hereto, as Exhibit I, is a copy of the City Attorney's
approved draft Senior Housing Ordinance. The Ordinance, as pro-
posed, contains the following provisions to encourage construction
of low income, restricted, private senior citizen housing in the
R-P zone.
Project by project approval via a Condition
Use Permit process.
An age restriction.
The following special standards which, upon request,
may be granted by Council:
a. Parking standard reduction to a minimum
of one space per 4 units.
b. An increase in the number of permitted
dwelling units per acre to a maximum of 75.
In return for a deviation from the zoning standards, the applicant
is required to meet the standards outlined above and to grant the
City an interest accruing equity position (subordinated) for the
purpose of ensuring that the project will be maintained as senior
housing stock or brought up to meet standard development criteria.
This note is transferable upon sale so long as the buyer agrees
to abide by the terms and conditions of the permit originally
granted or as subsequently amended. The secured equity methodology
for regulating conversion appears to be implementable.
CLARIFICATION OF DENSITY REQUIRED
The only issue appearing to require additional consideration is the
density provision. This is necessary due to the wide variation
between the Ordinance's 75 units per acre provision and the
General Plan's 10-20 units per acre designation. This issue has
been analyzed and forwarded to the Planning Director (Exhibit 2)
for resolution.
It appears as though this issue can be resolved in concert with
the public hearing process required in the normal course of adoption,
This approach will expedite processing of the Ordinance.
EXHIBIT 2
MEMORANDUM
TO: JAMES C. HAGAMAN, Planning Director
FROM: JACK HENTHORN, Redevelopment Coordinate
SUBJECT: SENIOR HOUSING (ZCA-85)
Background
A little over a year ago I was asked to assist in finalizing a
senior housing ordinance which had been in process since 1976.
In August of last year Council took action directing that documents
be prepared which would not be income-restrictive, but which
would discourage conversion to other than senior occupancy. Under
Council direction this was to be accomplished via an approach where
the City would realize a secured position in the project.
Current Status
This approach has been refined to the point where the City Attorney
has prepared a draft ordinance in a form ready to begin the
hearing/adoption process. Due to the significant changes in the
ordinance since it was last heard by the Planning Commission in late
1977 and the amount of time since elapsed, it appears advisable
to recommend that it be returned to the Commission along with the
ordinance orginally recommended in Planning Commission Resolution
1409.
Density Issue
My original involvement in this project was to devise a regulatory
tool, based upon my knowledge in the areas of project finance and
housing programs. However, in drafting the regulatory sections
of the ordinance, an analysis of the density provision was made.
If the specific density is as identified by the General Plan RMH
designation the maximum is 10 to 20 units per gross acre. The
ordinance, as presented, affects a 75 units per acre density
which appears to be within the range of the original proposal.
I cannot address the merits of the 75 unit per acre density from
a planning standpoint and raise the issue only to clarify the
effect of the ordinance. It appears, however, that some policy
statement is needed on the part of the Commission and Council to
clarify the intent and application of the ordinance in light of
the General Plan provision.
I have prepared the fiscal/regulatory provisions of this ordinance
but feel this item is primarily a professional planning issue.
I will be recommending to Council that this issue, as well as
changes to the ordinance as originally recommended by the Commission,
be returned to the Commission for a report and recommendation prior
to final Council consideration.
JH: ms
3/15/79
PLANNING COMMISSION MINUTES
. July 11, 1979
•""Page Five (5)
D. ZCA-85, City of Carlsbad, Zone Code Amendment to
Title 21 of the Municipal Code of Carlsbad, to
amend Chapter 21.18 to provide for private senior
citizen housing.
Dave Abrams presented the staff report, recommending
approval of the proposal.
Jack Henthorn, Redevelopment Coordinator, explained the
mechanics of the equity proposal contained in the ordinance.
Chairman L'Heureux asked staff if such an equity proposal
had been employed elsewhere.
Mr. Henthorn responded that the proposal has never been
tested in the Courts or anywhere else as of this date.
