HomeMy WebLinkAbout1994-04-19; City Council; 12681; Senior Citizen Housing-‘ITY OF CARLSBAD - A<%DA BILL //+ 0 CY
AB # k?; b8f TITLE: -ADOPTION OF ORDINANCE NO. NS-274 - DEPT. HD. r?4,
MTG. 4/10/04 SENIOR CITIZEN HOUSING CITY ATTY
DEPT. CL.K ZCA 93-05 CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-274, amending various chapters of Title 21 of the Carlsbad
Municipal Code to replace the Conditional Use Permit requirement for senior citizen
housing with a Site Development Plan requirement and to revise other requirements for
senior citizen housing.
ITEM EXPLJWATION
Ordinance No. NS-274 was introduced at the regular City Council meeting of April 19,
1994. The second reading allows Council to adopt the ordinance which would then
become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 12,662 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-274.
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ORDINANCE NO. NS-274
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS CHAPTERS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO REPLACE THE CONDITIONAL USE PERMIT REQUIREMENT FOR SENIOR CITIZEN HOUSING WITH A SITE DEVELOPMENT PLAN REQUIREMENT AND TO REVISE OTHER REQUIREMENTS FOR SENIOR CITIZEN HOUSING. CASE NAME: SENIOR CITIZEN HOUSING CASE NO: ZCA 93-05
WHEREAS, the California Government Code Section 65915
permits a developer of a residential project of five (5) or more
units on a specific site to request that the project be granted a
density bonus and other incentive or concession, or equivalent
incentives and concessions for the purpose of providing affordable
housing for very low-income or low-income households or for
qualifying (senior) residents; and
WHEREAS, the existing City of Carlsbad zone code
contains standards for the development of senior citizen housing
projects through Conditional Use Permit; and
WHEREAS, the existing City of Carlsbad zone code
provisions for senior citizen housing are not in conformance with
California Government Code Section 65915; and
WHEREAS, the existing City of Carlsbad zone code
provisions for Senior Citizen Housing are not in conformance with
Chapter 21.85 of the Carlsbad Municipal Code (City's Inclusionary
Housing Ordinance) and City Council Policy No. 43; and
WHEREAS, it is a program of the Housing Element of the
City's General Plan to amend the City's current Senior Citizen
housing regulations to conform to the provisions of Government
Code Section 65915 and to establish standards for location,
parking, safety, recreational facilities, medical care and other
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aspects of senior oriented housing,
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.18, section
21.18.045, of the Carlsbad Municipal Code is repealed and
reenacted to read as follows:
21.18.045. Senior Citizen Housina bv Site Development Plan. (a) This section is intended to provide a mechanism and standards for the development of rental or for-sale housing available to senior citizens.
lb) The city may approve a Site Development Plan for privately developed senior citizen housing on property in the R-P zone where the general plan applicable to such property permits residential uses. The provisions of this section shall apply to such permits.
(cl Senior Citizen Housing projects shall meet the following requirements:
(1) Senior housing projects should, whenever reasonably possible, be located consistent with the following locational guidelines: (A) The proposed project should be located in close proximity to a wide range of commercial retail, professional, social and community services patronized by senior citizens; or have its own private shuttle bus which will provide daily access tho these services; and
(B) The proposed project should be located within two to three blocks of a bus or transit stop unless a common transportation service for residents is provided and maintained; and (C-) The proposed project should be located in a topographically level area; and (D) Development of a senior citizen housing project at the proposed location should not be detrimental to public health, safety and general welfare. (2) As used in this section, l'housing for senior citizensl' means housing:
(A) Provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; or
(B) Intended for, and solely occupied by, persons sixty-two years of age or older; or (C) Intended and operated for occupancy by at least one person fifty-five years of age or older per unit if the following factors are shown:
(i) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, it must be shown that
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such housing is necessary to provide important housing opportunities for older persons, and (ii) That at least eighty percent of the units are occupied by or reserved for occupancy by at least one person fifty-five years of age or older per unit, and (iii) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older. Significant facilities and services specifically designed to meet the physical or social needs of older persons include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, and accessible physical environment, emergency and preventative health care programs, congregate dining facilities, transportation to facilitate access to social services and services designed to encourage and assist residents to use the services and facilities available to them. The housing facility need not have all of these features to meet these requirements of this subsection.
