Loading...
HomeMy WebLinkAbout2003-06-10; City Council; 17201; Amending Senior Housing OrdinanceAB# 17,201 MTG. 6-10-03 DEPT. CLK &GiqT CITY ATTY. ADOPTION OF ORDINANCE NO. NS-662 AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING THE SENIOR HOUSING ORDINANCE (ZCA 02-04 and LCPA 02-08) CITY MGR RECOMMENDED ACTION: Adopt Ordinance No. NS-662 amending the Local Coastal Program and Title 21 of the Municipal Code by repealing the regulations for senior citizen housing in Section 21 .I 8.045; adding Chapter 21.84 to provide regulations for housing for senior citizens that are construed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4, the Federal Fair Housing Act, and the Federal Code of Regulations Title 24 Sections 100.300 to 100.308; amending various sections of Title 21 of the Municipal Code to reference Chapter 21.84; amending the Planned Development regulations in Chapter 21.45 to specify what regulations are or are not applicable to housing for senior citizens; amending Section 21.44.020(a)(9) of the parking regulations to increase the parking requirement for housing For senior citizens; and amending other various regulations relating to housing for senior citizens for clarification and consistency. ITEM EXPLANATION: Ordinance No. NS-662 was introduced and first read at the City Council meeting held on June 3, 2003. The second reading allows the City 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. 17,192 on file with the City Clerk. EXHIBITS : 1. Ordinance No. NS-662. DEPARTMENT CONTACT: Janice Breitenfeld (760) 434-2927, jbrei@ci.carlsbad.ca.us 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 ORDINANCE NO. NS-662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE LOCAL COASTAL PROGRAM AND TITLE 21 OF THE MUNICIPAL CODE BY REPEALING THE REGULATIONS FOR SENIOR CITIZEN HOUSING IN SECTION 21.18.045; ADDING CHAPTER 21.84 TO PROVIDE REGULATIONS FOR HOUSING FOR SENIOR CITIZENS THAT ARE CONSTRUED IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTIONS 51.2, 51.3 AND 51.4, THE FEDERAL FAIR HOUSING ACT, AND THE FEDERAL CODE OF REGULATIONS TITLE 24 SECTIONS 100.300 TO 100.308; AMENDING VARIOUS SECTIONS OF TITLE 21 OF THE MUNICIPAL CODE TO REFERENCE CHAPTER 21.84; AMENDING THE PLANNED DEVELOPMENT REGULATIONS IN CHAPTER 21.45 TO SPECIFY WHAT REGULATIONS ARE OR ARE NOT APPLICABLE TO HOUSING FOR SENIOR CITIZENS; AMENDING SECTION 21.44.020(a)(9) OF THE PARKING REGULATIONS TO INCREASE THE PARKING REQUIREMENT FOR HOUSING FOR SENIOR CITIZENS; AND AMENDING OTHER VARIOUS REGULATIONS RELATING TO HOUSING FOR SENIOR CITIZENS FOR CLARIFICATION AND CONSISTENCY. CASE NAME: HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT CASE NO.: ZCA 02-04 and LCPA 02-08 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Section 21.16.016 of the Carlsbad Municipal Code is amended to read as follows: 21.16.01 6 Housing for senior citizens by site development plan. Housing for senior citizens may be permitted by site development plan issued according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter 21.84, the development standards of this zone shall apply. SECTION 2: That Section 21.18.045 of the Carlsbad Municipal Code is amended to read as follows: 21.18.045 Housing for senior citizens by site development plan. Housing for senior citizens may be permitted by site development plan issued according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter 21.84, the development standards of this zone shall apply. SECTION 3: That Section 21.20.025 of the Carlsbad Municipal Code is amended to read as follows: Ordinance No. NS-662 Page 1 of 13 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 21.20.025 Housing for senior citizens by site development plan. Housing for senior citizens may be permitted by site development plan issued according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter 21.84, the development standards of this zone shall apply. SECTION 4: That Section 21.22.01 5 of the Carlsbad Municipal Code is amended to read as follows: 21.22.015 Housing for senior citizens by site development plan. Housing for senior citizens may be permitted by site development plan issued according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter 21.84, the development standards of this zone shall apply. SECTION 5: That Section 21.24.025 of the Carlsbad Municipal Code is amended to read as follows: 21.24.025 Housing for senior citizens by site development plan. Housing for senior citizens may be permitted by site development plan issued according to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter 21.84, the development standards of this zone shall apply. SECTION 6: That Section 21.44.020(a)(9) of the Carlsbad Municipal Code is amended to read as follows: (9) Housing for Senior Citizens - Minimum 1.5 covered spaces per every unit, plus 1 covered space for an onsite manager's unit (when provided) and 1 guest parking space per every 5 units, subject to approval of a site development plan. SECTION 7: That Section 21.45.030 of the Carlsbad Municipal Code is amended to read as follows: E. F. "Housing for senior citizens" is