HomeMy WebLinkAbout2012-09-25; City Council; 21014; Housing Element Program ImplementationCITY OF CARLSBAD - AGENDA BILL
AB# 21.014 HOUSING ELEMENT PROGRAM DEPT. DIRECTOR AB# 21.014 IMPLEMENTATION - ZCA 09-04/ LCPA 09-03/
ZCA 09-05/ LCPA 09-04/ ZCA 11 -07/
LCPA 11-08/ LCPA 95-10(B)
CITY ATTORNEY MTG. 9/25/12
IMPLEMENTATION - ZCA 09-04/ LCPA 09-03/
ZCA 09-05/ LCPA 09-04/ ZCA 11 -07/
LCPA 11-08/ LCPA 95-10(B)
CITY ATTORNEY
DEPT. CED
IMPLEMENTATION - ZCA 09-04/ LCPA 09-03/
ZCA 09-05/ LCPA 09-04/ ZCA 11 -07/
LCPA 11-08/ LCPA 95-10(B) CITY MANAGER
RECOMMENDED ACTION:
That the City Council
Q$-19Q
hold
and
a public
CS-191
hearing and INTRODUCE Ordinances No.
APPROVING amendments to the City of Carisbad
Zoning Ordinance for ZCA 09-04, ZCA 09-05 and ZCA 11-07, respectively; and ADOPT Resolution No.
?ni 9-997 APPROVING amendments to the City of Carisbad Local Coastal Program for LCPA
09-03, LCPA 09-04, LCPA 11-08, and LCPA 95-10(8) based upon the findings contained therein.
ITEM EXPLANATION:
Project Housing
Commission
Planning
Commission
City
Council
Coastal
Commission
Farmworl<er Housing
ZCA 09-04/LCPA 09-03 RA RA X ^ **
Emergency Shelters
ZCA 09-05/LCPA 09-04 RA RA X • **
Transitional and Supportive Housing
ZCA 11-07/LCPA 11-08 RA RA X • **
Managed Living Units
LCPA 95-1 OfB) RA RA X ^ ***
RA = Recommended adoption/approval
X = Final city decision-making authority
• = Requires Coastal Commission approval
** = The Zone Code Amendments (ZCA) will not become effective until the Coastal Commission
approves the corresponding LCPA.
*** = LCPA 95-10(8), which would amend only the Village Master Plan and Design Manual, also will
not become effective until approved by Coastal Commission.
The city proposes to implement four Housing Element programs from the existing adopted Housing
Element (2005-2012) through amendments to the Zoning Ordinance, Village Master Plan and Design
Manual and Local Coastal Program. Implementation of the programs is necessary to comply with state
law. State law requires cities to facilitate and encourage development of a variety of housing for all
income levels.
The Housing Element programs proposed to be implemented and a brief summary of their relevant
objectives are as follows:
DEPARTMENT CONTACTS: Scott Donnell 760-602-4618 scott.donnell(S).carlsbadGa.gov
Ram Drew 760-602-4644 pam.drew@carisbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC . •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
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1. Program 3.13: Farm Labor Housing (Farmworker Housing) - Amend the Zoning Ordinance to
comply with state law to permit, by right or conditionally, farmworker housing where agricultural
uses are also permitted by right or conditionally;
2. Program 3.14: Housing for the Homeless (Emergency Shelter) - Amend the Zoning Ordinance to
permit, by right or conditionally, year-round emergency shelters in the M and P-M zones;
3. Program 3.15: Transitional and Supportive Housing - Amend the Zoning Ordinance to define and
permit, by right or conditionally, these specific housing types; and
4. Program 3.17: Alternative Housing (Managed Living Units) - Amend the Village Master Plan and
Design Manual to establish standards for managed living units, which are already provisionally
permitted in certain land use districts. (This program only affects the Village Master Plan; no
Zoning Ordinance amendment is needed.)
Additionally, as part of its work to implement Program 3.15, staff also proposes revisions to the definition
and standards regarding residential care facilities.
On June 14, 2012, the Housing Commission voted 3-0-2 (Commissioners Bradwell and Kirk absent) to
recommend approval of the project. No members of the public spoke. The draft Housing Commission
minutes are attached (Exhibit 9).
On July 3 2012 the Planning Commission voted 5-0-2 (Commissioners Nygaard and Scully absent) to
recommend approval of the project. One speaker, a representative from Community Housing Works,
gave public testimony, including information on transitional and supportive housing. The Planning
Commission minutes are attached (Exhibit 10).
Planning Commission and Housing Commission staff reports are attached (Exhibits 7 and 8). Since the
Housing Commission staff report attachments 6-8 (strikeout/underiine version of ordinance changes
proposed) duplicate those in the Planning Commission report, they are not provided.
FISCAL IMPACT:
The recommended actions impose no additional financial burden beyond normal city costs to file
environmental notices with the County Clerk and process the Local Coastal Program Amendment
through the Coastal Commission.
ENVIRONMENTAL IMPACT:
Staff has analyzed the project and has concluded that no potentially significant impacts would result with
the implementation of the amendments that were not previously examined and evaluated in the adopted
MND and Mitigation Monitoring and Reporting Program (MMRP) for the 2005-2010 Housing Element
(GPA 03-02) dated December 22, 2009. The MND for GPA 03-02 comprehensively evaluated the
potential environmental effects of future housing facilitated by implementation of Housing Element
programs, including development of housing (including farmworker housing) and emergency shelters.
The attached Planning Commission resolutions find the project within the scope of the previously
adopted MND and MMRP. Recommended City Council ordinances and resolution incorporate the
findings of the Planning Commission as well as Housing Commission.
EXHIBITS:
1 City Council Ordinance No. CS-189 (ZCA 09-04 - Farmworker Housing)
2 City Council Ordinance No. CS-190 (ZCA 09-05 - Emergency Shelter)
3 City Council Ordinance No. CS-191 (ZCA 11-07 - Transitional and Supportive Housing)
Z
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4. City Council Resolution No. 2Q12-227(LCPA 09-03, LCPA 09-04, LCPA 11 -08. and LCPA 95-
10(B))
5 Housing Commission Resolutions No. 2012-002, 2012-003, 2012-004, 2012-005
6. Planning Commission Resolutions No. 6892, 6893, 6894, 6895, 6896, 6897, and 6898
7. Housing Commission Staff Report dated June 14, 2012
8. Planning Commission Staff Report dated July 3, 2012
9. Excerpt of the draft Housing Commission meeting minutes dated June 14, 2012
10. Excerpt of the Planning Commission meeting minutes dated July 3, 2012.
EXHIBIT 1
1 ORDINANCE NO. CS-189
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO PERMIT OR CONDITIONALLY PERMIT
FARMWORKER HOUSING COMPLEXES IN ZONES WHERE
4 AGRICULTURAL USES ARE PERMITTED OR CONDITIONALLY
PERMITTED; ADD THE DEFINITIONS OF "AGRICULTURE,"
5 "FARMWORKER," "FARMWORKER HOUSING COMPLEX,
LARGE" AND "FARMWORKER HOUSING COMPLEX, SMALL"
6 TO CHAPTER 21.04 (DEFINITIONS); AND ADD SECTION
21.10.125 - FARMWORKER HOUSING COMPLEX
7 REGULATIONS AND STANDARDS TO CHAPTER 21.10 (R-1
ONE-FAMILY RESIDENTIAL ZONE).
8 CASE NAME: FARMWORKER HOUSING
CASE NO: ZCA 09-04
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The City Council of the City of Carisbad, California, does ordain as follows:
SECTION 1: That the list of sections in Chapter 21.04 (Definitions) is amended
by the addition of the reference to the following Sections:
21.04.023 Agriculture.
21.04.148.1 Farmworker.
21.04.148.3 Farmworker housing complex, large.
21.04.148.4 Farmworker housing complex, small.
SECTION II: That Section 21.04.023 (Definitions, "Agriculture") is added as
1 ^ follows: lo
21.04.023 Agriculture.
"Agriculture" means farming in all its branches, including the cultivation and tillage of the
soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or
horticultural commodities (including commodities defined as agricultural commodities in Section
19 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing
animals, or poultry, and any practices (including any forestry or lumbering operations)
2Q performed by a farmer or on a farm as an incident to or in conjunction with such farming
operations, including preparation for market and delivery to storage or to market or to carriers
21 for transportation to market.
22 SECTION nr. That Section 21.04.148.1 (Definitions, "Farmworker") is added as
follows:
23
21.04.148.1 Farmworker.
24 "Farmworker" means any individual engaged in agriculture (as defined in Section
21.04.023).
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21.04.148.3 Farmworker housing complex, large.
28 "Farmworker housing complex, large" includes conventional and non-conventional structures, housing more than 36 faioiworkers or more than 12 units/spaces, such as: group
SECTION IV: That Section 21.04.0148.3 (Definitions, "Farmworker housing
complex, large") is added as follows:
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living quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a
mobile home, manufactured home, recreational vehicle, or travel trailer; or other housing
accommodations, and which is occupied by farmworkers or farmworkers and their households,
and may be for temporary, seasonal, or permanent residence.
SECTION V: That Section 21.04.0148.4 (Definitions, "Farmworker housing
complex, small") is added as follows:
21.04.148.4 Farmworker housing complex, small.
"Farmworker housing complex, small" includes conventional and non-conventional
structures, housing up to 36 farmworkers or 12 units/spaces, such as: group living quarters
(including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home,
manufactured home, recreational vehicle, or travel trailer; or other housing accommodations,
and which is occupied by farmworkers or farmworkers and their households, and may be for
temporary, seasonal, or permanent residence.
SECTION VI: That Table A and accompanying footnotes of Section 21.07.020
(E-A Exclusive Agricultural Zone, Permitted Uses) are amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7
below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory uses and structures (see note 4) X
Airports 3
Animals and poultry — small (less than 25) (see note 1) X
Animals and poultry — small (more than 25) (see note 1) 1
Apiary/bee keeping (subject to Section 21.42.140(B)(5)) 1
Aquaculture (defined: Section 21.04.036) 2
Aviary 1
Biological habitat presen/e (subject to Section 21.42.140(B)(30)) (defined:
Section 21.04.048)
2
Campsites (overnight) (subject to Section 21.42.140(B)(40)) 2
Cattle, sheep, goats and swine production (see note 2) X
Cemeteries 3
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Churches, synagogues, temples, convents, monasteries, and other places
of worship
2
Columbariums, crematories, and mausoleums (not within a cemetery) 2
Crop production X
Drive-thru facilities (not restaurants) 2
Dwelling, single-family (farm house) X
Fairgrounds 3
Family day care home (large) (defined: Section 21.04.147) (subject to
Chapter 21.83)
X
Family day care home (small) (defined: Section 21.04.148) (subject to
Chapter 21.83)
X
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
Floriculture X
Golf courses 2
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1
Greenhouses (2,000 square feet maximum) X
Guest house X
Hay and feed stores 1
Horses, private use X
Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section
21.04.265)
2
Mobile home (see note 5) X
Nursery crop production X
Other uses or enterprises similar to the above customarily carried on in the
field of agriculture
X
Packing/sorting sheds > 600 square feet (subject to Section
21.42.140(B)(70))
1
Plant nurseries and nursery supplies 1
Processing plant (for crops) (subject to Section 21.04.140(B)(115)) 1
Produce/flower stand for display and sale of products produced on the
same premises (see note 3)
X
Public/quasi-public buildings and facilities and accessory utility
buildings/facilities (defined: Section 21.04.297)
2
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 2
Satellite television antennae (subject to Section 21.53.130, et seq.) X
Signs (subject to Chapter 21.41) (defined: Section 21.04.305) X
Stables/riding academies (defined: Sections 21.04.310 and 21.04.315) 2
Stadiums 3
Tree farms X
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Truck farms X
Veterinary clinic/animal hospital (small animals) (defined: Section
21.04.378)
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Windmills (exceeding height limit of zone) (subject to Section
21.42.140(B)(160))
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Wireless communications facilities (subject to Section 21.42.140(B)(165))
(defined: Section 21.04.379)
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Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section
21.04.400)
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Notes:
1. Small animals and poultry: Provided that not more than twenty-five of any one or
combination thereof shall be kept within seventy-five feet of any habitable structure, nor
shall they be located within three hundred feet of a habitable structure on an adjoining
parcel zoned for residential uses, nor shall they be located within one hundred feet of a
parcel zoned for residential uses when a habitable structure is not involved. In any event,
the distance from the parcel zoned for residential uses shall be the greater of the distances
so indicated.
