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Home My WebLink About1982-07-06; City Council; 7076; Senior Citizen Housingcir:. JF CARLSBAD - AGEND, JILL TITLE: AMENDMENT OF ZONING ORDINANCE - SENIOR CITIZEN HOUSING - ZCA-142 I AB# 707b I MTG. 7/6/82 &u I DEPT. pL I lClTY MGR. ~ RECOMMENDED ACTION: Both the Planning Staff and the Planning Commission recommend that this amendment be APPROVED and that the City Council direct the City Attorney's Office to prepare documents APPROVING ZCA- 142 to include the Senior Citizen Housing Ordinance in all the multi-family zones. ITEM EXPLANATION This is a request to amend the Zoning Code to include the Senior Citizen Housing Ordinance in all the multi-family zones. The ordinance is presently only contained in the R-P .zone. The purpose of this amendment is to implement Action Program V-5 of the city's adopted housing element which states that the city should "consider extending the provisions of the Senior Citizen's Housing Development Ordinance to additional zones besides the R-P zone. 'I This proposal recommends that the same wording presently contained in the R-P zone be placed in the other multi-family zones (R-3L, R-3, R-T, R-W and RD-M). The ordinance allows the City Council to authorize an increase in density (not to exceed 75 units per acre) if the project is rented to senior citizens. The ordinance also requires the approval of a conditional use permit and has other very stringent qualifying requirements. ENVIRONMENTAL REVIEW This project has already been considered in conjunction with a previously certified environmental document and a Notice of Prior Environmental Compliance was issued on April 30, 1982. FISCAL IMPACT This project will not create any fiscal impacts. EXHI BITS 1. PC Resolution No. 1965 with attached Exhibit "A" 2. Staff Report dated May 26, 1982 PLI?NNING COMXISSION RESOLUTION NO. 1965 - - A RESOLUTIOIJ OF TKE PLANNING COIII~IISSION OF THE CITY OF CARLSBAD , CALIFORNIA , RECOI?iMENDI:MG APPROVAL OF A ZONE CODE AI~IENDEIENT, AII.IENDING TITLE 21 OF rrm CARLSRAD IXJNICIPAL CODE BY THE ADDITION OF SECTIONS 21.14.015 (R-3L), 21.16.016 (R-3), 21.20.025 (R-T), 21.22.015 (3-14) AND 21 .21.025 (RD-M) TO INCLIJDI': THE THE, MULTI-FAMILY ZONES. CASE NO: ZCA-142 SENIOR CITI ZENS HOUSING DEVELOPMENT ORDINANCE IN ALL APPLICANT: CITY OF CARLSEAD - -- WHEREAS, the Planning ComrnLssion did, on the 26th day 04 Yay', 1982, hold a duly noticed public hearing as prescribed by 1z-t~ to consider said request; and * WHEREAS, at said public hearing, upon hearing and zonsidering all testimony and arguments; if any, of all persons :Icsiring to be heaxd, said Conunissiori considered all factors relating to the Zone Code Amendment. NOW, THEKEFORE,r RE IT HEREBY RESOLVED by the Planninq Commission as foll.ows: h). 0) That based on the evi.dence presented at tile public hearing, t5e Cornrni.ssion recornmends --II--- APPROVAL of ZCA-142 , according to E:xhi'r.it "A", dated Ma17 26, 1982, attached hereto and made a part hereof, based on the following findings: That the above recitqtions are true and correct. .- Pind ing s : 1) . -- That the propose'd amendment is consistent with the General Plm .because it irnpl-ements an .ado'pted. action program of the IIctusi::j ulenient.. ' 2) That approval of this amendment 'will a3.10~ the city to coi?siJ-.r senior housing projects in other multi-family zones besides ::?e 3-P zone. 3) That the environinental effects of the project have been addressed in conjunction wi1.h previously ccrtif ied environmental documents and the 'PI anning Director has Fssiiecj a Mot ice of l'rior Compl iance. //// //// .I .. 3 -. PASSED, APPRGyfJIED AND ADOPTED at.a regular meeting 05 the 1 2 3 Commission of of nay, 1982, AYES : NOYS : ABSENT: ABSTAIN: the city of Carlsbad, California, helc on Planning by the followiiig vote, to wit: 26th day 4 6 7 .e ATTEST : 11 - JANES C. HliSkPiAN, Secretary -- CAKLSGAD PLAP?N IIJG COMM I S S IOH 14 15 JE . .. 21 . 22 .. 25 -. . 26 * 27 -2- PC KCSO No.. 1965 2e ' .. .' . I. 2 .3 4 5 6 7 8 10 11 12 13 14 is 16 2.7 18 - 19 20 .- . 21 22 2z . 