defined as specified in Section 21.84.020 of this code. "Net pad area" means the building pad of a lot excluding all natural or manufactured slopes greater than three feet in height except intervening manufactured slopes between split-level pads on a single lot. G. "Planned development" means a form of development usually characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, recreation and streets. "Twin-home" means two homes attached by a common wall where each home and lot or exclusive use area has separate ownership. H. SECTION 8: That Section 21.45.040 of the Carlsbad Municipal Code is amended to read as follows: Ordinance No. NS-662 Page 2 of 13 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE A PERMITTED RESIDENTIAL USES When the project site is contiguous to a higher intensity land use or an existing project 01 comparable or higher density. Only permitted when the proposed project site is contiguous to a lot or lots zoned R-3, R-T, R-P, C-I, C-2, C-M or MI but in no case shall the project site consist of more than one lot nor be more than ninety feet in width, whichever is less. Permitted uses shall be consistent with the master plan. Refer to Table F for specific uses. “Housing for senior citizens” is not permitted in R-I and R-2 zones. SECTION 9: That portions of Section 21.45.060 of the Carlsbad Municipal Code are amended to read as follows: Vis it or Parking On Private/ Public Streets Driveways Community Recreational Space 1. 10 units or less: 1 space for each 2 units or fraction thereof. 2. 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 units above 10. 3. Housing for senior citizens: 1 space for each 5 units. 4. In cases where a fractional parking space is required, the required number of spaces shall be rounded to the nearest highest whole number. 1. Visitor parking may be provided: (1) along both sides of a minimum 34 foot wide private/public street or (2) in perpendicular bays. When visitor parking is provided on-street, not less than 24 lineal feet per space, exclusive of driveway entrances and driveway aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway aprons, then 20 lineal feet may be provided. 1. Visitor parking must be provided in parking bays. All projects of more than IO dwelling units shall provide 200 square feet of centralized, community recreational space per unit. Projects with 25 or fewer units shall provide passive or active recreation facilities; projects with more than 25 units shall provide both passive and active recreational facilities with a minimum of 75 percent of the area allocated for active facilities. Projects of more than 50 units shall provide recreation facilities for a variety of age groups. Examples of recreation facilities include, but are not limited to, the following: Active: Swimming pool with cabana, children’s playground equipment, spa, tennis court, racquetball court, volleyball court, basketball court, Ordinance No. NS-662 Page 3 of 13 1 n L 3 4 z 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Visitor Parking Recreation Area Parking covered space for an onsite manager's unit (when provided). 1. 10 units or less: 1 space for each 2 dwelling units or fraction thereof. Recreational Vehicle Storage recreation rooms or buildings, horseshoe pits, pitch and putt, grassy pla) areas a minimum of 100 feet by 100 feet and any other facility deemec by the planning director to satisfy the intent of providing active recreational facilities. Passive: Benches, barbecues, community gardens, or grassy play areas with i slope of less than 5%. 1. Credit for indoor recreation facilities shall not exceed 25% of the requirec centralized community recreation area. 2. Required recreation areas shall not be located in any required front yard anc may not include any driveways, parking areas, walkways, storage areas, 01 any slopes of 5% or greater. 3. For single-family or two-family projects of 50 units or more, at least 25 perceni of the common recreation space must be provided as pocket parks. Pockei park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T-intersections") and where open space vistas may be achieved. Note: These community recreational space requirements shall not apply to housing for senior citizens (refer to Chapter 21.84 of this code for common area requirements for housing for senior citizens). 1 space for each 15 residential lots or fraction thereof for lots located more than 1,000 feet from a centralized community recreation center lot. Note: Housing for senior citizens is not required to be provided with recreation area parking. 1. Required for projects with 25 or more units. 2. 20 square feet per unit exclusive of area required for driveways and approaches. 3. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. 