2. Cattle, sheep, goats and swine production: Provided that the number of any one or
combination of said animals shall not exceed one animal per half acre of lot area. Said
animals shall not be located within seventy-five feet of any habitable structure, nor shall they
be located within three hundred feet of a habitable structure on an adjoining parcel zoned for
residential uses, nor shall they be located within one hundred feet of a parcel zoned for
residential uses when a habitable structure is not involved. In any event, the distance from
the parcel zoned for residential uses shall be the greater of the distances so indicated.
3. Produce/flower stands: Provided that the floor area shall not exceed two hundred square
feet and is located not nearer than twenty feet to any street or highway.
4. Accessory uses/structures: Include but are not limited to: private garages, children's
playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops,
barns, offices, coops, lath houses, stables, pens, corrals, and other similar accessory uses
and structures required for the conduct of the permitted uses.
5. Mobile home: Certified under the National Mobile Home Construction and Safety Standards
Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section
18551 of the State Health and Safety Code.
6. Any use meeting the definition of an entertainment establishment, as defined in Section
8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
SECTION VII: That Table A of Section 21.08.020 (R-A Residential Agricultural
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUR Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION Vlll:That Table A of Section 21.09.020 (R-E Rural Agricultural Zone,
Permitted Uses) is amended to add in alphabetical order the following use:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION IX: That Table A of Section 21.09.020 (R-E Rural Agricultural Zone
Permitted Uses) is amended to delete the following use;
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION X: That the list of sections in Chapter 21.10 (R-1 One-Family
Residential Zone) is amended to add the following reference to Section 21.10.125:
21.10.010 Intent and purpose.
21.10.020 Permitted uses.
21.10.030 Second dwelling units.
21.10.040 Home occupations.
21.10.050 Building height.
21.10.060 Front yard.
21.10.070 Side yards.
21.10.080 Placement of buildings.
21.10.090 Minimum lot area.
21.10.100 Lot width.
21.10.110 Lot coverage.
21.10.120 Development standards.
21.10.125 Farmworker housing complex standards.
21.10.130 Severability.
SECTION XI: That Table A of Section 21.10.020 (R-1 One-Family Residential
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION Xll That the footnotes of Table A of Section 21.10.020 (R-1 One-
Family Residential Zone) are amended as follows:
Notes:
1. On each lot or combination of adjacent lots under one ownership, there may be kept one
horse for each ten thousand square feet in the lot or lots; provided, however, that any such
horse may be kept only if it is fenced and stabled so that at no time it is able to graze, stray
or roam closer than seventy-five feet to any building used for human habitation, other than
buildings on the lot or lots, and as to those buildings, no closer than fifty feet.
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1 2. A conditional use permit is not required for a golf course if it is approved as part of a master
plan for a planned community development.
2 3. Mobile homes must be certified under the National Mobilehome Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to
3 Section 18551 of the State Health and Safety Code.
4. Any use meeting the definition of an entertainment establishment, as defined in Section
4 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
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SECTION XIII: That Section 21.10.125 (R-1 One-Family Residential Zone,
Farmworker Dwelling Unit and Farmworker Housing Complex Standards) is added to read as
follows:
21.10.125 Farmworker housing complex standards.
A. Purpose.
10 1. The purpose of this section is to establish standards to ensure that the
development of farmworker housing complexes does not adversely impact adjacent parcels or
11 the surrounding neighborhood and that they are developed in a manner which protects the
health, safety, and general welfare of the nearby residents and businesses, and the character of
12 the City of Carlsbad.
2. The Employee Housing Act allows for flexibility in housing types for farmworker
13 housing, including conventional and non-conventional structures, such as: living quarters,
boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle and
14 travel trailers. The laws and regulations governing these structures depends on the housing
type; however, all employee housing must comply with: the Employee Housing Act (Health and
1^ Safety Code Section 17000 et. seq.) and the Employee Housing Regulations (Title 25 -
Housing and Community Development), which outline specific requirements for the construction
of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and
heating; and the provisions of this section.
1' B. The provisions of this section shall apply to: 1) single-family zones E-A, R-A, R-
E, R-T, R-W, RD-M, L-C and R-1, areas designated by a master plan for single-family detached
dwellings in P-C zones where agricultural uses are allowed; 2) lots within multifamily zones R-2,
R-3, R-P and RMHP; 3) commercial, office and industrial zones C-1, O, C-2, C-T, C-M, C-L, M,
P-M and P-U; and 4) open space zones 0-S and CR-A/OS, which are developed with a
farmworker housing complex.
C. The property owner shall obtain all permits and/or approvals from the City of
Carisbad, as applicable, and the State Department of Housing and Community Development
(HCD) pursuant to Title 25 of the California Code of Regulations. A farmworker housing
complex may require a building permit, and if located in the coastal zone, may also require a
coastal development permit issued according to the provisions of Section 21.201 of this title.
ry. D. A farmworker housing complex shall meet the setback, lot coverage, height, and
other development standards applicable to the zone in which it is located. Additionally, a
24 farmworker housing complex shall be located not less than 75 feet from barns, pens, or other
structures that house livestock or poultry, pursuant to Title 25 of the California Code of
25 Regulations, and not less than 50 feet from any other agricultural and non-agricultural use.
E. All permanent farmworker housing shall provide landscaping around the entire
2^ perimeter of the housing to shield the housing from adjacent structures.
F. Parking shall be as required by Chapter 21.44.
2-7 G. Farmworker housing complexes shall comply, as applicable, with the following: 1)
Employee Housing Act (California Health and Safety Code Sections 17000 - 17062); 2)
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Mobilehome Parks Act (California Health and Safety Code Sections 18200 - 18700); and
Special Occupancy Parks Act (California Health and Safety Code Sections 18860 - 18874).
H. Within 30 days after approval from the City of Carisbad for farmworker housing,
the applicant shall record in the office of the County Registrar-Recorder/County Clerk a
covenant running with the land for the benefit of the City of Carisbad, declaring that the
farmworker housing will continuously be maintained as such in accordance with Chapter 21 of
the Carisbad Municipal Code and also that:
I. The applicant will obtain and maintain, for as long as the farmworker housing is
operated, the appropriate permit(s) from State Department of Housing and Community
Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated
thereunder;
2. The improvements required by the City of Carisbad related to the farmworker
housing shall be constructed and/or installed, and continuously maintained by the applicant;
3. The applicant will submit the annual verification form to the City Planner as
required by Section 22.10.125(1); and
4. Any violation of the covenant and agreement required by this section shall
be subject to the enforcement procedures of Title 1 of the Carisbad Municipal Code.
1. The property owner shall, if applicable: 1) complete and submit to the City
Planner a verification form no later than 30 days after receiving a permit to operate from HCD;
2) a verification form shall be submitted to the City Planner annually to ensure compliance with
Title 21 of the Carisbad Municipal Code; and 3) the verification form shall include: information
regarding the agricultural use, housing type, number of dwelling units or beds, number of
occupants, occupants' employment information, and proof that a permit to operate from HCD
has been obtained and maintained.
J. Farmworker housing complex shall be removed from the property within 90 days
of temiination of the property's use from agricultural production.
SECTION XIV: That Table A of Section 21.12.020 (R-2 Two-Family Residential
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XV: That Table A of Section 21.16.020 (R-3 Multi-Family Residential
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XVI: That Table A of Section 21.18.020 (R-P Residential Professional
Zone, Permitted Uses) is amended by the addition of the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
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SECTION XVII: That Table A of Section 21.18.020 (R-P Residential Professional
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XVllI: That Table B of Section 21.18.020 (R-P Residential Professional
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XIX: That Table A of Section 21.20.020 (R-T Residential Tourist Zone,
Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XX: That Table A of Section 21.22.020 (R-W Residential Waten^/ay
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXI: That Table A of Section 21.24.020 (RD-M Residential Density-
Multiple Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXII: That Table A of Section 21.25.020 (C-F Community Facilities
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXIll: That Table A of Section 21.26.020 (C-1 Neighborhood
Commercial Zone, Permitted uses) is amended by the addition of the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXIV: That Table A of Section 21.26.020 (C-1 Neighborhood
Commercial Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXV: That Table A of Section 21.27.020 (O Office Zone, Permitted
uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
1
SECTION XXVI: That Table A of Section 21.27.020 (O Office Zone, Permitted
uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXVIl: That Table A of Section 21.28.020 (C-2 General Commercial
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXVIII: That Table A of Section 21.28.020 (C-2 General Commercial
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXIX: That Table A of Section 21.29.020 (C-T Commercial Tourist
Zone, Permitted uses) is amended to add in alphabetical order the following use:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXX: That Table A of Section 21.29.020 (C-T Commercial Tourist
Zone, Permitted uses) is amended by to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXI: That Table A of Section 21.30.020 (C-M Heavy Commercial ~
Limited Industrial Zone, Permitted uses) is amended to add in alphabetical order the following
use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XXXII: That Table A of Section 21.30.020 (C-M Heavy Commercial -
Limited Industrial Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXlll: That Table A of Section 21.31.020 (C-L Local Shopping Center
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXXIV: That Table A of Section 21.31.020 (C-L Local Shopping
Center Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXV: That Table A of Section 21.32.020 (M Industrial Zone,
Permitted uses) is amended to add in alphabetical order the following uses:
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Uses P CUP Acc
Farmworker housing complex, large (subject to Section 21.10.125)
(defined: Section 21.04.148.3)
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Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XXXVl: That Table A of Section 21.32.020 (M Industrial Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXVll: That Table A of Section 21.33.020 (0-S Open Space Zone,
Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XXXVIll: That Table A of Section 21.33.020 (0-S Open Space Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXIX: That Table A of Section 21.34.020 (P-M Planned Industrial
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXXL: That Table A of Section 21.34.020 (P-M Planned Industrial
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XLI: That Table A of Section 21.36.020 (P-U Public Utility Zone,
Permitted uses) is amended to add in alphabetical order the following use:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XLll: That Table A of Section 21.36.020 (P-U Public Utility Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XLIll: That Table A of Section 21.37.020 (RMHP Residential Mobile
Home Park Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XLIV: That Table A of Section 21.39.020 (L-C Limited Control Zone,
Permitted Uses) is amended to add in alphabetical order the following use:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted.
'CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Animals and poultry — small (less than 25) (see note 1) X
Cattle, sheep, goats, and swine production (see note 2) X
Crop production X
Family day care home (large and small) (subject to Chapter 21.83 of
this title)
X
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
Floriculture X
Greenhouses, less than 2,000 square feet X
Horses, private use X
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Nursery crop production X
Other uses or enterprises similar to the above customarily carried on in
the field of agriculture
X
Produce stand for display and sale of products produced on the same
premises (see note 3)
X
Tree farms X
Truck farms X
SECTION XLV: That the footnotes of Table A of Section 21.39.020 (L-C
Limited Control Zone, Permitted Uses) are amended as follows:
Notes:
1. Small animals and poultry: Provided that not more than twenty-five of any one or
combination thereof shall be kept within seventy-five feet of any habitable structure, nor
shall they be located within three hundred feet of a habitable structure on an adjoining
parcel zoned for residential uses, nor shall they be located within one hundred feet of a
parcel zoned for residential uses when a habitable structure is not involved. In any event,
the distance from the parcel zoned for residential uses shall be the greater of the distances
so indicated.