24 25 . 26 27 20 I .EXHIBIT "A" YAY 26, 1982 -. E ! ; L a - ORDINANCE EO 1 .I t c t AN ORDINANCE OF THE CITY COilNCIL OF 'THE CITY OF CARLSBAD, CALIFORNIA, AMENDT.I<G TITLE 21, CZAPTER CAKLSBAD IWNICIPAL CODE BY THE ADDITIGIi OF SECTIO?; 23,14.015 (R-3L), 21.16.016 (R-3), 21.20.075 (R-TI, 21.22.015 (R-W) ,4ND 21.?,40025 (RD-FI) TO AUTHC3IZE SENIOR CITIZENS IIOUSING DEVELOPb1E:JT IN ALL TEZ 21.1dr 21.16, 21.20, 21.22 AND 21.21 OP Ti32 i r MULTI-FA!4JIIY ZOKES I The City Council of the city of Carlsbad, California, c%es 1 I i i i ordain as follows: ! SECTION 1: That Title 21, Chapters 21.14, 21.16, 25.22, I 21.22 ar,d 21.28 of the Carlsbad Nunicj-pal Code are amended 5y :::e aclilition of Sections 21.14.015, 21.16,016, 21.20.025, 21.22.045 and ' .. 21.24.025 to reitd as follows: ' Senior citizen housing by I_ conditional use Fer-it. (a: This -~-- section is intended to provide a ve1licl.e wh<i?eby the City Couczi? may foster the development of rental housing available only tc. senior: citizens by making available 'a condition21 use yrmit fzr such developnent which can give an increase in density over w:'.~: ' wobld otherwise be permitted in the zone. i (b) The City Council may approve a conditional use permLz for ' privately developed senior citizen rental hous.in3 on prope~ty iz this zone where the general plan applicable to such property ;g.r?.its residential uses. The provisions of Chapter 21.42 of this cof:-r shall apply to such permits except as.modified by this sectior.. (c) In addition to the findj.ngs required by Section 27.42.220, the conditional use permit shall b? granted only if the City f;:ncil fi.nds that the project's locat-j-on wi.11 afford the residents of the project easy. access to' community, commercial and service facilities. conditions of approval shall he met: each unit shall he sixty-two years of aye; i -: i (d) If a conditioqa.1 .use permit is approved, the,followi?g 1 1 r i elevators; ! .I ! I (1) ,The rninirnuin age of' at least one of the occupants of (2) All bui.Idings exceeding two stories shall inc1uE.s (3) All- devel-opment standards of the' R-P zone shall SJ satisfied; . (4) Parking areas shall. be. improved .in confonancc with . 1 the devcl-opment standards of Chapter 21.44; (5) Parking spaces as-rcqu.ircd bjr the conditional US? permit shall be available to the tenants of the project at no 522; 1 (6) Any other coiidit:ions deemed necessary to protect tk3 ! hcnlth, safety and general welfare qL, the .residents of the profsct: and the (jcncral public. I //// r ,. .. 1 2 3 4 5 G 7 '8 9 lo . 11 12 33 14 x5 26 17 1E -19 2c 21 22 22 24 25 26 27 za (e) . Upoil request by an applicant;' and in return for his agreement to develop an.d operate the- project .in accordance' with this section, .and the terms and conditions of the conditional use ?errnit, the City Council may, not.wit.~istai?di.ng special standards to the project: would otherwise be required for the project, inay be granted. '?':?e Ci.t.y Council shall determine the parking to be required for th~ project provided a minin.,um of one s-pace for each four dwelling cnits which would otherwise'bc permitted for the project may be girazced. .' The City Council shall determine the !iuniber of units to be perzitte? for the project not to exceed c. maximum of seventy-five dwellir.cj ? ? units-per net acre, section shall be accompanied by a site plan, landscape plan, elevations, detailed methods cf maintenance and a plan showin? ?;ow the project can be altered to bring it into compliance with the si-.