4. The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be landscaped to screen vehicles to the maximum extent feasible. Note: Housing for senior citizens is not required to be provided with recreational vehicle storage. If no RV storage is provided for housing for senior citizens, the CC&Rs for the project shall clearly specify that RV storage is not available. SECTION 10: That portions of Section 21.45.080 of the Carlsbad Municipal Code are amended to read as follows: Resident Parking 1. One 12 feet x 20 feet car garage and 1 covered or uncovered space per unit 2. Studio units - 1.5 spaces; 1 covered per unit 3. Housing for senior citizens: 1.5 covered spaces per unit, plus 1 Ordinance No. NS-662 Page 4 of 13 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 2. 11 units or more: 5 spaces for the first 10 units, plus 1 space for 3. Housing for senior citizens: 1 space for each 5 dwelling units. 4. Visitor parking spaces must be located no more than 150 ft. as measured in a logical walking path from the entrance of the unit it could be considered to serve. each 4 dwelling units above 10. 5. Visitor parking must be provided in parking bays. SECTION 11: That Section 21.86.020(21) of the Carlsbad Municipal Code is amended to read as follows: (21) “Qualifying resident” means a resident as defined in Chapter 21.84 of this title and Section 51.2 of the California Civil Code. SECTION 12: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.84 to read as follows: Chapter 21.84 Housinn for Senior Citizens 21.84.010 Title. 21 B4.020 Purpose. 21 B4.030 Definitions. 21.84.040 Use Table. 21 34.050 Location Guidelines. 21 34.060 Development Standards and Design Criteria. 21 34.070 Inclusionary. Housing Requirements and Density Bonus Provisions. 21.84.080 Application Process. 21.84.090 Findings for Approval. 21.84.100 Additional Requirements. 21 .84.110 Monitoring and Reporting Requirements. 21.84.01 0 Title. A. Senior Citizens Ordinance of the City of Carlsbad.” 21.84.020 Purpose. This chapter shall be known and may be cited and referred to as the “Housing for A. The purpose of the housing for senior citizens regulations is to: 1. Recognize the housing needs of senior citizens; 2. Provide a mechanism and standards for the development of rental or for- sale housing available to senior citizens; 3. Provide comprehensive standards and regulations to ensure housing is designed to meet the special needs of senior citizens (Le., physical, social and economic needs); Facilitate the establishment of housing for senior citizens within certain zones subject to the approval of a site development plan; Comply with state and federal laws prohibiting age discrimination in housing; and 4. 5. Ordinance No. NS-662 Page 5 of 13 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 6. Provide standards and regulations for housing for senior citizens construed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4, the Federal Fair Housing Act, and the Federal Code of Regulations Title 24 Sections 100.300 to 100.308. 21.84.030 Definitions. For the purposes of this chapter, the terms used herein relating to the provision of housing for senior citizens are defined as follows: 1. Cohabitant. “Cohabitant” refers to persons who live together as husband and wife, or persons who are domestic partners within the meaning of Section 297 of the Family Code. 2. Disabilitv. “Disability” means any mental or physical disability as defined in Section 12926 of the Government Code. 3. Housina (Dwellinn Unit). “Housing” or “dwelling unit” means any residential accommodation (rental unit or for-sale unit) designed for occupancy by a senior citizen or qualifying resident, and each unit having only one kitchen, excluding mobile homes in a “senior citizen housing development”. Housing Community. “Housing community” means any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions. A portion or portions of a single building shall not constitute a housing community. “Housing for senior citizens” means a housing community: provided under any State or Federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist senior citizens (as defined in the State or Federal program); or intended for, and solely occupied by, persons 62 years of age or older; or intended and operated for occupancy by persons 55 years of age or older, and where the housing facility is consistent with the definition of a “senior citizen housing development.” A. 4. 5. Housing for Senior Citizens. a. b. c. 6. Senior Citizen. “Senior citizen” means: a. b. a person 62 years of age or older; or a person 55 years of age or older in a “senior citizen housing 7. Senior Citizen Housing Development. “Senior citizen housing a residential development developed, substantially rehabilitated, i. ii. development.” development” means: or substantially renovated, for persons 55 years of age or older, that has: a. at least 35 dwelling units (rental or for-sale units); and at least 80 percent of the occupied dwelling units occupied B. The following definitions shall only apply to a “senior citizen housing “Qualifying resident” means a person 55 years of by at least one person who is 55 years of age or older. development”: age or older in a senior citizen housing development. 1. 2. Qualifvins Resident. Qualified Permanent Resident. “Qualified permanent resident” means: a. A person who meets both of the following requirements: 1. Was residing with the qualifying resident prior to the death, hospitalization, or other prolonged absence of, or the dissolution of marriage with, the qualifying resident; and ii. Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident. A disabled person or person with a disabling illness or injury who is a child or grandchild of the qualifying resident or a qualified permanent resident, who needs to b. Ordinance No. NS-662 Page 6 of 13 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 Zone R-3 R-P R-T R-W RD-M V-R P-c live with the qualifying resident or qualified permanent resident because of the disabling condition, illness or injury. 3. Permitted Health Care Resident. “Permitted health care resident” means a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a family member of the qualifying resident providing that care. The care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both. Housing for Senior Citizens SDP SDP* SDP SDP SDP ** ** 21.84.040 Use Table. development plan (SDP) in certain zones as indicated in the following table: A. Housing for senior citizens is permitted subject to the approval of a site 21.84.050 Location Guidelines. Housing for senior citizens should, whenever reasonably possible, be located consistent with the following location guidelines: 1. 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 to these services; The proposed project should be located within a reasonable walking distance of a bus or transit stop unless a common transportation service for residents is provided and maintained; The proposed project should be located in a topographically level area; and Development of housing for senior citizens at the proposed location should not be detrimental to public health, safety and general welfare. A. 2. 3. 4. 21.84.060 Development Standards and Design Criteria. A. Housing for senior citizens shall comply with all applicable development standards of the underlying zone, except those which may be modified herein or as an additional incentive granted pursuant to Chapter 21 -86 of this code. In the coastal zone, any project processed pursuant to this chapter and Chapter 21.86 of this code shall be consistent with all certified local coastal program provisions, with the exception of density. B. Ordinance No. NS-662 Page 7 of 13 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 C. Parking shall be provided as follows: 1. A minimum of 1.5 covered spaces per every unit, plus 1 covered space for an onsite manager’s unit (when provided), and one guest parking space per every 5 units; 2. Whenever possible, parking spaces should be laid out at either a thirty, forty-five or sixty degree angle; and 3. Required parking spaces shall be available to residents of the project at no fee. 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. The building@) shall be finished on all sides with similar roof and wall materials, colors and architectural accent features. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty-five (25) dwelling units or fractional number thereof. At least one washer and one dryer shall be provided in every project. Washers and dryers may be coin operated. G. A manager’s unit shall be provided in every housing project of 16 or more units (rental projects only). The manager’s unit shall be a complete dwelling unit and so designated on all plans. Housing for senior citizens shall be designed to encourage social contact by providing a minimum of one common room, which may include, but is not limited to, a recreation/social room, a common dining facility or a readingm room. Common open space shall also be provided, which may include, but is not limited to, community gardening areas or open landscaped areas with walkways and seating. Common areas shall be designed to ensure that they are useful and functional for residents, and shall comply with the following: 1. The minimum amount of common area required in each project shall be no less than twenty (20) square feet per dwelling unit; 2. Common space excludes all stairwells and any balconies of less than forty (40) square feet; 3. Unless the building is serviced by an elevator, common rooms shall be located on the ground floor; and 4. Adjacent toilet facilities for men and women shall be provided. I. In addition to the common areas described above, additional services and programs are encouraged, but not required, to be included in all projects to meet the physical and social needs of senior citizens. Such desirable services and programs may include, but are not limited to, the following: D. E. F. H. 1. Social and recreational programs; 2. 