(D) Upon the death or dissolution of marriage, or upon hospitalization or other prolonged absence of the qualifying resident, any qualified permanent resident, as defined by Section 51.3 of the California Civil Code, shall be entitled to continue his or her occupancy, residency or use of the restricted dwelling unit as a permitted resident. (3) A senior citizen housing project shall observe the following development standards: (A) All senior citizen housing projects are required to comply with all applicable development standards of the underlying zone, except those which may be modified as an additional incentive granted pursuant to Chapter 21.86 of this Title; (4) Parking for a senior citizen housing project shall be provided pursuant to Section 21.44.020(a)(9) and is subject to the following conditions: (A) Whenever possible, parking spaces should be laid out at either a thirty (30), forty-five (45) or sixty (60) degree angle;
(B) Required parking spaces shall be available to the tenants of the project at no fee;
(5) The senior citizen housing project shall observe the following design criteria: (A) To the maximum extent feasible, architectural harmony, through the use of appropriate building height, materials, bulk and scale, within the development and within the existing neighborhood and community shall be obtained; (B) The building(s) shall be finished on all sides with similar roof and wall materials, colors, and architectural accent features; (c) Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 25 dwelling units or fractional number thereof. At least one washer and one dryer shall be provided in every senior citizen housing project. Washers and dryers may be coin operated;
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(D) Common areas shall be provided in the senior citizen housing project. The common areas that are provided shall be designed to make these areas useful and functional for residents. Examples of common areas include but are not limited to the following: a recreation social room, a common cooking and dining facility, passive open space, and reading/TV rooms. The total amount of common area required in each senior housing project shall be no less than twenty (20) square feet per dwelling unit. Common space excludes all stairwells and any balconies of less than forty (40) square feet. The size of the recreation/community-social room may be appropriately reduced if it is located adjacent to usable outdoor space. Adjacent toilet facilities for men and women shall be provided. Unless the building is serviced by an elevator, the recreation/community-social room shall be located on the ground floor;
(El A manager-Is unit is recommended to be included in every senior citizen housing project. If provided, the manager's unit shall be a complete dwelling unit and so designated on all plans. All senior citizen housing projects which do not have an on-site manager shall provide a posted phone number of the project owner or off-site manager for emergencies or maintenance problems; (F) All buildings exceeding two stories shall include elevators;
(6) Dwelling units in senior citizen housing projects shall observe the following requirements: (A) Tubs shall be equipped with at least one grab bar;
(B) Tubs and/or showers shall be equipped with temperature regulating devices;
((3 Tub or shower bottom surfaces shall be slip resistant; (D) Peepholes in entry doors; and (E) All projects are required to comply with Title 24 of the State Building Code (Disabled Access Regulations).
(F) All senior citizen units must conform to the requirements of the applicable building and housing codes. (7) Upon written request by an applicant, and in return for his agreement to develop and operate the senior citizen housing project in accordance with this section and Chapter 21.86 (Residential Density Bonus), the final decision making authority shall allow an increase in the number of dwelling units permitted per acre (density) subject to the following conditions: (A) Aminimum increase of twenty-five percent (25%) over the Growth Control Point of the applicable General Plan designation or the otherwise maximum allowable residential dwelling unit density as specified by the applicable master plan or specific plan, at the time of application, consistent with Section 21.86 of this Title.
(B) All senior citizen housing projects requesting a residential density bonus shall comply with the requirements of Chapter 21.86 of this Title.
((3 Any senior citizen housing project constructed pursuant to this section and/or requesting a
residential density bonus pursuant to Chapter 21.86, shall be
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required to comply with the inclusionary requirements for residential developments in Chapter 21.85 of this Title. Not less than fifteen percent (15%) of all approved units in any Senior Citizen Housing project shall be set aside for occupancy by and shall be affordable to lower-income households. (d) Application submittal and review is as follows:
(1) Preliminary application: A developer of a senior citizen housing project shall submit a preliminary application prior to the submittal of a formal request for approval. The preliminary application shall include the following information: (A) A brief description of the proposal including the total number of senior units, density bonus units and affordable senior units proposed; (B) The zoning, General Plan designations and assessors parcel number(s) of the project site; (C) A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, building elevations, existing contours and proposed grading; and (D) A letter identifying what specific incentives (i.e.; density bonus, standards modifications, or financial incentives) are being requested of the City.
Within 30 days of receipt of the preliminary application by the Planning Department, the Department shall provide to an applicant, a letter identifying project issues of concern to staff, and the incentives or assistance that the Planning Director can support when making a recommendation to the final decision making authority. (2) Application: The Site Development Plan (SDP) application for a senior citizen housing project shall be processed along with all otherwise required project application(s) and no additional hearings or approvals shall be required, except as provided herein with regard to the modification of existing standards or other additional incentives. If the application involves a request for direct financial incentives, then any action by the Planning Commission on the application shall be advisory only, and the City Council shall have the authority to make the final decision on the application.