2. Cattle, sheep, goats, and swine production: Provided that the number of any one or
combination of said animals shall not exceed one animal per half acres of lot area. Said
animals shall not be located within seventy-five feet of any habitable structure, nor shall they
be located within three hundred feet of a habitable structure on an adjoining parcel zoned for
residential uses, nor shall they be located within one hundred feet of a parcel zoned for
residential uses when a habitable structure is not involved. In any event, the distance from
the parcel zoned for residential uses shall be the greater of the distances so indicated.
3. Produce stands: Provided that the floor area shall not exceed two hundred square feet and
is located not nearer than twenty feet to any street or highway.
SECTION XLVI: That Section 21.42.140 (Minor Conditional Use Permits and
Conditional Use Permits, Development standards and special regulations) is proposed to be
amended by the deletion of the following use:
2. Agricultural farm worker housing (temporary):
a. A CUP is required unless exempted by Government Code Section 65589.4.
SECTION XLVII: That Table A in Section 21.44.020 (Number of off-street
parking spaces required) is amended by the addition of the following residential uses to be
added at the end of Table A's list of "Residential Uses":
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Table A
Number of Off-Street Parking Spaces Required
Use Number Of Off-Street Parking Spaces
Residential
Uses
Farmworker housing
complex, large
The number of required parking spaces shall be
determined by the city planner and shall be based
on the operating characteristics of a specific
proposal, including, but not limited to, number of: 1)
employees, 2) beds and 3) service deliveries.
Residential
Uses
Farmworker housing
complex, small
One parking space for every four beds plus one
space for an on-site manager
SECTION XLVIll: Table A of Section 21.209.040 (CR-A/OS Cannon Road
Agricultural/Open Space Zone, Permitted primary and secondary uses) is proposed to be
amended to add in alphabetical order the following Primary agricultural use and renumbering of
the following footnote:
Table A
Permitted Uses
In the table, below, subject to ail applicable permitting and development requirements of the
municipal code:
"P" indicates that the use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission process
Agricultural Uses
Primary Agricultural Uses P CUP
Agricultural crop production (wholesale)
(including floriculture and horticulture, and structures necessary for
production, maintenance, harvesting, storage and distribution
functions associated with directly supporting the on-site primary
agricultural crop production use)
X
Agricultural-related educational, research and development facilities 1
Community farming
(example: individual citizens or community groups growing
agricultural crops)
X
Farmworker, housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
Energy transmission and distribution facilities, including but not
limited to rights-of-way and pressure control or booster stations,
substations, gas metering/regulating stations or operating centers for
gasoline, electricity, natural gas, synthetic natural gas, oil or other
forms of energy sources, with the necessary accessory equipment
incidental thereto
X
Farmers market (sale of primarily agricultural products) 1
Floral trade center (wholesale or retail) 2
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Greenhouses X
Plant nurseries and supplies (retail) 1
Tree and seed growing farms X
Utility buildings/facilities that are built, operated, or maintained by a
public utility to the extent that they are regulated by the California
Public Utilities Commission
X
Vineyards and wineries X
Secondary Agricultural Uses p CUP
Agricultural distribution facilities 2
Other accessory or related uses that promote the continuation of a
primary permitted agricultural use, as determined by the City Planner
1
Public/private events and activities (permanent or temporary) related
to promoting a primary permitted agricultural use (examples:
demonstrations, seasonal sales/temporary sales, special events,
tours) (see note 1 below)
X
Retail sales of agricultural crops and related products limited to a
cumulative area of 1,000 square feet or less
(examples: on- premise sale of crops to the public, produce store,
"you pick" operations, sale of products made from crops)
X
Retail sales of agricultural crops and related products with a
cumulative area of more than 1,000 square feet
(examples: on-premise sale of crops to the public, produce store,
"you pick" operations, sale of products made from crops)
1
Open Space Uses
Primary Open Space Uses p CUP
Amphitheater 2
Aquarium 1
Art gallery 1
Civic and public gathering spaces
(examples: art display, gazebos, public plazas, sitting areas, water
features, wedding areas)
X
Community learning center
(excluding "educational institution or school" as defined in Section
21.04.140)
1
Community meeting center
(excluding a city hall or civic center)
1
Cultural center 1
Dog park 1
Energy transmission and distribution facilities, including but not
limited to rights-of-way and pressure control or booster stations,
substations, gas metering/regulating stations or operating centers for
gasoline, electricity, natural gas, synthetic natural gas, oil or other
forms of energy sources, with the necessary accessory equipment
incidental thereto
X
Gardens (public or private)
(examples: botanical, rose, tea, and meditation gardens)
1
Habitat preserves and natural areas X
Historic center 1
Museum 1
Parks (public or private) 1
Performing arts center 2
Picnic areas 1
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Sports or recreation center
(public or private) (indoor or outdoor)
(examples: athletic courts and fields, boys and giris club, lawn
bowling, swimming pools, tennis courts)
2
Trails
(examples: bicycle, exercise, equestrian, nature,
pedestrian)
X
Utility buildings/facilities that are built, operated, or maintained by a
public utility to the extent that they are regulated by the California
Public Utilities Commission
X
Secondary Open Space Uses P CUP
Food service, including restaurants and cafes, limited to a cumulative
area of 500 square feet or less
X
Food service, including restaurants and cafes with a cumulative area
of more than 500 square feet
1
Other accessory or related uses that promote the continuation of a
primary permitted open space use
1
Public/private events and activities
(permanent or temporary) related to promoting a primary permitted
open space use
(examples: demonstrations, seasonal sales/temporary sales, special
events, tours) (see note 1 below)
X
Retail sales of goods and products, related to a primary
permitted open space use, limited to a cumulative area of 500
square feet or less
X
Retail sales of goods and products, related to a primary
permitted open space use, with a cumulative area of more than 500
square feet
1
Notes:
1. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private
Property and/or Temporary Sales Location permits as appropriate.
SECTION XLIX: That the findings of the Housing Commission in Housing
Commission Resolution No. 2012-002 shall constitute the findings of the City Council.
SECTION XL: That the findings of the Planning Commission in Planning
Commission Resolution No. 6892 shall constitute the findings of the City Council.
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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 the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be published at least
once in a newspaper of general circulation in the City of Carisbad within fifteen days after its
adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by
the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on
the 25th day of October 2012, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carisbad on the day of , 2012, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 2
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ORDINANCE NO. CS-190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
AMENDMENT TO DEFINE "EMERGENCY SHELTER," PERMIT
OR CONDITIONALLY PERMIT SHELTERS IN THE M AND P-M
ZONES, AND ADD DEVELOPMENT STANDARDS FOR THE
SAME.
CASE NAME: EMERGENCY SHELTER
CASE NO: ZCA 09-05
The City Council of the City of Carisbad, California, does ordain as follows:
SECTION 1: That the list of sections in Chapter 21.04 (Definitions) is amended
to add the following reference to Section 21.04.140.5
21.04.140.5 Emergency Shelter
SECTION 11: That Section 21.04.140.5 (Definitions, "Emergency Shelter") is
added as follows:
21.04.140.5 Emergency Shelter
"Emergency shelter" means year-round housing with minimal supportive services for
homeless persons or families with occupancy limited to six months or less by homeless
persons.
SECTION III: That the list of sections in Chapter 21.32 (M Industrial Zone) is
amended to add the following reference to Section 21.32.070:
Sections:
21.32.010 Permitted uses.
21.32.020 Front yard.
21.32.030 Side yards.
21.32.040 Placement of buildings.
21.32.050 Building height.
21.32.060 Employee eating areas.
21.32.070 Emergency shelter standards
21.32.070 Emergency shelter.
SECTION IV: That Table A of Section 21.32.010 (M Industrial, Permitted Uses) is
amended to add in alphabetical order the following uses:
Use P CUP Acc
Emergency shelter, no more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
X
Emergency shelter, more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
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1 SECTION V: That Section 21.32.070 (M Industrial Zone, Emergency shelter
2 standards) is added as follows:
3 21.32.070 Emergency shelter
4 A. The purpose of this section is to establish standards to ensure that the
development of emergency shelters does not adversely impact adjacent parcels or the
5 surrounding neighborhood and that they are developed in a manner which protects the health,
safety, and general welfare of the nearby residents and businesses and the character of the City
6 of Carisbad.
B. No individual shall be denied emergency shelter because of an inability to pay;
C. Emergency shelters shall be operated under the authority of a governing agency
g or private, non-profit organization that provides, or that contracts with recognized community
organizations to provide, emergency shelters and which, when required by law, are properiy
9 registered and licensed.
D. State laws and regulations: Emergency shelters shall comply with the latest
10 California Health and Safety Codes.
E. Emergency shelters shall comply with all property development standards of the
11 zone in which they are located in addition to the following development standards.
1. Location. No emergency shelter shall be located:
a. Immediately adjacent to any residentially zoned property;
J 2 b. Within 300 feet of another emergency or similar shelter.
2. Maximum number of beds or persons. No more than 30 beds shall be provided
14 and no more than 30 persons shall be served in any single emergency shelter, except as
authorized by a Conditional Use Permit approved by the City Council pursuant to Chapter
,5 21.42.
3. Parking. Parking shall be as required by Chapter 21.44.
16 4. Building and premises. Each emergency shelter shall include, at a minimum, the
following:
1^ a. Adequate interior and exterior lighting;
b. Adequate indoor client intake/waiting area if client intake is to occur on-site. If an
exterior waiting area is also provided, it shall be enclosed or screened from
public view and adequate to prevent queuing into the public right of way and
required parking and access;
20 c. Clean sanitary beds and sanitation facilities, including showers and toiletries;
d. Segregated sleeping, lavatory and bathing areas if the emergency shelter
21 accommodates both men and women in the same building. Reasonable
accommodation shall be made to provide segregated sleeping, lavatory and
22 bathing areas for families;
23 e. Individual lockers to allow shelter clients to secure their private possessions while
using the shelter.
24 F. Management. At least one facility manager shall be on-site at all hours the facility
is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff
25 member is provided in all segregated sleeping areas, as appropriate.
G. No person shall be allowed to camp on the premises or sleep on the premises
26 outside of the shelter building.
H. Emergency shelters may provide one or more of the following types of supportive
27 facilities or services for the exclusive use or benefit of the shelter clients:
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1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services.
SECTION VI: That Table A in Section 21.34.020 (P-M Planned Industrial Zone,
Permitted Uses) of the Carisbad Municipal Code is amended to add in alphabetical order the
following uses:
Use P CUP Acc
Emergency shelter, no more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
X
Emergency shelter, more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
3
SECTION VII: That Table A in Section 21.44.020 (Number of off-street parking
spaces required) is amended by the addition of the following residential use to be added at the
end of Table A's list of "Residential Uses":
Table A
Number of Off-Street Parking Spaces Required
Use Number Of Off-Street Parking Spaces
Residential
Use Emergency Shelters
The number of required parking spaces shall be
determined by the city planner and shall be based on
the operating characteristics of a specific proposal,
including, but not limited to, number of: 1) employees,
2) beds and 3) service deliveries.
SECTION VIII: That the findings of the Housing Commission in Housing
Commission Resolution No. 2012-003 shall constitute the findings of the City Council.
SECTION IX: That the findings of the Planning Commission in Planning
Commission Resolution No. 6894 shall constitute the findings of the City Council.