3. House cleaningkooking 4. Inside/outside maintenance services; 5. Emergency and preventative health care programs/services; and 6. Transportation services. Access to all common areas and housing units within a project shall be provided without use of stairs, either by means of an elevator or sloped walking ramps. Entryways, walkways, and hallways in the common areas, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair. Walkways and hallways in the common areas shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking, and shall have lighting conditions that are of sufficient brightness to assist persons who have difficulty seeing. Trash collection containers shall be provided in an easily accessible location and in manner that requires a minimum of physical exertion by residents. Trash collection Continuing education, information and counseling services; J. K. L. M. Ordinance No. NS-662 Page 8 of 13 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 containers shall also be completely screened and located as inconspicuously as possible. Trash enclosures shall be of similar colors and materials as the main building. N. Dwelling units shall be provided with the following: 1. 2. 3. 4. Peepholes in entry doors. The design of a housing for senior citizens should, to the extent practicable, implement the principles of Universal Design as currently established by the Center for Universal Design at the North Carolina State University, or any other residential design elements for seniors that may currently be established by the California Department of Aging. Universal Design principles encourage building design with accessible and adaptable features that are universally usable by most people regardless of their level of ability or disability. Examples of Universal Design are as follows: 1. A dwelling unit should be designed to be accessible or adaptable for disabled access; 2. An adaptable dwelling unit has all accessible features that a fixed accessible unit has but allows some items to be omitted or concealed until needed so the dwelling unit can be better matched to individual needs when occupied; and In an adaptable unit, wide doors, no steps, knee spaces, control and switch locations, grab bar reinforcing and other access features must be built in. Grab bars, however, can be omitted and installed when needed. Knee space can be concealed by installing a removable base cabinet that can be removed when needed. Counter tops and closet rods can be placed on adjustable supports rather than fixed at lower heights as required for wheelchair users. Housing for senior citizens shall comply with all applicable building and housing codes, and requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations of Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be construed to limit or reduce any right or obligation applicable under those laws. Tubs and/or showers equipped with, or adaptable for, at least one grab Tubs and/or showers equipped with temperature regulating devices; Slip resistant tub and/or shower bottom surfaces; and bar; 0. 3. P. 21.84.070 lnclusionarv Housing Requirements and Density Bonus Provisions. Any market-rate rental or for-sale project constructed pursuant to this chapter shall be required to comply with the inclusionary requirements for residential developments in Chapter 21.85 of this code. Upon written request by an applicant, and in return for his agreement to develop and operate a project in accordance with this chapter and Chapter 21.86 of this code (residential density bonus), the final decision-making authority shall allow an increase in the number of dwelling units permitted per acre (density), provided the request for density bonus complies with the requirements of Chapter 21.86. A. B. 21.84.080 Application Process. A. Preliminary Review Application - a preliminary review application may be submitted prior to the submittal of a formal application (note - if the project includes a request for a density bonus, a preliminary review application is required). 1. The preliminary review application shall include the following information: a. b. A brief description of the proposal including the total number of The general plan and zoning designations, and assessors parcel senior units, density bonus units and affordable senior units proposed; number(s) of the project site; Ordinance No. NS-662 Page 9 of 13 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 c. A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, existing contours and proposed grading; and d. A letter identifying what specific incentives (Le., density bonus, standards modifications or financial incentives) are being requested of the city, if any. After review of the preliminary application, the planning 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. Formal Application - a proposal to develop housing for senior citizens shall be processed under a site development plan (SDP) application in addition to any otherwise required application(s) (i.e., tentative maps, parcel maps, planned unit developments, etc.). The site development plan application shall be processed according to the provisions of Chapter 21.06 of this code, excluding Section 21.06.020 (b) (I), (2), (3) and (4). The findings for approval of a site development plan for housing for senior citizens are specified in Section 21.84.080 of this chapter. 