Ch'airman L' Heureux asked how such a program would be
enforced, absent rent control or limits.
Mr. Henthorn indicated that there are three options open
regarding senior citizen housing: 1) CUP process, 2) CUP
process with the equity program, and 3) rent control. The
Council has indicated that they did not wish to enter into
rent control projects, and prefered the granting of sub-
standard units for seniors in lieu of rent restrictions
or income restrictive programs. At the time that these
units should wish to convert to standard units the City may
require demolition of the units, upgrading of the units,
a cash settlement to bring them up to standard, additional
parking, etc. This would be enforceable through the Second
Trust Deed provision.
The Assistant City Attorney pointed out that the equity proposal is i:
addition to the standard enforcement procedures inherent
in the CUP process.
Cdmirtissigner Wrench indicated his impression that such an
ordinance would enable substandard housing with no guarantees
to the City or the occupants.
Staff related that Article 34 referendum had recently been
defeated. Without Article 34 the City's ability to become
active in the housing market is severly restricted. He
pointed out that the market should control rent gouging and
the CUP process should control regulation and enforcement of
the conditions.
THE PUBLIC HEARING OPENED AT 8:35 P.M.
William Rick, of Rick Engineering, indicated that his firm
is still interested in pursuing the project. He believes
'the CUP requirements are enforceable and will comply with the
PLANNING COMMISSION MINUTES
July 11, 1979 f*
?age Six (6)
conditions as a matter of self protection. He does not
view the units as substandard, but rather built to a
specific purpose and intent. His lending institution
has indicated that they are still willing to lend against
the project, and may do so with the Second Trust Deeds
if absolutely necessary. He indicates that he would like
to bring a Specific Plan back in the near future.
THE PUBLIC HEARING CLOSED AT 8:45 P.M. WITH NO FURTHER
PUBLIC TESTIMONY.
Commissioner Wrench inquired as to the 62 age limit.
Staff noted that the age for Social Security eligibility
is 62 and that the age of 62 is commonly accepted as a
standard throughout the State and Federal Governments.
The Commission expressed concern regarding minimum require-
ments of the units, landscaping, setbacks, parking, etc.
Staff indicated that the guidelines set by HUD or the Uniform
-Building Code may be set for the units, but that most of the
standards currently present in the Code would be applicable.
Commissioner Wrench related that the approach was novel and
creative but that he did not believe it was workable as
submitted. In the absence of some form of rent control it
appears the City is receiving nothing in return for their
compromising of amenities.
'Commissioner Schick commented that he may be abstaining from
voting on this item due to the history of this matter, in that
there are many ramifications to senior citizen housing within
the City of Carlsbad that he is not privy to, as a new
Commissioner.
Commissioner Larson indicated his belief that the City has
a moral obligation to provide senior housing, and should be
proud to do so. He would like to see the units built as
proposed with some form of rent control.
Chairman L'Heureux related that senior housing is desirable
for the City and the zoning is appropriate. Under the CUP
process the City would have as much control as under any
other process, but questoned the assurance that such housing
will remain available and affordable for senior citizens.
A motion was made forwarding ZCA-85 to the City Council with
a recommendation for denial based on the fact that no assurance
has been given that reduced building standards will be com-
pensated by reduced rental rates, and further, that the proposed
-enforcement techniques appear to be untried, overly complicated,
.and costly.
c •* PLANNING COMMISSICS^MINUTES
July 11, 1979
Page Seven (7)
Chairman L'Heureux indicated that senior citizen housing is
desirable in the R-P zone, if such a proposal can be properly
worded. The draft as presented does not assure adequate return
to the City for their considerations. Also a review of the
General Plan Housing Element may afford some additional guidance.
Commissioner Schick indicated that reason #2 of the Staff
Report, dated July 11, 1979, assured that each project would
be considered on its own merits.
The motion was withdrawn by its maker, with the concurrence
of the second.