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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 the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney to be published at least
once in a newspaper of general circulation in the City of Carisbad within fifteen days after its
adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by
the Califomia Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on
the 25th day of October 2012, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carisbad on the day of 2012, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 3
1 ORDINANCE NO. CS-191
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO ADD DEFINITIONS AND STANDARDS FOR
"TRANSITIONAL HOUSING" AND "SUPPORTIVE HOUSING,"
4 PERMIT OR CONDITIONALLY PERMIT THE SAME IN
RESIDENTIAL AND CERTAIN COMMERCIAL ZONES, REVISE
5 THE DEFINITION AND STANDARDS FOR "RESIDENTIAL CARE
FACILITIES," AND PERMIT RESIDENTIAL CARE FACILITIES IN
6 RESIDENTIAL ZONES AND CERTAIN COMMERCIAL ZONES
WHERE CURRENTLY NOT ALLOWED.
7 CASE NAME: TRANSITIONAL & SUPPORTIVE HOUSING
CASE NO: ZCA 11-07
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The City Council of the City of Carisbad, California, does ordain as follows:
SECTION I: That the list of sections in Chapter 21.04 (Definitions) is amended
by adding the following references to sections 21.04.355.1 and 21.04.362 to read as follows:
21.04.355.1 Supportive housing
12 21.04.362 Transitional housing
13 SECTION II: That Section 21.04.300 (Definitions, "Residential Care Facility") is
1^ amended to read as follows:
1^ 21.04.300 Residential Care Facility
"Residential care facility" means any family home, group care facility, or similar facility,
licensed by the State of California, for twenty-four hour nonmedical care of persons in need of
personal services, supervision or assistance essential for sustaining the activities of daily living
^' or for the protection of the individual as provided in Section 1502 of the California Health and
Safety Code.
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SECTION III: That Section 21.04.355.1 (Definitions, "Supportive Housing") is
added to read as follows:
21.04.355.1 Supportive Housing
"Supportive housing" means housing with no limit on length of stay that is occupied by
22 the target population (as defined in state Health and Safety Code Section 50675.14 (b) (3)) and
that is linked to onsite or offsite services that assist the supportive housing resident in retaining
23 the housing, improving his or her health status, and maximizing his or her ability to live and,
when possible, work in the community.
SECTION IV: That Section 21.04.362 (Definitions, "Transitional Housing") is
added to read as follows:
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21.04.362 Transitional Housing
27 "Transitional housing" means rental housing operated under program requirements that
call for the termination of assistance and recirculation of the assisted unit to another eligible
2g program recipient at some predetermined future point in tim.e, which shall be no less than six
months. n^
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SECTION V: That Table A of Section 21.08.020 (R-A Residential Agricultural
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VI: That Table A of Section 21.09.020 (R-E Rural Residential Estate
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (sen/ing six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VII: That Table A of Section 21.10.020 (R-1 One-Family Residential
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION Vlll: That Table A of Section 21.12.020 (R-2 Two-Family Residential
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (sen/ing six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
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SECTION IX: That Table A of Section 21.16.020 (R-3 Multiple-Family Residential
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
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Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (sen/ing more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION X: That Table B of Section 21.18.020 (R-P Residential Professional
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Residential care facilities (sen/ing six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION XI: That Table A of Section 21.20.010 (R-T Residential Tourist Zone,
Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
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SECTION Xll: That Table A of Section 21.22.010 (R-W Residential WatenA/ay
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION Xlll: That Table A of Section 21.24.010 (RD-M Residential Density-
Multiple Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to
read as follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
Transitional housing (sen/ing more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.362)
2
SECTION XIV: That Section 21.26.015 (Residential uses in the C-1 Zone) is
amended by adding subsection D to read follows:
D. Residential uses shall include residential care facilities, supportive housing, and
transitional housing, each serving six or fewer persons.
SECTION XV: That Section 21.28.015 (Residential uses in the C-2 Zone) is
amended by adding subsection D to read as follows:
D. Residential uses shall include residential care facilities, supportive housing, and
transitional housing, each serving six or fewer persons.
SECTION XVI: That Section 21.31.065 (Residential uses in the C-L Zone) is
amended by adding subsection D to read as follows:
D. Residential uses shall include residential care facilities, supportive housing, and
transitional housing, each sen/ing six or fewer persons.
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SECTION XVII: That Table A of Section 21.37.020 (RMHP Residential Mobile
Home Park, Permitted Uses) is amended by adding in alphabetical order the following uses to
read as follows:
Use P CUP Acc
Residential care facilities (serving six or fewer persons)
(defined: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION XVIII: That Section 21.42.140 B. 125 is amended to read as follows:
125. Residential Care Facilities, Supportive Housing, and Transitional Housing (all
serving more than six persons):
a. Facilities shall comply with all the rules, regulations and standards required by
the State Department of Social Services.
b. Facilities shall meet current California Code of Regulations (Title 24) for
occupancy, as defined.
c. Facilities shall provide off-street parking as required in Chapter 21.44 of this title.
d. Additional requirements and restrictions may be imposed as determined
necessary by the decision-making authority to ensure facilities meet the findings stated in
Section 21.42.030. These requirements and restrictions may include provisions regarding but
not limited to the following items:
1. Hours of operation, such as for deliveries and other services
2. Noise
3. Lighting
4. Location and screening of parking, sen/ice, and other outdoor areas
5. Security
6. Loitering
SECTION XIX: That Table A in Section 21.44.020 (Number of Off-street Parking
Spaces Required) is amended by adding the following uses to the end of the list of "Residential
Uses" to read as follows:
Use Number of Off-Street Parking Spaces
Residential Uses
Supportive
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
Residential Uses Transitional
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
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SECTION XX: That the description "for other residential uses or care facilities
(e.g., housing for senior citizens, hospitals, residential care facilities, etc.)" found in Table B of
Section 21.44.020 (Parking Space and Areas) is amended to read as follows:
Subject Requirement
For other Not more than 150 feet walking distance from
residential uses the nearest point of the parking facility to the
or care facilities nearest point of the building that the parking
(e.g., housing facility is required to serve.
for senior
citizens.
hospitals, and.
Location of required when serving
parking more than six
persons.
residential care
facilities.
supportive
housing, and
transitional
housing)
SECTION XXI: That the findings of the Housing Commission in Housing
Commission Resolution No. 2012-004 shall constitute the findings of the City Council.
SECTION XXII: That the findings of the Planning Commission in Planning
Commission Resolution No. 6896 shall constitute the findings of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city cleri< shall certify the adoption of this ordinance and cause the full text of the ordinance
or a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carisbad within fifteen days after its adoption.
{Notwithstanding the preceding, this ordinance shall not be effective until approved by the
California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 25th day of September 2012, and thereafter.
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EXHIBIT 4
1 RESOLUTION NO. 2012-227
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING LOCAL COASTAL
3 PROGRAM AMENDMENTS TO IMPLEMENT PROGRAMS 3.13
(FARM LABOR HOUSING), 3.14 (EMERGENCY SHELTER), 3.15
4 (TRANSITIONAL AND SUPPORTIVE HOUSING), AND 3.17
(ALTERNATIVE HOUSING) OF THE 2005-2010 HOUSING
5 ELEMENT.
CASE NAME: HOUSING ELEMENT PROGRAM
6 IMPLEMENTATION
CASE NO: LCPA 09-03/LCPA 09-04/LCPA 11-08/
7 LCPA 95-10(B)
8 The City Council of the City of Carisbad, California, does hereby resolve as
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follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Housing
Commission did, on June 14, 2012, hold a public meeting as prescribed by law to consider
Local Coastal Program Amendment (LCPA) 95-10(B) as referenced in Housing Commission
Resolution No. 2012-005; and
WHEREAS, the Housing Commission adopted Housing Commission Resolution
No. 2012-005 and recommended to the City Council approval of LCPA 95-10(B); and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 3, 2012, hold a duly noticed public hearing as prescribed by law to
consider LCPA 09-03, LCPA 09-04, LCPA 11-08, and LCPA 95-10(B) as referenced in Planning
Commission Resolutions No. 6893, 6895, 6897, and 6898, respectively; and
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 6893, 6895, 6897, and 6898 and recommended to the City Council approval of
LCPA 09-03, LCPA 09-04, LCPA 11-08, and LCPA 95-10(B), respectively; and
WHEREAS, the City Council of the City of Carisbad, on the 25th day of
24 September , 2012, held a duly noticed public hearing to consider said Local Coastal
25 Program Amendments; and
2^ WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
28 relating to the Local Coastal Program Amendments. f
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
2 of Carisbad as follows:
3 1. That the above recitations are true and correct.
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2. That the recommendation of the Housing Commission for the approval of
LCPA 95-10(B) is adopted and approved, and that the findings of the Housing Commission
contained in Housing Commission Resolution No. 2012-005 on file with the City Clerk and
incorporated herein by reference are the findings of the City Council.
7 3. That the recommendations of the Planning Commission for the approval
of LCPA 09-03, LCPA 09-04, LCPA 11-08 and LCPA 95-10(B) are adopted and approved, and
8 that the findings of the Planning Commission contained in Planning Commission Resolutions
No. 6893, 6895, 6897, and 6898 on file with the City Clerk and incorporated herein by reference
9 are the findings of the City Council.
10 4. That the approval of LCPA 09-03, LCPA 09-04, LCPA 11-08 and LCPA
95-10(B) shall not become effective until it is approved by the California Coastal Commission
11 and the California Coastal Commission's approval becomes effective.
12 5. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carisbad Municipal Code, "Time Limits for Judicial
13 Review," shall apply:
14 "NOTICE TO INTERESTED PARTIES"
1^ The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
1^ made applicable in the City of Carisbad by Carisbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carisbad on the 25*^ day of September 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
None.
ABSENT: None.
MATT*MALL, Mayor
ATTEST:
LORRAHVip M. WOOD, City Clerk
(SEAL)
EXHIBIT 5
1 HOUSING COMMISSION RESOMTTION NO. 2012-002
^ A RESOLUTION OF THE HOUSING COMMISSION OF THE
^ CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
4 APPROVAL OF A ZONE CODE AMENDMENT TO PERMIT
5 OR CONDITIONALLY PERMIT FARMWORKER HOUSING
COMPLEXES IN ZONES WHERE AGRICULTURAL USES
^ ARE PERMITTED OR CONDITIONALLY PERMITTED; ADD
7 THE DEFINITIONS OF "AGRICULTURE," "FARMWORKER,"
o "FARMWORKER HOUSING COMPLEX, LARGE" AND
"FARMWORKER HOUSING COMPLEX, SMALL" TO
9 CHAPTER 21.04 (DEFINITIONS); ADD SECTION 21.10.125 -
10 FARMWORKER HOUSING COMPLEX STANDARDS TO
CHAPTER 21.10 (R-1 ONE-FAMILY RESIDENTIAL ZONE);
AND MAKE MISCELLANEOUS RELATED CHANGES TO
12 VARIOUS ZONING ORDINANCE SECTIONS.
13 CASE NAME: FARMWORKER HOUSING
CASE NO: ZCA 09-04 • .. .