->..:iQards of this zone. If the plan is approved, the applicant shall submit detailed site and buil-din9 plans- showing the con\*ersiox for apprcval. of the J?lznning Director prior to the issuance of (4) A reduction in the number of parking spaces which ! shall be provided; i 1 (2) . An increase in the number of dwelling units per zcre ~ (f) An application for a conditional use permit under this ! building permits. If approved, such plan shall be a part of the ; -+ conditional use. permit.. T (9) The City Council has determined that the deviation frm the standards of the zone is only justified if. it results in t5e provision of housing for senior citizens. In order to insure. that a. scni.0.r citizen 'housing project is , constru.cted, 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 Sroqhz up to the standards of th.e zone pursuant to the approved c3iinversio~ plan, the City Council. find-s it.necessary to hold an equity posi'iicn in the project. In the event, that a developer wishes to take advantage of the special standards contained in this section, t3e i 1 developer, as a condition of-approval, shall grant the city an i equity posi.tion in the project as follows: I (1) The City Manager or his representative shall, in I for a standard project: of the maqnitude of th.e proposed project, i Prox this figure the* land area of the proposed project shall Se ? concert with' the dGveloper, determj.ne the total 1an.d. area required dedected.' The .figure resulting .from this computation shall be referred to as the "project area dif'ferential" ; (2) The City Manager and the developer shall then arrive at the value of the project area. This Can be done either throqh negotiation or appraisal made by a qualified NAI appraj-ser jointly agreed upon'by the' City Manager and the developer. ?he ccst incurred in this effort shall be the responsibility of the developer; If the developer and City Manager do not agree; t-he matter xhal.1 be referred to the City Couiicil whose decision shall be (3) Upon detcrminstion of :the.val.ue' of the project zrea i differentia!, trhe.dcvcloper shall. convey to the city a second trust ; i final ; i decd or other security as approved IJy; the' City Attorney in such .2 . . <* .. .- .. ' . i .. - .. . .. . -. .. .. .. 1 2 3 4 5 6 rl 0 9 3.0 21 3.2 13 14 25 16 17 18 -19 20 21 22 23 24 25 26 27 28 I i .. .. .. anouiit and at an interest rate equivale'nt to ,.that determined to be the area's secondary inortgaye rr!arket: rate. This rate siiaX1 be determined by .the Cit-y I*lanager based. on a survey of th.ree inajor lending institutions providing second mortgage loans. No papent shall be required on this note except as hereinafter provided. Ths second trust deed or other security may be subordinated :to a firs.& trust deed or the construction loan for the project; the City Council determines that the project is being operated oc maintained in viol.ation of any of the terms of this section or the senior citizen housing, all principal and accrued interest shall become imT;i'diiitely due and payable. . The developer shall have the options in retiring the-'note 'io 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 tc the developer/ewner,; transferable upon sale so long as the buyer agrees to abide b:r the : terms of this section-and the condit.ioua1 use permit. If the 9uye:r I does nGt so agree, all pr.incj.pa1 and arcrued interest shall become irnnediately due wnd payable. be recorded in t.he:off.ice or. the county recorder, (4) In addition to all other remedies provided by l.zw; i2 1 1 i conditional use permit, or if the projeuk i.s used for other than ! I i i i i 1 (5) The gecurity required by this subsection shall 52 I (h) The.conditiona1 use pernit and the conversion plan shal.1 1 EFFECTIVE DATE: :.This ordinafice shall: be effective thirty f days after its adoption; and the City Clerk shall certify to the adoption of this ocdinance and cause it to be published at least orice in the Carlsbad Journal within fifteen da.ys after its adopt ion. .. < .. .. //// . ///I //// //// * & //// //// //// //// //// I/// .. .. .. . , .. 1 2 3 4 5 6 '7 .. -- a 11 13 14 I5 JE 2c 21 .22 -. 2: , .24 25 2c 27 2E I INTRODUCED AND FIRST READ at a meeting of the Cerls5aC Cit-. :ouncil held on the day oE I 19E2, and :hereafter PASSED AND ADOPTED at a regular meeting of said City bUi1ci.l held on the day of I982 by -- :he following vote, to wit: AYES : NOES : .. -. ABSENT : .. LTTEST : . .. RONALD C. PACRARD Hayor .. .. _. .. &ETIIA L. RAUTENKRANZ City Clerk SEAL) -4- * 7 e .- A STAFF REPORT - DATE : May 26, 1982 TO : Planning Commission FROM: PI anhing Department SUBJECT: ZCA-142. CITY OF CAR SBAD - An amendment ,o the Zoning --_.