A motion was made forwarding ZCA-85 to the City Council,
with a recommendation for denial, together with the comments
that the Planning Commission recognizes the desirability of
providing housing for senior citizens, but.that the draft
ordinance, as submitted, falls short in several respects:
1J No assured method of rent control;.2) No significant
benefits appear to be returned to the City in exchange for
reduced development standards; 3) The age limit appears
to be low in relation to the assumed reduction in mobility,
the relaxed standards in density and parking.
DENIED
MOTION: Wrench
SECOND: Marcus
r - • AYES: L'Heureux, Larson , Wrench, Marcus,
Jose,
ABSTAIN: Schick
Chairman L'Heureux then called a ten minute break.
The meeting was called to order by Chairman L'Heureux at 9:30 P.M.
E. CUP-42 G, Sparks, Conditional Use Permit to develop a
14 acre recreational facility on property generally
located North of Palomar Airport Road.
Dave Abrams presented the staff report.
Commissioner Larson asked that condition #14 be expanded
to include the provision that the Planning Director must
approve the landscaping and irrigation system prior to
finaling of the project. He also asked that condition #4
reflect that the Planning Director may bring the project:
back before the Planning Commission at his sole discretion.
Commissioner Jose asked the identity of the future uses
proposed.
Staff responded that the ideas are conceptual only at this
point, and therefore were not referenced on the plans.
c
STAFF REPORT
DATE: July 11, 1979 ,
TO: Planning Commission
FROM: Planning Department
SUBJECT: ZCA-85, SENIOR CITIZEN HOUSING
BACKGROUND
The Planning Commission originally reviewed a draft ordinance
pertaining to this item in October, 1977. At that time, Resolu-
tion No. 1409 was adopted by the Commission, recommending the
Zone Code Amendment be approved by the City Council. A copy of
Resolution No. 1409 and the accompanying draft ordinance is
attached.
The City Council discussed the proposed ZCA at public hearings
during November, 1977. Areas of concern expressed by the Council
included: rent control, rent subsidy, age and income restrictions,
and the Section 8 Housing Program. They directed staff to investi-
gate and analyze these issues and report back to the Council.
In August, 1-978 a report was presented to the City Council by
the City Redevelopment Coordinator. The report included a dis-
cussion of the issues and put forth three alternative approaches
to Senior Citizen Housing. After discussion, the Council directed
the City Attorney to prepare a new draft ordinance, that included
language which would discourage conversion of senior citizen
housing units to other than senior occupancy.
The City Attorney's draft ordinance was brought before the Council
on March 14, 1979. Due to the significant changes made in the
ordinance since it was last before the Planning Commission, the
City Council directed that the new draft be returned to the Com-
mission for a report and recommendation pending Council hearings
on adoption. • .
DISCUSSION .• •"• •• i ' • -'• ' •'-" • •
The proposed Zone Code Amendment will modify the Zone Code
chapter regulating the Residential-Professional (R-P) Zone. A
section will be added that would .allow, with the approval of a
Conditional Use Permit, housing developments only to senior
Staff Report: ZCA-8*!f
Page Two .
citizens. Unlike other CUP's, this conditional use permit
would require review and approval by the City Council.
The proposed section identifies a set of special conditions of
approval that must be met. These include: a minimum age for
at least one occupant; the inclusion of elevators for buildings
over two stories; conformance,with all R-P zone development
standards; properly improved parking areas available to the
tenants at no fee; and other conditions considered necessary to
protect public welfare and that of the residents of the project.
The ZCA has other special features. In exchange for the provision
of housing expressly for senior citizens, the City Council, in
their approval of the Conditional Use Permit, may grant a deviation
from the standards of the R-P zone, by reducing the required number
of parking spaces and allowing an increase in the number of dwell-
ing units per acre otherwise permitted. Specifically, the Council
may grant a reduction in parking to a minimum of one space for each
four dwelling units. The City Council may also determine the num-
ber of dwelling units to be permitted, not to exceed a maximum of
seventy-five dwelling units per net acre. However, the new section
provides that an application for a Conditional Use Permit include
a plan showing how the project can be altered to bring it into
compliance with the standards of the R-P zone. This conversion
plan, approved by the Planning Director prior to issuance of build-
ing permits, becomes part of the CUP.