14 \ "
15 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment
pursuant to Section 21.52.020 ofthe Carlsbad Municipd Code to:
18 Amend Zoning Ordinance chapters relating to definitions, parking standards
and various sections of the Zoning Ordinance (Title 21) to address ftirmworker housing as
21 specified in Program 3.13 of the 2005-2010 City of Carisbad Housing Element; and
WHEREAS the proposed amendment is set forth in the draft City Council
23
24 Ordinance, Exhibit "X" dated, June 14, 2012, and attached hereto FARMWORKER
HOUSING - ZCA 09-04; and
WHEREAS, the proposed amendment implements the State Employee
Housing Act Section 17000 et seq. of the Health and Safety Code, in particular Section
17021.6, which considers farmworker housing consisting of 36 or fewer beds in group
living quarters or 12 units or spaces for farmworkers and their households, as an
agricultural land use whereby no conditional use permit, zoning variance, or other zoning
clearance shall be required of farmworker housing that is not required of any other
agricultural activity in the same zone, and Section 17008 which allows for flexibility of
housing types, which include both conventional and non-conventional structures; and
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1 WHEREAS, the Housing Commission did on June 14, 2012, hold a duly noticed
2 ,
3 public hearing as prescribed by law to consider said request; and
4 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
7 relating to the Zone Code Amendment,
^ NOW THEREFORE, BE IT HEREBY RESOLVED by the Housing
9
10 Commission as follows:
A) That the foregoing recitations are true and correct.
28
inat Dasea on ine cviucnwc picdcmcu oi mv
RECOMMENDS APPROVAL of FARMWORKER HOUSING - ZCA 09-
04, based on the following findings:
11
12
n That based on the evidence presented at the public hearing, the Commission
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16 Findings;
1. That the proposed Zone Code Amendment ZCA 09-04 is consistent with the General
18 Plan in that it implements:
a. Land Use Element Agriculture Objective B.l, which states, "To permit
20 agricultural land uses throughout the city.*'
21 b Land Use Element Agriculture Objective B.3, which states, "To develop
measures to ensure the compatibility of agricultural production and adjacent
land uses." . ^ r, .
23 c Housing Element Program 3.13 Objective, which states, "Amend the Zonmg
24 Ordinance to comply with Health and Safety Code Section 17021.6, permitting
by right farmworker housing of no more than 36 beds in a group quarters or 12
units or spaces designed for use by a single-family or household on properties
26 where agricultural uses are permitted..."
27
2. That the proposed ZCA reflects sound principles of good planning in that it:
a Is consistent with the General Flan;
b. Provides clear definitions and development standards for farmworker housmg;
c. Amends the "Permitted Uses" table of various zones so it is clear where
farmworker housing is permitted and conditionally permitted.
3 That the proposed ZCA complies with state law in that the proposed amendment
implements State Employee Housing Act Section 17000 et seq. of the Health and
Safety Code, in particular Section 17021.6, which requires the city to treat
farmworkers and their households, as an agricultural land use whereby no
conditional use permit, zoning variance, or other zoning clearance shall be required
HCRESO NO. 2012-002 -2-
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of farmworker housing that is not required of any other agricultural activity in the
same zone, and Section 17008 which allows for flexibility of housing types, which
include both conventional and non-conventional structures.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing
Commission of the City of Carlsbad, held on June 14,2012, by the following vote, to wit:
AYES: ANDREWS, IGOE AND SMITH
NOES: NONE
ABSENT: BRADWELL AND KIRK
ABSTAIN: NONE
BOBBIE SMITH, CHAIRPERSON
CARLSBAD HOUSING COMMISSION
ATTEST:
DEBBIE K. FOUNTAl
DIRECTOR OF HOUSING AND NEIGHBORHOOD SERVICES
HC RESONO. 2012-002 -3-
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HOUSING COMMISSION RESOLUTION NO. 2012-003
A RESOLUTION OF THE HOUSING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO DEFINE
"EMERGENCY SHELTER," PERMIT OR CONDITIONALLY
PERMIT SHELTERS IN THE M AND P-M ZONES, AND ADD
DEVELOPMENT STANDARDS FOR THE SAME.
CASE NAME: EMERGENCY SHELTER
CASE NO: ZCA 09-05
WHEREAS, the City Planner has prepared a proposed Zone Code Amcndnient
pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
Amend Zoning Ordinance chapters relating to definitions, parking standards
and Industrial (M) and Planned Industrial (P-M) zones of the Zoning Ordinance (Title 21)
to address emergency shelters as specified in Program 3.14 of the 2005-2010 City of
Carlsbad Housing Element; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit "X" dated, June 14,2012, and attached hereto EMERGENCY SHELTER
- ZCA 09-05; and
WHEREAS, the proposed amendment implements Government Code
Section 65583(4)(A), which requires cities to identify a zone or zones that can
accommodate at least one year-round emergency shelter that is allowed as a permitted use
without a conditional use or other discretionary permits; and
WHEREAS, the Housing Commission did on June 14, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing
Commission as follows:
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A) That the foregoing recitations are true and correct.
B^ That based on the evidence presented at the public hearing, the Commission
^ RECOMMENDS APPROVAL of EMERGENCY SHELTER - ZCA 09 05,
based on the following findings:
Findings;
1. That the proposed Zone Code Amendment ZCA 09-05 is consistent Avith the General
Plan in that it implements:
a. Land Use Element Overall Land Use Pattern Objective B.3, which states, the
City of Carlsbad is "To provide for the social and economic needs of the
community in conjunction with permitted land uses."
b Housing Element Program 3.14 Objective, which states "Amend the Zonmg
Ordinance to permit emergency shelters by right in the Planned Industrial (P-
M) andiiidustrial (M) zones..."
2, That the proposed ZCA reflects sound principles of good planning in that it:
a Is consistent with the General Plan; and
b. Provides a clear definition and development standards for emergency shelters;
c. Amends the "Permitted Uses" table of the P-M and M zones so it is clear where
emergency shelters are permitted and conditionally permitted.
3 That the proposed ZCA complies with state law in that the proposed amendment
implements Government Code Section 65583(4)(A), which requires cities to identify
a zone or zones that can accommodate at least one year-round emergency shelter
that is allowed as a permitted use without a conditional use or other discretionary
permits.
HC RESONO. 2012-003 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing
Commission of the City of Carlsbad, held on June 14, 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANDREWS, IGOE AND SMITH
NONE
BRADWELL AND KIRK
NONE
SMITH, CHAIRPERSON
CARLOAD HOUSING COMMISSION
ATTEST:
DEBBIE K, FOUNTAIN
DIRECTOR OF HOUSING AND NEIGHBORHOOD SERVICES
HC RESONO 2012-003 3?
1 HOUSING COMMISSION RESOLUTION NO. 2012-004
2
A RESOLUTION OF THE HOUSING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
4 APPROVAL OF A ZONE CODE AMENDMENT TO ADD
5 DEFINITIONS AND STANDARDS FOR "SUPPORTIVE
HOUSING" AND "TRANSITIONAL HOUSING," PERMIT OR
^ CONDITIONALLY PERMIT THE SAME IN RESIDENTIAL
7 AND CERTAIN COMMERICAL ZONES, REVISE THE
DEFINITION AND STANDARDS FOR "RESIDENTIAL CARE
FACILITIES," AND PERMIT RESIDENTIAL CARE
^ FACILITIES IN RESIDENTIAL ZONES AND CERTAIN
10 COMMERCIAL ZONES WHERE CURRENTLY NOT
11 ALLOWED.
CASE NAME: TRANSITIONAL & SUPPORTIVE
12 HOUSING
13 CASE NO: ZCA 11-07
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16 pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
17
18
19 and commercial zones, minor conditional use permits and conditional use permits, and
20
21
22 2005-2010 City of Carlsbad Housing Element and residential care facilities; and
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WHEREAS, the City Planner has prepared a proposed Zone Code Amendment
Amend Zoning Ordinance chapters relating to definitions, various residential
parking to address transitional and supportive housing as specified in Program 3.15 of the
23 WHEREAS, the proposed amendment is set forth in the draft City Council
24
25 Ordinance, Exhibit X dated, June 14, 2012, and attached hereto TRANSITIONAL &
26 SUPPORTIVE HOUSING - ZCA 11 -07; and
WHEREAS, the proposed amendment implements Government Code Section
65583(c), which requires cities to identify sites for and remove governmental constraints
that may hamper transitional and supportive housing, and Housing Element Program 3.15,
which identifies the need for Carlsbad to amend its Zoning Ordinance to permit such
housing; and
WHEREAS, the Housing Commission did on June 14, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
28
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
4 relating to the Zone Code Amendment.
5
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housmg
6
'7 Commission as follows
A) That the foregoing recitations are true and correct. 8
9
10 B) That based on the evidence presented at the public hearing, the' Commission
RECOMMENDS APPROVAL of TRANSITIONAL & SUPPORTIVE
HOUSING - ZCA 11-07, based on the following findings:
12
13 Findings:
1. That the proposed Zone Code Amendment ZCA 11-07 is consistent with the General
1 ^ Plan in that it implements:
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a. Land Use Element Residential Goal A.l, which states Carlsbad is to provide
"...a variety of housing types and density ranges to meet the diverse economic
18 and social requirements of residents..."
19 b. Housing Element Goal 3, which states "sufficient new, affordable housing
opportunities in all quadrants of the city to meet the needs of current lower and
moderate income households and those with special needs, and a fair share
21 proportion of future lower and moderate income households."
22 c. Housing Element Program 3.15, which specifically states the city will amend the
Zoning Ordinance to address transitional and supportive housing.
24 2. By amending all residential zones and some commercial zones to permit or
conditionally permit transitional and supportive housing and by providing
appropriate development standards for such housing (serving more than six
26 persons), ZCA 11-07 implements Government Code Section 65583 (c)(2); this
27 section requires cities to remove governmental constraints and identify sites to
facilitate and encourage development of a variety of housing for all income levels,
including transitional and supportive housing.
ZCA 11-07 amends the definition for "residential care facilities" to be consistent
with the definition found in state Health and Safety Code 1502 and revises
development standards for residential care facilities.
ZCA 11-07 reflects sound principles of good planning in that it:
a. Provides clear definitions and standards for transitional and supportive housing;
b. Amends the "permitted uses" table of each zone so it is clear where transitional
and supportive housing are permitted and conditionally permitted;
HC RESONO. 2012-004
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25
26
27
28
c. Updates the definition for residential care facilities to be consistent with state
law (Health and Safety Code Section 1502); and
d. Revises the development standards for residential care facilities (serving more
than six persons) to provide clarification on the applicable standards and to note
they apply to transitional and supportive housing (serving more than six
persons) as welL
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing
Commission of the City of Carlsbad, held on June 14, 2012, by the following vote, to wit:
AYES: ANDREWS, IGOE AND SMITH
NOES: NONE
ABSENT: BRADWELL AND KIRK
ABSTAIN: NONE
BOBBIE SMITH, CHAIRPERSON
CARLSBAD HOUSING COMMISSION
ATTEST:
DEBBIE K. FOUNTAIN
DIRECTOR OF HOUSING AND NEIGHBORHOOD SERVICES
HC RESO NO. 2012-004 -3-
HOUSING COMMISSION RESOLUTION NO. 2012-005
A RESOLUTION OF THE HOUSING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE VILLAGE
MASTER PLAN AND DESIGN MANUAL TO INCORPORATE
STANDARDS FOR MANAGED LIVING UNITS IN CERTAIN
LAND USE DISTRICTS IN THE CARLSBAD VILLAGE
AREA.