-I Ordinance tc include the Senior Citizen Housing Ordinance in all the multi-family zones. c b I. FROJECT - DESCRIPTION AND BACKGROUND Presently the R-P Zone contains special provisions to encourage and allow the development of Senior Citizen housing projects. The ordinance allows the City Ccuncil to consider increasing the density over what. would otherwise be permitted in the R-P zone. Action Program V-5 of the city's adopted housing element states that the city should "consider amending ordinances to extend the provisi.oi-is cf the Senior Citizens Housing Development 0rdi.nance to adzitional zones besides the R-P zone." , In order to imple- ment this adopted action program of the housing element, staff is proposing to include the ordinance in all of the city's multi- family zones . 11. ANALYSIS - This is a request to amend the R-3, R-3L, RDM, R-T and R-W zones to include the Senior Citizens Housing Ordinance in all the city's multi-family zones. As previously-stated, the ordinance is presently only contained in the R-P zone. The purpose of this amendment is to implement an adopted action program of the city's bowing element. Staff has also rece'ived several preliminary inquiries f ram developers who are interested in making proposals for senior projects on properties 1ocat.ed outside of the R-P zone. Staff is recommending that the same.wording presently contained in the R-P zone be placed in the other nulti-family zones. The wording requires the approval of a conditional use permit and has very stringent qualifying requirements. I11 . ENVIRONMETJTAL REVIEW The Planning Director has determined that the envirocinental effects of this projzct have been reviewed in conjunction with previously certifj.ed environmental-documents and, therefore, a Nbtice of Prior Envircnmntal Compliance was issued Gn April 30, 1982. L h L .. %_ . .) .. IV. RECOMMENDATION It is recommended that the Planning Commission -- ADOPT Resolution No. 1965, recommending APPROVAL of .ZCA-142 to the City Council based on the findings contained therein. ATTACHMENTS 1. PC Resolution No. 1965 2. Exhibit "L", dated May 26, 1982 c I MJH:ar 5/19/82 c .. . , . - ... . -2- NOTICE OF PUBLIC HEARING ZCA- 142 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., an Tuesday, July 6, 1982, to consider an application for a Zone Code Amendment to include the Senior Citizen Housing Ordinance in all rrrulti-fdly zones. R-P (Residential Professional) Zone. The Ordinance in presently only in the APPLICANT: City of Carlsbad PUBLISH: June 23, 1982 CARLSBAD CITY COUNCIL (--~ICE OF'PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, May 26, 1982, to consider approval of a Zone Code Amendment to include the Senior Citizen Housing Ordinance in all multi-family zones. included in the R-P (Residential Professional) Zone. The Ordinance is presently only Those persons wishing to speak on this proposal are mrdially invited to attend the public hearing. Planning Department at 438-5591. If you have any questions please call the CASE FILE: ZCA- 142 APPLICANT: CITY OF cARLSl3AD PUBLISH: MAY 15, 1982 CITY OF CARLSBAD PLANNING COMMISSION I Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been NOTICE OF PUBLIC HEARING ZCA-142 ' NOTICE IS HEREBY GlVEN that the City Council oftbe City of Carls- bad will hold a publlc hearing at the City Council Chambers. 1!200 Elm Avenue, Carlsbad. California. at 6:OO P.M., on Tuesday. July 6, lW2, to consider an application for a Zone Code Amendment to include the Senior Citizen Housing Ordi- nance in all multi-family mnea. The Ordinance is presently only in the R-P (Residential Professional) Zone. Applicant CIty of Carlsbad CARLSBAD CITY COUNCIL CJ W310 June 23,1982 1M-10/81 published in each regular and entire.issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 23 ................................. 19%. ....... ........... ........ 19 .... ................................ 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carl bad County of San Diego, State of Cal ornia o t2e 33~ day of June 9.8 f-7 1 i Clerk of the Printer