The proposed code amendment provides that if the special standards
mentioned above are requested by a developer, then an equity posi-
tion in the project must be granted to the City. This program is
intended to ensure that the senior citizen housing project is con-
structed, operated and maintained in accordance with the CUP and
the special requirements of the section such as minimum age of
residents, elevators, etc. This equity position shall be in the
form of a second trust deed or other security as approved by the
City Attorney. If the City Council determines the project is being
-operated or maintained in violation of the terms of the Code section
or the conditional use permit, or it reverts to a use other than
senior citizen housing, the principal and accrued interest becomes
immediately due and payable. The applicant then has the option of
paying off the note in cash or converting the development himself
according to the previously approved conversion plan, to meet the
standards of the Zone.
The zone code amendment is thus a trade-off situation. The developer
.is allowed special consideration for added dwelling unit density
and reduced parking requirements, in exchange for providing needed
housing specifically directed at the senior citizen population.
The equity position required by the City is a form of guarantee or
security to ensure that the project functions properly, and does,
in fact, remain as housing for seniors.
• Staff Report: ZCA^o
Page Three
There are several critical issues from a planning standpoint that
should be identified regarding the proposed code amendment. First,
the permitted maximum density yield of seventy-five dwelling units
per net acre was somewhat arbitrarily drawn. Similar senior hous-
ing ordinances in San Diego County vary in permitted density from
50 to 100 DU's per acre. The 75 DU per acre figure was drawn as a
mid-range , not based on any firm planning principle. The
number could be altered either up or down, or the density ceil-
ing could be eliminated entirely. Since the City Council deter-
mines the number of units to be allowed on an individual project
basis, a maximum number might not be necessary. However, the
ceiling figure is valuable in that it does tend to guide potential
applicants in the development of proposed projects.
Similarly, the degree of relaxation of parking standards permitted
by the proposed ordinance, is open to question. The City Council
may grant a reduction in the number of parking spaces which
would otherwise be required for a senior project, to a mimimum of
one space for each four dwelling units. The theory involved in
this reduction is that senior citizens living in relatively small
dwelling units, have fewer cars than the general population. They
basically rely on public transportation, friends and relatives to
meet their mobility needs. The one space per four DU's minimum is
again a mid-range figure between the standard zone requirement and
the zero parking standard found in one San Diego County city's
senior housing ordinance. Once again, as written, the new ZCA
will allow the Council to make reductions in the parking require-
ments for particular senior projects, but the maximum reduction or
any reduction for that matter, need not be granted.
Another planning issue raised by the proposed Code amendment is
the appropriate zone or location for senior citizen housing pro-
jects. This ordinance would confine special senior housing to the
Residential-Professional (R-P) zone. This zone is considered a
transitional area from residential to commercial development.
Presently, R-P zoned property is predominately located within the
Central Business District, although other areas are located along
Pio Pico Drive near the Civic Center and a small portion of La
Costa. The code amendment would potentially allow senior housing
projects in all of these areas. It is conceivable that other
higher density residential zones and even some commercial zones
such as the Commercial-Limited Residential (C-LR) Zone could
accommodate senior housing. Future code amendments could imple-
ment such a determination.
Finally, the matter of appropriate timing for this ZCA cannot be
avoided. While it is true that the senior housing ordinance has
been several years in various stages of study and development,
it is now at a point where additional delay may be appropriate.
The Planning Department and their consultant are presently pre-
paring a Housing Element for the General Plan. The Element is
..Staff Report:
Page Four
subject to State mandated deadlines, and therefore on a time
schedule for adoption by the City Council in October, 1979. Recom-
mendations regarding housing for senior citizens and other segments
of the community subject to special housing needs, will be included
as part of the Housing Element. The proposed senior housing
ordinance could conceivably conflict with the new Housing Element.