8 CASE NAME: MANAGED LIVING UNITS
^ CASE NO: LCPA95-10rB)
10 WHEREAS, the City of Carlsbad has filed a verified application to amend the
11
Village Master Plan and Design Manual that constitutes a request for a Local Coastal Program
13 Amendment as shown on Exhibit "A" dated June 14, 2012, attached hereto, as provided in
14
15
16 14, Division 5.5; and
17
18
19 that implement it serve as the Local Coastal Plan for the Village segment of the Carlsbad
20
21
22 Coastal Zone that are within the boundaries of the Village Area; and
23
24
25 Housing, of the City of Carlsbad 2005-2010 Housing Element (extended through 2012) that
26 calls for the city to conditionally permit and establish standards for managed living units in
27
2g certain land use districts of the Village Area; and
WHEREAS, state housing law, as expressed in Government Code Section
65583(c), requires cities to remove governmental constraints and identify sites to facilitate
and encourage the development of a variety of housing for all income levels, including
single room occupancy units, to which managed living units are similar; and
WHEREAS, managed living units, based on their limited size, occupancy and
amenities and the development standards applicable to them, potentially provide a viable
Public Resources Code Section 30514 and Section 13551 of Califomia Code of Regulations Title
WHEREAS, the Village Master Plan and Design Manual and the ordinances
Local Coastal Program and regulate land use for properties inside and outside of the
WHEREAS, said verified application implements Program 3.17, Alternative
housing option for lower income persons in Carlsbad that is convenient to transit and
services; and
WHEREAS, the Housing Commission did on June 14, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State-mandated six-week review period, starting on May 18,
2012, and ending on June 29, 2012, staff shall present to the City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of MANAGED LIVING UNITS - LCPA 95-
10(B) based on the foliovsdng findings:
Findings:
1. LCPA 95-10(B) meets the requirements of and is in conformity with the policies of
Chapter 3 of the Coastal Act in that the amendment proposes only land use standards
(no development) for Village land use districts that are away from the immediate
coastline and within an existing developed area and the amendment does not change
or conflict with Coastal Act requirements to protect water-oriented recreation or
public views, maintain public access, and maintain biological resources, or other
requirements with which development in the coastal zone must comply.
2. LCPA 95-10(B) meets the requirements of and is in conformity with all applicable
policies of the Village segment of the Carlsbad Local Coastal Program, as expressed in
the Village Master Plan and Design Manual, in that findings and standards required
of managed living unit projects require compliance with Village Master Plan and
Design Manual goals and objectives and stress neighborhood compatibility.
3. LCPA 95-10(B) does not require changes to and is consistent with the implementing
ordinances of the Village segment, including Zoning Ordinance chapters 21.35,
HCRESO NO. 2012-005 -2-
10
11
21.41 and 21.81, which contain permit requirements, review procedures, and sign
standards.
LCPA 95-10(B) contributes to General Plan Land Use Element Village goals that
encourage a variety of complimentary uses, including residences, to enhance the
Village as a place to live.
LCPA 95-10(B) is required to bring the Village Master Plan and Design Manual into
consistency with the General Plan Housing Element Program 3.17, which establishes
an objective of amending the Village Master Plan and Design Manual to
provisionally permit and provide standards for managed living units in certain land
use districts.
By providing a potentially viable housing option for lower income persons,
identifying the land use districts in which managed living units can locate, and
12 establishing reasonable, clear development standards, LCPA 95-10(B) complies with
13 Government Code Section 65583(c), which requires cities to remove governmental
constraints and identify sites to facilitate and encourage the development of a
variety of housing for all income levels, including single room occupancy units, to
15 which managed living units are similar.
7. LCPA 95-10(B) furthers Housing Element Goal 3, which encourages sufficient new.
17 affordable housing opportunities to meet the needs of current and future lower and
1 g moderate income households throughout Carlsbad.
1^ 8. LCPA 95-10(B) shall not be effective anywhere in the Village Area until approved
20 by the California Coastal Commission.
21
22
23
24
25
26
27
28
HCRESO NO. 2012-005 -3-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing 1
2
3 Commission of the City of Carlsbad, held on June 14,2012, by the following vote, to wit:
4 AYES: ANDREWS, IGOE AND SMITH
5
6
7 ABSENT: BRADWELL AND KIRK
8
9
10
11
12
13 (BOBBIE SMIT]p^CHAIRPERSON
14 CARLSBAD HOUSING COMMISSION
15
16 ATTEST:
17
18
20
21
22
23
24
25
26
27
28
NOES: NONE
ABSTAIN: NONE
DEBBIE K. FOUNTAIN
DIRECTOR OF HOUSING AND NEIGHBORHOOD SERVICES
HC RESONO. 2012-005
Exhibit "A"
June 14, 2012
Carisbad Village Master Plan and Design Manual Amendment
LCPA 95-10(B)
H.E. PROGRAM 3.17 - ALTERNATIVE HOUSING (Managed Living Units)
Text proposed to be added is shown underlined: text proposed to be deleted is shown stricken.
Changes to Chapter 2, Land Uses - The list of provisional uses is revised by
alphabetically listing managed living units as shown below.
Provisional Use Standards Contents
Amusement Games Arcades
Automatic Teller Machines (ATMs)
Bars/Cocktail Lounges
Bed and Breakfast Inns
Business/Professional Offices
Business/Professional Services
Child Care Centers
Cinemas
Cultural Facilities
Fast Food Restaurants (Large)
Financial Institutions (Full)
Hotels
Laundromats
Live/Work Studios
Managed Living Units
Medical Therapy Offices
Medical Treatment Offices
Motels
Multi-Family Dwellings
Night Clubs
Pool Halls/Billiard Parlors
Professional Care Facilities
Quick Stop Food Stores
Managed Living Uniti
Restaurants with Entertainment
Self-Improvement Services
Sidewalk Cafes
Sport Entertainment Uses J
Exhibit "A"
June 14, 2012
II. Changes to Chapter 1, Land Uses - The definition and information about managed living
units following the list of provisional uses are replaced as shown below.
Managed Living Units
Definition - Monan^d living units are small, individual dwelling units with limited features. They are
H^v^lnppd in a mu'tipHnmilv dwelling format as part of a managed living, unit project Managed living
.miu nre rentals infpndpd for occuDancv bv 1 or 2 persons only and for tenancies of one month or longer
At n minimum, ind'^ldnnl units have partial kitchens and private toilets. Units may share common baths.
Mjiwgcd Living f-^"'^'" '"'^^'^ '^'^^^^^ ^^^^'"^^ ^^^^ °^ ^^^^^ allowed, if
jlhwcd, u-ithin thr rnmninHnr nf thn dtv. Tho definition sholl bc cstoblishcd by ordinance approved by
Ihc City Council
^„ ^qjnj^cd l iving' '"'^^ prnHiirnri Mrithin thP VillaGG shall comply with the Gtandards and conditionG sot
Fui III within thr np| '"^''^^'^ rnfTMhtinnr rpt forth within the Carlsbad Municipal Cndr^
^ p^jrijccd I ivinn- ' '"'^ nHinnnrn ir nnt ndnptod for tho romaindor of tho city, thoGO typos of units will
JILU not bc prrmitt^^ '"'^hin thn N^ilhfrp Aroa
DuMQlopmcnt of nlf-'^^'^^T^^ • "^'"^ ^^"'tc shall bo consistent with tho Carlsbad Municipal Codo.
rnnsideraiions
1 Managed Ij^/ing t^"'ts provide housing for one to two people onlv on a monthly or longer rental
basis. They are intentionally limited in size and features so thev mav sen/e as a viable affordable
housing option for very low and low (together "lower^^) income persons and help the City meet
Housing Element and state law obiectives to provide a variety of housing types for all income
levels.
? Managed M^'"R U"'ts are considered dwelling units. They are subject to the minimum and
maximum d^n'^ities set forth herein and all other limitations applicable to residential use. They
arp also subject to Growth Management reauirements.
Convenient proximity to transit and commercial seryices is important.
inrntinn and Development Criteria
1 Within maP?^ged living unit projects, all units shall have a floor area of at least 150 square feet
and no morp than 350 square feet with a maximum of two persons per unit.
For Califorpia Building Code compliance, the minimum floor area for a unit occupied by one
person shaj' be 150 square feet. For a unit occupied by two persons, the minimum floor area
shall be 220 square feet.
^ Managed ""'^ proiects shall cnmplv with the Americans with Disabilities Act and the
raiifnrnia Building Code as applicable.
Exhibit "A"
July 3, 2012
4. Each unit shall contain a partial kitchen with microwave, refrigerator, sink with garbage disposal,
and countertop.
5. Each unit shall contain a private toilet in an enclosed compartment with a door. If private
bathing facilities are not provided for each unit, shared shower or bathtub facilities should be
provided at a ratio of one for every seven units or fraction thereof. The shared shower or
bathtub facility should be on the same floor as the units it is intended to serve and should be
accessible from a common area or hallway. Each shared shower or bathtub facility shall be
provided with an interior lockable door.
6. Each unit shall have adequate and designated storage, including a clothes closet within the unit.
7. Common trash and recycling facilities conyenient for tenants shall be provided.
8. Common laundry facilities shall be provided with a minimum one washer and one dryer for
every 25 units or fraction thereof.
9. Interior common areas, useful and convenient for tenants, shall be provided. The amount of
interior common areas shall be no less than 20 square feet per unit with at least 200 square feet
per project. Common areas exclude hallways and walkways, stairs, entry lobbies, and utility
areas for laundry and trash/recycling.
10. Managed living unit proiects of at least 16 units shall include a manager's unit not subject to any
floor area limitations. The manager's unit shall have designated parking, a full bathroom, kitchen
with stove, and laundry facilities.
11. One secured and covered bicycle space shall be provided for each of the first 10 units.
Thereafter, one secured and covered bicycle space shall be provided for every 10 units or
fraction thereof, excluding the manager's unit.
12. A management plan shall be submitted for review by the city planner along with the submittal
for the Village Review Permit and must be approved by the city planner prior to occupancy. A
management plan typically includes the following items although additional or other items may
also be required:
a. Management policies and operational procedures;
b. A security program for the building and all internal areas, parking areas, and grounds.
The security program shall feature a comprehensive video monitoring system and
secured entrances and exits;
c. Tenant selection procedures to ensure fair and equal access to housing;
d. Tenant rights;
e. Tenant and guest rules and regulations;
f. Rental rate policy regarding rent levels, collection of rent and rent increases;
g. Security deposit policy and procedure;
h. Maintenance plans, including custodial care, for the building, parking areas, and
grounds;
i. Emergency procedures.
Findings - In order for this use to receive a Village Review Permit it shall be consistent with the following
findings:
1. The project supports the goals and obiectives of the Village Master Plan and Design Manual.
H'1
«
III.
Exhibit "A"
June 14, 2012
-) The proiect is located such that occupants mav conveniently walk to and from commercial
services an<^ public transit.
^ The use is pot "kelv to create noise, parking, security, loitering or other adverse health or safety
impacts.
4 The use wijj not result in an undue reduction of livability for any adiacent residents.
^ An adequa^-e management plan will ensure ongoing compatibility of the managed livinR unit
prnjprt with its surroundings.
fi To the extent feasible, the project helps the City meet Housing Element and state law objectiyes
to provide variety of housing for persons of all income levels, with an emphasis on housing for
lower income individuals.
Changes to Chapter 6, Parking. Program - The parking requirements table is amended
by the addition of the following use and parking standard.
Village Parking Requirement Tables
One parking space shall be provided for each
Managed livmp unit pro|eci unit, one space for the manager's unit, and
one space for each full-time employee at
Managed livmp unit pro|eci
maximum shift. A reduction of uo to parking
Managed livmp unit pro|eci
space per unit may be realized through the
Managed livmp unit pro|eci
Village Reyiew Permit process upon successful^
Managed livmp unit pro|eci
demonstration by the applicant that such
Managed livmp unit pro|eci
reduction is warranted and maintains
Managed livmp unit pro|eci
adequate parking.
0
5
EXHIBIT 6
PLANNING COMMISSION RESOLUTION NO. 6892
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF A ZONE CODE AMENDMENT TO PERMIT
OR CONDITIONALLY PERMIT FARMWORKER HOUSING
4 COMPLEXES IN ZONES WHERE AGRICULTURAL USES
ARE PERMITTED OR CONDITIONALLY PERMITTED; ADD
THE DEFINITIONS OF "AGRICULTURE," "FARMWORKER,"
6 "FARMWORKER HOUSING COMPLEX, LARGE" AND
"FARMWORKER HOUSING COMPLEX, SMALL" TO
7 CHAPTER 2L04 (DEFINITIONS); ADD SECTION 21.10.125
FARMWORKER HOUSING COMPLEX STANDARDS TO
8 CHAPTER 21.10 (R-1 ONE-FAMILY RESIDENTIAL ZONE);
AND MAKE MISCELLANEOUS RELATED CHANGES TO
VARIOUS ZONING ORDINANCE SECTIONS.