2. B. 1. A completed application shall include the following information: a. b. A legal description of the total site proposed for development including a statement of present ownership and present and proposed zoning; If a density bonus or other incentives are requested, a letter shall be submitted 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); Site plans and other supporting plans (i.e., a landscape plan, building elevations and floor plans) as per the City’s application submittal requirements; A detailed vicinity map showing the 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; e. A set of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doorways, hallways, closets and cabinets; f. A floor plan of the first floor or other floor showing any common areas and accommodations; g. A monitoring and maintenance plan; and h. Any additional information required as per the City’s application submittal requirements. If the project involves a request for financial incentives from the City, then any decision on such a request shall be made by the City Council upon recommendation from the Housing Commission. In addition, if the project involves a request for financial incentives then the City Council shall have the authority to make the final decision on the site development plan and other related development applications (i.e., tentative maps, parcel maps, planned unit developments, etc.), after consideration of a recommendation from the Planning Commission. 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. C. d. 2. 3. 21.84.090 Findinqs for Approval. A site development plan for housing for senior citizens shall be approved only if the following findings are made: 1. The project is consistent with the various goals, objectives, policies and programs of the General Plan, the provisions of Municipal Code Title 21 (Zoning Ordinance), the Local Coastal Program (if applicable), and/or the provisions of an applicable master or specific plan; A. Ordinance No. NS-662 Page 10 of 13 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 2. The project site is adequate in size and shape to accommodate the proposed project; 3. The project is properly related to and will not adversely impact the site, surroundings and environmental settings, and will not be detrimental to existing uses specifically permitted in the area in which the proposed project is to be located; The project shall not result in density or design that is incompatible with other land uses in the immediate vicinity, and the project will provide and maintain all yards, setbacks, walls, fences, landscaping, and other features determined necessary to provide compatibility with existing or permitted future uses in the neighborhood; 5. The street system serving the proposed project is adequate to properly handle all traffic generated by the project; and 6. The request for a density bonus and/or additional incentive(s) is consistent with the provisions of Chapter 21.86 of this code. (This finding shall only apply to projects requesting a density bonus and/or additional incentives). 4. 21.84.100 Additional Reeuirements. No housing development constructed prior to January 1 , 1985, shall fail to qualify as a “senior citizen housing development” because it was not originally developed or put to use for occupancy by senior citizens. Any person who, on January 1, 1985, had the right to reside in, occupy, or use housing that is subject to the provisions for a “senior citizen housing development” in this chapter and California Civil Code Sections 51.2, 51.3 and 51.4, shall not be deprived of the right to continue that residency, occupancy, or use as the result of the implementation of this chapter. Any person who is not 62 years of age or older, and who, on September 13, 1988, had the right to reside in, occupy, or use housing that is restricted to occupancy by persons 62 years of age or older, shall not be deprived of the right to continue that residency, occupancy or use as a result of the implementation of this chapter; provided that all new occupants are persons 62 years of age or older. D. A developer of housing for senior citizens shall establish a homeowner’s association, board of directors, or other governing body, and corresponding covenants, conditions and restrictions or other documents or written policy. Said CC&Rs or other documents or written policy shall be submitted to and approved by the Planning Director and recorded prior to issuance of a building permit. At a minimum, the CC&Rs or other documents or written policy shall set forth the following: Any such limitation shall not be more exclusive than to require that: I. each person in residence in each dwelling unit be required to be 62 years of age or older; or ii. in a “senior citizen housing development” one person in residence in each dwelling unit is required to be a senior citizen or qualifying resident, and that each other resident in the same dwelling unit may be required to be a qualified permanent resident, a permitted health care resident, or a person under 55 years of age whose occupancy is permitted under California Civil Code Section 51.3 (h) or Section 51.4 (b); The limitations on occupancy may allow for occupancy of units by employees of the housing community (and family members residing in the same unit) who are under 62 years of age, or