(3) Submittal: (A) The completed application for a senior citizen housing project requesting a density bonus, modification of development standards or other additional incentives shall include the following information: (i) A legal description of the total site proposed for development including a statement of present ownership and present and proposed zoning; (ii) A letter signed by the present owner stating how the project will comply with Government Code Section 65915 and stating what is being requested from the City, (i.e. density bonus, modification of development standards, or other additional incentives); (iii) Site plans and other supporting plans (i.e.; a landscape plan, building elevations and floor plans) per the City's application submittal requirements; (iv) A detailed vicinity map showing the
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project location and such details as the nearest market, transit
stop, park or recreation center, medical facilities or other related uses and services likely to be patronized by senior citizens: (v) A set of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doorways, hallways, closets, and cabinets; (vi) A set of first floor plan or other floor showing any common areas and accommodations and: (vii) A monitoring and maintenance plan. (B) In the case of a request for a modification of development standards or other additional incentives, The applicant shall be required to submit a project pro-forma for the proposed project to demonstrate that the standards modification and/or other requested incentive is necessary to make the project economically feasible.
(Cl At the time of plan submittal for building permits, the applicant shall submit a set of detailed drawings for kitchens and bathrooms indicating counter and cabinet heights and depth: type of pulls, faucets, grab-bars; tub and/or shower dimensions, and handicapped turn space where appropriate.
(4) Review: The Planning Director shall evaluate the request and make findings and recommendations based upon the following criteria: (A) The senior citizen housing project helps achieve the City's senior and affordable housing goals as set forth in the Housing Element of the General Plan;
(B) The density bonus and/or additional incentive(s) must be necessary to make the project economically feasible: (C) The senior citizen housing project shall not result in density or design that is incompatible with other land uses in the immediate vicinity:
(D) The senior citizen housing project complies with the general plan, zoning and development policies of the City of Carlsbad.
(5) Processing: All senior citizen housing projects shall be given priority in processing. (e) Monitoring and Enforcement of Site Development Plan Conditions: (1) To assure compliance with the age requirement of this chapter, all applicants/owners of Senior Citizen Housing projects shall be required to submit, on an annual basis, an updated list of all project tenants, and their age to the City's Housing and Redevelopment Department. (f) This section is intended to comply with state and federal laws prohibiting age discrimination in housing.
SECTION II: That Title 21, Chapter 21.16 of the
Zarlsbad Municipal Code is amended by the amendment 1.16.016 to
read as follows:
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I Carlsbad Municipal Code is amended by the amendment of section
t Carlsbad Municipal Code is amended by amendment of section
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"21.16.016. Senior Citizen Housins bv Site Development Plan. Senior citizen housing may be permitted by site development plan issued according to the provisions of Section 21.18.045 of this title. The development standards of this zone shall apply."
SECTION III: That Title 21, Chapter 21.20 of the
21.20.025 to read as follows:
"21.20.025. Senior Citizen Housina bv Site Develonment Plan. Senior citizen housing may be permitted by site development plan issued according to the provisions of Section 21.18.045 of this title. The development standards of this zone shall apply."
SECTION IV: That Title 21, Chapter 21.22 of the
21.22.015 to read as follows:
"21.22.015. Senior Citizen Housina bv Site Develooment Plan. Senior citizen housing may be permitted by site development plan issued according to the provisions of Section 21.18.045 of this title. The development standards of this zone shall apply."
SECTION V: That Title 21, Chapter 21.24 of the Carlsbad
Yunicipal Code is amended by the amendment of section 21.24.025 to
read as follows:
"21.24.025. Senior Citizen Housina bv Site Develonment jlan. Senior citizen housing may be permitted by site Levelopment plan issued according to the provisions of Section !1.18.045 of this title. The development standards of this zone ihall apply."
SECTION VI: That Title 21, Chapter 21.44 of the
larlsbad Municipal Code is amended by the amendment of Subsection
11.44.020(a)(9) to read as follows:
"(9) Senior Citizen Housing Projects - Minimum one ;pace per every two units, plus one space for an on-site managers nit (when provided) and one guest parking space, subject to .pproval of a site development plan."
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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 a paper of general circulation in the city within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 19th day of APRIL I
1994, and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 26th day of APRIL I
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, and Finnila
NOES: None
ABSENT: Council Member Nygaard
APRED AS TO FORM AND LEGALITY
ATTEST:
&THAcLj, F&JTE@RANZ, City Clerk KAREN R. KmTZ, Assistant City Clerk