10 CASE NAME: FARMWORKER HOUSESfG
CASE NO: ZCA 09-04
11
12
J 3 pursuant to Section 21.52.020 of the Carlsbad Municipal Code to;
14 Amend Zoning Ordinance chapters relating to definitions, parking standards
and various sections of the Zoning Ordinance (Title 21) to address farmworker housing as
specified in Program 3.13 of the 2005-2010 City of Carlsbad Housing Element; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit "X" dated, July 3, 2012, and attached hereto FARMWORKER
HOUSING - ZCA 09-04; and
WHEREAS, the City Planner has prepared a proposed Zone Code Amendment
16
17
18
19
20
21 WHEREAS, the proposed amendment implements the State Employee
22 Housing Act Section 17000 et. seq. of the Health and Safety Code, in particular Section
23
24
25
26
2y clearance shall be required of farmworker housing that is not required of any other
28 agricultural activity in the same zone, and Section 17008 which allows for flexibility of
housing types, which include both conventional and non-conventional structures; and 57
17021.6, which considers farmworker housing consisting of 36 or fewer beds in group
living quarters or 12 units or spaces for farmworkers and their households, as an
agricultural land use whereby no conditional use permit, zoning variance, or other zoning
WHEREAS, the Planning Commission did on July 3, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
5 relating to the Zone Code Amendment.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o
Commission as follows:
A) That the foregoing recitations are true and correct. 9
10 ..
B) That based on the evidence presented at the public hearing, the Commission
11 RECOMMENDS APPROVAL of FARMWORKER HOUSING - ZCA 09-
12
13 Findings:
15
16
19
04, based on the following findings:
14 1. That the proposed Zone Code Amendment ZCA 09-04 is consistent with the General
Plan in that it implements:
a. Land Use Element Agriculture Objective B.l, which states, "To permit
agricultural land uses throughout the city."
17 b. Land Use Element Agriculture Objective B.3, which states, "To develop
measures to ensure the compatibility of agricultural production and adjacent
18 land uses."
c. Housing Element Program 3.13 Objective, which states, "Amend the Zoning
Ordinance to comply with Health and Safety Code Section 17021.6, permitting
2Q by right farmworker housing of no more than 36 beds in a group quarters or 12
units or spaces designed for use by a single-family or household on properties
21 where agricultural uses are permitted..."
22 2. That the proposed ZCA reflects sound principles of good planning in that it:
23
a. Is consistent with the General Plan;
24 b. Provides clear definitions and development standards for farmworker housing;
and
25 c. Amends the "Permitted Uses" table of various zones so it is clear where
farmworker housing is permitted and conditionally permitted.
26 "
2y 3. That the proposed ZCA complies with state law in that the proposed amendment
implements State Employee Housing Act Section 17000 et. seq. of the Health and
28 Safety Code, in particular Section 17021.6, which requires the city to treat
farmworkers and their households, as an agricultural land use whereby no
conditional use permit, zoning variance, or other zoning clearance shall be required
PC RESO NO. 6892 -2- /•
^ of farmworker housing that is not required of any other agricultural activity in the
2 same zone, and Section 17008 which allows for flexibility of housing types, which
include both conventional and non-conventional structures.
3 "
4
5
The Planning Commission has determined that:
a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
5 adopted;
b. The project is consistent with the 2005-2010 Housing Element cited above;
7 c. The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration; and
^ d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
g Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
11 Commission of the City of Carlsbad, held on July 3, 2012, by the following vote, to wit:
12
j3 AYES: Chairperson Schumacher, Commissioners Arnold, Black,
L'Heureux and Siekmann
14 "
15
16
17 ABSTAIN:
NOES:
ABSENT: Commissioners Nygaard and Scully
18
19
MICHAEL SCHUMACHER, Chairperson
21 CARLSBAD PLANNING COMMISSION
ATTEST:
22
23
24
25
DON NEU
26 City Planner
27
28
PC RESO NO. 6892 -3- . ^
5
^ PLANNING COMMISSION RESOLUTION NO. 6893
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
4 AMENDMENT TO AMEND THE ZONING ORDINANCE TO
PERMIT OR CONDITIONALLY PERMIT FARMWORKER
HOUSING COMPLEXES IN ZONES WHERE
6 AGRICULTURAL USES ARE PERMITTED OR
CONDITIONALLY PERMITTED; ADD THE DEFINITIONS OF
7 "AGRICULTURE," "FARMWORKER," "FARMWORKER
HOUSING COMPLEX, LARGE" AND "FARMWORKER
HOUSING COMPLEX, SMALL" TO CHAPTER 21.04
o (DEFINITIONS); ADD SECTION 21.10.125 - FARMWORKER
HOUSING COMPLEX STANDARDS TO CHAPTER 21.10 (R-1
10 ONE-FAMILY RESIDENTIAL ZONE); AND MAKE
MISCELLANEOUS RELATED CHANGES TO VARIOUS
11 ZONING ORDINANCE SECTIONS.
CASE NAME: FARMWORKER HOUSING
CASE NO: LCPA 09-03: 12
13
14
15
WHEREAS, Califomia State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, City of Carlsbad, "Applicant," has filed a verified application for
17 an amendment to the Local Coastal Program; and
18 WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit "X" dated July 3, 2012, attached to Planning
Commission Resolution No. 6892, as provided in Public Resources Code Section 30514 and
Section 13551 of California Code of Regulations Title 14, Division 5.5; and
WHEREAS, the Planning Commission did on July 3, 2012, hold a duly noticed
19
20
21
22
23
24 public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
27
28
^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
12
22
23
24
25
26
27
28
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State-mandated six-week review period, starting on May 18,
2012 and ending on June 29, 2012, staff shall present to the City Council a
5 summary of the comments received.
7 C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of FARMWORKER HOUSING - LCPA 09-
03 based on the following findings, and subject to the following conditions:
Findings:
10 ..
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
11 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Carlsbad Local Coastal Program not being amended by this amendment, in that the
amendments ensure consistency with the City of Carlsbad Zoning Ordinance, and
j3 do not conflict with any coastal zone regulations, land use designations or policies,
with which development must comply.
14
2. That the proposed amendment to the City of Carlsbad Local Coastal Program is required
1 ^ to bring it into consistency with the proposed Zone Code Amendment (ZCA 09-04).
The Planning Commission has determined that: 16
17 ..
a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
18 Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
^ ^ adopted;
20 b. The project is consistent with the 2005-2010 Housing Element cited above;
21 c. The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration; and
d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
35
PC RESO NO. 6893 -2-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2
Commission of the City of Carlsbad, held on July 3,2012, by the following vote, to wit:
3
AYES: Chairperson Schumacher, Commissioners Arnold, Black,
4 L'Heureux and Siekmann
5
6
7
8
9
10
NOES:
ABSENT: Commissioners Nygaard and Scully
ABSTAIN:
ATTEST:
11 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
12
13
14
15
DON NEU
17 City Planner
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6893 -3-
^ PLANNING COMMISSION RESOLUTION NO. 6894
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO DEFINE
4 "EMERGENCY SHELTER," PERMIT OR CONDITIONALLY
PERMIT SHELTERS IN THE M AND P-M ZONES, AND ADD
DEVELOPMENT STANDARDS FOR THE SAME.
6 CASE NAME: EMERGENCY SHELTER
CASE NO: ZCA 09-05
7
WHEREAS, the City Planner has prepared a proposed Zone Code Amendment
g pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
10 Amend Zoning Ordinance chapters relating to deflnitions, parking standards
11 and Industrial (M) and Planned Industrial (P-M) zones of the Zoning Ordinance (Title 21)
12
to address emergency shelters as specified in Program 3.14 of the 2005-2010 City of
13
Carlsbad Housing Element; and
14
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit "X" dated, July 3, 2012, and attached hereto EMERGENCY SHELTER -
17 ZCA 09-05; and
18 WHEREAS, the proposed amendment implements Government Code
Section 65583(4)(A), which requires cities to identify a zone or zones that can
accommodate at least one year-round emergency shelter that is allowed as a permitted use
without a conditional use or other discretionary permits; and
WHEREAS, the Planning Commission did on July 3, 2012, hold a duly noticed
19
20
21
22
23
24 public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
27
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
57
Commission as follows:
A) That the foregoing recitations are true and correct. 1
2
B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of EMERGENCY SHELTER - ZCA 09-05,
based on the following findings:
23
Findings:
5 1. That the proposed Zone Code Amendment ZCA 09-05 is consistent with the General
Plan in that it implements:
7
Land Use Element Overall Land Use Pattern Objective B.3, which states, the
^ City of Carlsbad is "To provide for the social and economic needs of the
g community in conjunction with permitted land uses."
Housing Element Program 3.14 Objective, which states "Amend the Zoning
10 Ordinance to permit emergency shelters by right in the Planned Industrial (P-
M) and Industrial (M) zones..."
11
12
That the proposed ZCA reflects sound principles of good planning in that it:
j3 a. Is consistent with the General Plan; and
b. Provides a clear definition and development standards for emergency shelters;
14 and
Amends the "Permitted Uses" table of the P-M and M zones so it is clear where
1 ^ emergency shelters are permitted and conditionally permitted.
" That the proposed ZCA complies with state law in that the proposed amendment
17 implements Government Code Section 65583(4)(A), which requires cities to identify
a zone or zones that can accommodate at least one year-round emergency shelter
18 that is allowed as a permitted use without a conditional use or other discretionary
permits.
19 ^
2Q 4. The Planning Commission has determined that:
21 a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
22 adopted;
b. The project is consistent with the 2005-2010 Housing Element cited above;
c. The project has no new significant environmental effect not analyzed as significant in
24 the prior Mitigated Negative Declaration; and
d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
25 Declaration or Negative Declaration under CEQA Guidelines Secfions 15162 exist.
26
27
28
$^
PC RESO NO. 6894 -2-
15
16
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on July 3, 2012, by the following vote, to wit:
4 AYES: Chairperson Schumacher, Commissioners Arnold, Black,
^ L'Heureux and Siekmann
6 NOES:
7 ABSENT: Commissioners Nygaard and Scully
^ ABSTAIN
9
10
11
12
13
14 ATTEST:
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
17 DON NEU
City Planner
18
19
20
21
22
23
24
25
26
27
28
59
PC RESO NO. 6894 -3-
^ PLANNING COMMISSION RESOLUTION NO. 6895
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
4 AMENDMENT TO AMEND THE ZONING ORDINANCE TO
DEFINE "EMERGENCY SHELTER," PERMIT OR
CONDITIONALLY PERMIT SHELTERS IN THE M AND P-M
6 ZONES, AND ADD DEVELOPMENT STANDARDS FOR THE
SAME.
7 CASE NAME: EMERGENCY SHELTER
CASE NO: LCPA 09-04
8
g WHEREAS, Califomia State law requires that the Local Coastal Program,
10 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
11 WHEREAS, City of Carlsbad, "Applicant," has filed a verified applicafion for
12
an amendment to the Local Coastal Program; and
13
WHEREAS, said verified application constitutes a request for a Local Coastal
14
Program Amendment as shown on Exhibit "X" dated July 3, 2012, attached to Planning
15
Commission Resolution No. 6894, as provided in Public Resources Code Section 30514 and
17 Section 13551 of California Code of Regulations Title 14, Division 5.5; and
18 WHEREAS, the Planning Commission did on July 3, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
19
20
21
22
23
24 WHEREAS, State Coastal Guidelines requires a six-week public review period
25 for any amendment to the Local Coastal Program.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are tme and correct.