who do not qualify as a qualifying resident, provided they perform substantial duties directly related to the management or maintenance of the housing community; The limitations on occupancy for housing that is intended for, and solely occupied by, persons 62 years of age or older, shall not be less exclusive than to require that the persons commencing any occupancy of a dwelling unit be 62 years of age or older, excluding occupancy by persons permitted pursuant to Section 21.84.1 OOC. and D. 1 .b, above; A. B. C. 1. Limitations on occupancy, residency or use on the basis of age; a. b. c. Ordinance No. NS-662 Page 11 of 13 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 d. In a “senior citizen housing development”, the limitations on occupancy may be less exclusive than stated above, but shall at least require that the persons commencing any occupancy of a dwelling unit include a qualifying resident who intends to reside in the unit as his or her primary residence on a permanent basis; e. In a “senior citizen housing development”, the limitation on occupancy may result in less than, but not less than 80 percent, all of the dwellings being actually occupied by a qualifying resident; In a “senior citizen housing development”, upon the death, dissolution of marriage, or upon hospitalization, or other prolonged absence of the qualifying resident, any qualified permanent resident, as defined in this chapter and Section 51.3 of the California Civil Code, shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a permitted resident. This provision shall not apply to a permitted health care resident; 3. In a “senior citizen housing development”, a permitted health care resident shall be entitled to occupy a dwelling unit during any period that the person is actually providing live-in, long-term, or hospice health care to a senior citizen or qualifying resident for compensation, which includes the provision of lodging and food in exchange for care; In a “senior citizen housing development”, upon the absence of the qualifying resident, a permitted health care resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit only if: a) the qualifying resident became absent from the dwelling unit due to hospitalization or other necessary medical treatment and expects to return to his or her residence within 90 days from the date the absence began; and b) the absent qualifying resident, or an authorized person acting for the qualifying resident, submits a written request to the owner, HOA, board of directors, or other governing body stating that the qualifying resident desires that the permitted health care resident be allowed to remain in order to be present when the qualifying resident returns to reside in the development. The HOA, board of directors, or other governing body may permit a permitted health care resident to remain for a period longer than 90 days, but not to exceed an additional 90 days; In a “senior citizen housing development”, for any person who is a qualified permanent resident, as defined in this chapter, whose disabling condition ends, the owner, HOA, board of directors, or other governing body may require the formerly disabled resident to cease residing in the development, subject to the provisions of California Civil Code Section 51.3 (b)(3); In a “senior citizen housing development”, CC&Rs or other documents or written policy shall allow temporary residency for a guest, who may be less than 55 years in age, of a qualifying resident, or qualified permanent resident, for periods of time, not less than 60 days in any year, that are specified in the CC&Rs or other documents or written policy. CC&Rs or other documents or written policies applicable housing for senior citizens that contain age restrictions, shall be enforceable only to the extent permitted in California Civil Code Section 51.3, the Federal Fair Housing Act, and the Federal Code of Regulations Title 24 Sections 100.300 to 100.308, notwithstanding lower age restrictions contained in those documents. 2. 4. 5. 6. E. 21.84.1 10 Monitoring and Reportinn Requirements. A. To assure compliance with the age requirement of this chapter, all applicants/owners of housing for senior citizens shall be required to submit, on an annual basis, an updated list of all project tenants and their age to the City’s Planning Director. EFFECTIVE DATE: This ordinance shall become effective thirty (30) 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 publication of general circulation in the City of Carlsbad within Ordinance No. NS-662 Page 12 of 13 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 2t 2; 28 fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become effective within the City's Coastal Zone until LCPA 02-08 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 3d day of June 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 10th day of JUNE 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None ABSTAl N: Nand ATTEST: 1 LORMINE M. WOaD, City Clerk ' (SEAL) APPROVED AS TO LEGALITY AND FORM: n A RONALD R. BALL, City Attorney- Ordinance No. NS-662 Page 13 of 13