However, modifications to the zone code could be made at a future
date to rectify any disparities between the Code and the Housing
Element on the senior housing issue.
RECOMMENDATION
Staff recommends that the Planning Commission APPROVE ZCA-85 as
per draft ordinance Exhibit "A", dated February 16, 1979, for the
following reasons:
1) The proposed ordinance is necessary to encourage construction
of low income, restricted, private senior citizen housing in
the City of Carlsbad.
2) Special standards and restrictions are required to ensure
that senior housing projects are properly constructed, main-
tained and operated.
ATTACHMENT:
Exhibit "A", dated February 16, 1979
DA:jd
7/5/79
CBIT A
FeBruary 16, 1979
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 21, CHAPTER .21.18 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF
SECTION 21.18.045 TO PROVIDE FOR SENIOR
CITIZEN HOUSING BY CONDITIONAL USE
PERMIT IN THE R-P ZONE.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21 .id of the Carlsbad
Municipal Code is amended by the additional, of Section 21.18.045
to read as follows:
"21.18.045 Senior Citizen Housing By Conditional Use
Permit, .(a) This section is intended to provide a vehicle
whereby the City Council may foster the development of
rental housing available only to senior citizens by making
available a conditional use permit for such development
which can give an increase in density over what would otherwise
be permitted in the zone.
(b) The City Council may approve a conditional use
permit for privately developed senior citizen rental housing
on property in the R-P Zone where the general plan applicable
to such property permits residential uses. The provisions
of Chapter 21.42 of this Code shall apply to such permits
except as modified by this section.
(c) In addition to the findings required by Section
21.42.020 the conditional use permit shall be granted only
if the City Council finds that the project's location will
afford the residents of the project easy access to community,
commercial and service facilities.
(d) If a conditional use permit is approved, the
following conditions of approval shall be met:
1. The minimum age of at least one of the
occupants of each unit shall be sixty-two years of age.
2. All buildings exceeding two stories shall
include elevators.
3. All development standards of the R-P Zone
shall be satisfied.
4. Parking areas shall be improved in conformance
with the development standards of Chapter 21.44.
5. Parking spaces as required by the conditional
use permit shall be available to the tenants of the project
at no fee.
6. Any other conditions deemed necessary to
protect the health, safety and general welfare of the residents
of the project and the general.public.
(e) Upon request by an applicant, and in return for
his agreement to develop and operate the project in accord-
ance with this section, and the terms and conditions of the
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conditional use permit, the City Council may, notwithstanding
anything in this Code to the contrary, apply the following
special standards to the project:
1. A reduction in the number of parking spaces
which would otherwise be required for the -project, may be
granted. The City Council shall determine the parking to be
required for the project provided a minimum of one space for
each four dwelling units shall be provided.
2. An increase in the number of dwelling units
per acre which would otherwise be permitted for the project
may be granted. The City Council shall determine the number
of units to ba, Permitted for the project not to exceed a
maximum of s«s«^^f?.ve dwelling units per net acre.
(f) An application for a conditional use permit under
this section shall be accompanied by a site plan, landscape
plan, elevations, detailed methods of maintenance and a plan
showing how the project can be altered to bring it into
compliance with the standards of the R-P Zone. If the plan
is approved, the applicant shall submit detailed site and
building plans showing the conversion for approval of the
Planning Director prior to the issuance of building permits.
If approved, such plan shall be a part of the conditional
use permit.
(g) The City Council has determined that the deviation
from the standards 'of the Zone is only justified if it
results in the provision of housing for senior citizens.
In order to insure that a senior citizen housing
project is constructed, operated and maintained in accordance
with the requirements of this section and the conditional
use permit, or if it is not so constructed, operated or
maintained, that it is brought up to the standards of the
Zone pursuant to the approved conversion plan, the City
Council finds it necessary to hold an equity position in the
project. In the event that a developer wishes to take
advantage of the special standards contained in this section,
the developer, as a condition of approval, shall grant the
City an equity position in the project as follows:
1. The City Manager or his representative shall,
in concert with the developer, determine the total land area
required for a standard project of the magnitude of the
proposed project. From this figure the land area of the
proposed project shall be deducted. The figure resulting
from this computation shall be referred to as the "project
area differential".
2. The City Manager and the developer shall then
arrive at the value of the project area. This can be done
through negotiation or appraisal made by a qualified
appraiser jointly agreed upon by the City Manager and
le developer. The cost incurred in this effort shall be
the responsibility of the developer. If the developer and
City Manager do not agree, the matter shall be referred to
the City Council whose decision shall be final.
3. Upon determination of the value of the project
area differential, the developer shall convey to the City of
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Carlsbad a second trust deed or other security as approved
by the City Attorney in such amount and at an interest rate
equivalent to that determined to be the area's secondary
mortgage market rate. This rate shall be determined by the
City Manager based on a survey of three major lending
institutions providing second mortgage loans. No payment
shall be required on this note except as hereinafter provided.
The second trust deed or other security may be subordinated
.to a first trust deed or the construction loan for the project.
4. In addition to all other remedies provided
by law, if the City Council determines that the project is
being operated or maintained in violation of any of the terms
of this section or the conditional use permit, or if
the project is used for other than senior citizen housing,
all principal and accrued interest shall become immediately
due and payable. The developer shall have the options in
retiring the note to pay in cash or convert the development
to meet the standards of the Zone. Upon payment or conversion
the City will convey its interest in the project back to the
developer/owner.
5. The security required by this subsection
shall be transferable upon sale so long as the buyer agrees
to abide by the terms of this section and the conditional
use permit. If the buyer does not so agree, all principal and
accrued interest shall become immediately due and payable.
(h) The conditional use permit and the conversion plan
shall be recorded in the Office of the County Recorder for
San Diego County.
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.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of_ .___,
1979 and thereafter
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O O
*
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1979 by
the following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
— '
•
4.
MEMORANDUM
DATE: July 25, 1979
TO: Paul Bussey, City Manager
FROM: Jack Henthorn, Redevelopment Coordinator
RE: ZCA 85, SENIOR HOUSING
At its meeting of July 11, , 1979, the Planning Com-
mission raised several issues relative to the proposed senior
housing ordinance. The issues raised related primarily to park-
ing demand as a function of age and desire for rent/income
restricted units.
As envisioned during dialogue with Council in the past, the
ordinance was intended to provide senior housing without rent/
income restriction. The main Council concerns initially appeared
to be to avoid rent/income restrictions and to minimize required
staff effort.
In analyzing the Commission's concerns, it appears as though it
could be appropriate to add language to the ordinance which would
pledge a percentage of the project to the Housing Authority at
Section 8 fair market rent. In the event that the pledge exceeded
available certificates, the Housing Authority could be authorized
to place persons whose income did not exceed four times the estab-
lished fair market rent under Section 8 or comparable successor
program.
This type of approach would also require that the City, or its
agent, ensure rental payments after some specific vacancy period,
or relinquish the subject unit.
ANALYSIS
Since the proposed ordinance envisioned negotiation to determine
the value of the note required under the secured equity approach,
this process to include a pro forma cost and income estimate does
not appear to be overly complicated. This pro forma would then
become the basis for formulating the number of units to be pledged
to the Housing Authority.
Analysis of the proposed ordinance does indicate that at maximum
denisty and maximum parking reduction, a significant economic
advantage accrues to the developer of a senior project. In
fact, appreciation, coupled with an earlier than normal "break"
point, creates a very profitable project. An illustrative com-
parative example is attached.
RECOMMENDATION
It is recommended that this memo be included in the Council
Agenda for August 7, 1979. If Council desires to require a pledge
of a portion of the project as outlined herein, staff should be
directed to revise the original ordinance and return it to a later
meeting.
JEH:jd
7/30/79
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