27
28
^ B) At the end of the State-mandated six-week review period, starting on May 18,
2 2012, and ending on June 29, 2012, staff shall present to the City Council a
summary of the comments received.
3
C) That based on the evidence presented at the public hearing, the Commission
4 RECOMMENDS APPROVAL of EMERGENCY SHELTER - LCPA 09-04
5
6 Findings:
9
16
based on the following findings, and subject to the following conditions:
7 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
8 of the Carlsbad Local Coastal Program not being amended by this amendment, in that the
amendments ensure consistency with the City of Carlsbad Zoning Ordinance, and
do not conflict with any coastal zone regulations, land use designations or policies,
10 with which development must comply.
11 2. That the proposed amendment to the City of Carlsbad Local Coastal Program is required
^ ^ to bring it into consistency with the proposed Zone Code Amendment (ZCA 09-05).
J ^ 3. The Planning Commission has determined that:
14 a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
15 adopted;
b. The project is consistent with the 2005-2010 Housing Element cited above;
c. The project has no new significant environmental effect not analyzed as significant in
I y the prior Mitigated Negative Declaration; and
None of the circumstances requiring a Subsequent EIR, Mitigated Negative
18 Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6895 -2-
^ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2
Commission of the City of Carlsbad, held on July 3,2012, by the following vote, to wit:
3
AYES: Chairperson Schumacher, Commissioners Arnold, Black,
4 L'Heureux and Siekmann
5
6
7
8
9
10
NOES:
ABSENT: Commissioners Nygaard and Scully
ABSTAIN:
ATTEST:
11 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
12
13
14
15
DON NEU
17 City Planner
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6895 -3-
1 PLANNING COMMISSION RESOLUTION NO. 6896
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO ADD
4 DEFINITIONS AND STANDARDS FOR "SUPPORTIVE
HOUSING" AND "TRANSITIONAL HOUSING," PERMIT OR
CONDITIONALLY PERMIT THE SAME IN RESIDENTIAL
6 AND CERTAIN COMMERCIAL ZONES, REVISE THE
DEFINITION AND STANDARDS FOR "RESIDENTIAL CARE
7 FACILITIES," AND PERMIT RESIDENTIAL CARE
FACILITIES IN RESIDENTIAL ZONES AND CERTAIN
^ COMMERCIAL ZONES WHERE CURRENTLY NOT
Q ALLOWED.
CASE NAME: TRANSITIONAL & SUPPORTIVE
10 HOUSING
CASE NO: ZCA 11-07
11
j2 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment
13 pursuant to Section 21.52.020 of the Carlsbad Municipal Code to:
14 Amend Zoning Ordinance chapters relating to definitions, various residential
1^ and commercial zones, minor conditional use permits and conditional use permits, and
16
parking to address transitional and supportive housing as specified in Program 3.15 of the
17
2005-2010 City of Carlsbad Housing Element and residential care facilities; and
18
WHEREAS, the proposed amendment is set forth in the draft City Council
20 Ordinance, Exhibit X dated, July 3, 2012, and attached hereto TRANSITIONAL &
21 SUPPORTIVE HOUSING - ZCA 11-07; and
22 WHEREAS, the proposed amendment implements Government Code Section
23
65583(c), which requires cities to identify sites for and remove governmental constraints
24
that may hamper transitional and supportive housing, and Housing Element Program 3.15,
25
which identifies the need for Carlsbad to amend its Zoning Ordinance to permit such
2y housing; and
28 WHEREAS, the Planning Commission did on the 3rd day of July, 2012, hold a
duly noticed public hearing as prescribed by law to consider said request; and Lpi
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
1
2
3
4
^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission as follows:
7 A) That the foregoing recitations are tme and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of TRANSITIONAL & SUPPORTIVE
HOUSING - ZCA 11-07, based on the following findings:
Findings:
1. That the proposed Zone Code Amendment ZCA 11-07 is consistent with the General
Plan in that it implements:
9
10
11
12
13 .
Land Use Element Residential Goal A.l, which states Carlsbad is to provide
14 "...a variety of housing types and density ranges to meet the diverse economic
and social requirements of residents..."
b. Housing Element Goal 3, which states "sufficient new, affordable housing
I ^ opportunities in all quadrants of the city to meet the needs of current lower and
moderate income households and those with special needs, and a fair share
17 proportion of future lower and moderate income households.'
Housing Element Program 3.15, which specifically states the city will amend the
18 Zoning Ordinance to address transitional and supportive housing.
19
^ By amending all residential zones and some commercial zones to permit or
20 conditionally permit transitional and supportive housing and by providing
appropriate development standards for such housing (serving more than six
21 persons), ZCA 11-07 implements Government Code Section 65583 (c)(2); this
section requires cities to remove governmental constraints and identify sites to
22 facilitate and encourage development of a variety of housing for all income levels,
22 including transitional and supportive housing.
24 3. ZCA 11-07 amends the definition for "residential care facilities" to be consistent
with the definition found in state Health and Safety Code 1502 and revises
25 development standards for residential care facilities.
^6 4. That the proposed ZCA reflects sound principles of good planning in that it:
27
a. Provides clear definitions and standards for transitional and supportive housing;
28 b. Amends the "permitted uses" table of each zone so it is clear where transitional
and supportive housing are permitted and conditionally permitted;
PC RESO NO. 6896 -2-
^ c. Updates the definition for residential care facilities to be consistent with state
2 law (Health and Safety Code Section 1502); and
d. Revises the development standards for residential care facilities (serving more
3 than six persons) to provide clarification on the applicable standards and to note
they apply to transitional and supportive housing (serving more than six
4 persons) as well.
16
17
18
19
20
21
The Planning Commission has determined that: 5
6
a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
7 Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
adopted;
^ b. The project is consistent with the 2005-2010 Housing Element cited above;
g c. The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration; and
10 d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
11
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
13 Commission of the City of Carlsbad, held on July 3, 2012, by the following vote, to wit:
14 ,.
AYES: Chairperson Schumacher, Commissioners Amold, Black,
1 ^ L' Heureux and Siekmann
NOES:
ABSENT: Commissioners Nygaard and Scully
ABSTAIN:
ATTEST:
22 MICHAEL SCHUMACHER, Chairperson
22 CARLSBAD PLANNING COMMISSION
24
25
26
DON NEU
28 City Planner
PC RESO NO. 6896 -3-
5
9
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment
^ PLANNING COMMISSION RESOLUTION Na 6897
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
4 AMENDMENT TO AMEND THE ZONING ORDINANCE BY
ADDING DEFINITIONS AND STANDARDS FOR
"TRANSITIONAL HOUSING" AND "SUPPORTIVE
6 HOUSING," PERMITTING OR CONDITIONALLY
PERMITTING THE SAME IN RESIDENTIAL AND CERTAIN
7 COMMERCL\L ZONES, REVISING THE DEFINITION AND
STANDARDS FOR "RESIDENTIAL CARE FACILITIES," AND
PERMITTING RESIDENTIAL CARE FACILITIES IN
RESIDENTIAL ZONES AND CERTAIN COMMERCIAL
ZONES WHERE CURRENTLY NOT ALLOWED.
10 CASE NAME: TRANSITIONAL & SUPPORTIVE HOUSING
CASE NO: LCPA 11-08
11
12
j3 (LCPA 11-08) to Titie 21 of the Municipal Code (Zoning Ordinance) relating to transitional and
14 supportive housing; and
1^ WHEREAS, the Zoning Ordinance is one of the implementing ordinances for the
16
City of Carlsbad Local Coastal Program; and
17
WHEREAS, Califomia State law requires conformance between the Local
l:
Coastal Program and Zoning Ordinance; therefore, an amendment to the Local Coastal Program
19
20 is required in conjunction with an amendment to the Zoning Ordinance (ZCA 11 -07) to ensure
21 consistency between the two documents; and
22 WHEREAS, the proposed amendment implements Government Code Section
23
65583(c), which requires cities to identify sites for and remove governmental constraints
24
that may hamper transitional and supportive housing, and Housing Element Program 3.15,
25
which identifies the need for Carlsbad to amend its Zoning Ordinance to permit such
26 "
2y housing; and
28 WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit "X" dated July 3, 2012, attached to Planning Commission Resolution No.
6896 as provided in Public Resources Code Section 30514 and Section 13551 of Cahfomia Code
of Regulations Title 14, Division 5.5; and
WHEREAS, the Planning Commission did on July 3, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
5 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
9
WHEREAS, State Coastal Guidelines requires a six-week public review period
10
for any amendment to the Local Coastal Program.
11
^2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 3 Commission of the City of Carlsbad, as follows:
14 A) That the foregoing recitations are true and correct.
1^ B) At the end of the State-mandated six-week review period, starting on May 18,
2012, and ending on June 29, 2012, staff shall present to the City Council a
summary of the comments received.
17
C) That based on the evidence presented at the public hearing, the Commission
18 RECOMMENDS APPROVAL of TRANSITIONAL & SUPPORTIVE
HOUSING - LCPA 11-08, based on the following findings, and subject to the
following conditions:
23
Findings: 20
21 ..
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
22 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Carlsbad Local Coastal Program not being amended by this amendment, in that the
amendment ensures consistency with the Carlsbad Zoning Ordinance, and does not
24 conflict with any coastal zone regulations, land use designations or policies with
which development must comply. Furthermore, the proposed amendment does not
25 otherwise exempt development from the requirements of a Coastal Development
Permit or from demonstrating consistency with the city's certified Local Coastal
26 Program.
27 ..
That the proposed amendment to the Carlsbad Local Coastal Program is required to bring
28 it into consistency with the proposed Zone Code Amendment (ZCA 11-07).
3. The Planning Commission has determined that:
PC RESO NO. 6897 -2-(^1
^ a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
2 Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
adopted;
3 b. The project is consistent with the 2005-2010 Housing Element cited above;
c. The project has no new significant environmental effect not analyzed as significant in
4 the prior Mitigated Negative Declaration; and
^ d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
6 "
7
8
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on July 3,2012, by the following vote, to wit:
g AYES: Chairperson Schumacher, Commissioners Amold, Black,
L'Heureux and Siekmann
10 "
11
12
13
14
15
^ ^ MICHAEL SCHUMACHER, Chairperson
17 CARLSBAD PLANNING COMMISSION
NOES:
ABSENT: Commissioners Nygaard and Scully
ABSTAIN:
ATTEST:
18
19
20
21
DON NEU
22 City Planner
23
24
25
26
27
28
PC RESO NO. 6897 -3-
^ PLANNING COMMISSION RESOLUTION NO. 6898
^ A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE VILLAGE
4 MASTER PLAN AND DESIGN MANUAL TO INCORPORATE
STANDARDS FOR MANAGED LIVING UNITS IN CERTAIN
^ LAND USE DISTRICTS IN THE CARLSBAD VILLAGE
AREA.
CASE NAME: MANAGED LIVING UNITS
7 CASE NO: LCPA 95-1 OfB)
6
WHEREAS, the City of Carlsbad has filed a verified application to amend the
Village Master Plan and Design Manual that constitutes a request for a Local Coastal Program
Amendment as shown on Exhibit "A" dated July 3, 2012, attached hereto, as provided in Public
Resources Code Section 30514 and Section 13551 of Califomia Code of Regulations Titie 14,
Division 5.5; and
9
10
11
12
13
14 WHEREAS, the Village Master Plan and Design Manual and the ordinances
15 that implement it serve as the Local Coastal Plan for the Village segment of the Carlsbad
16
Local Coastal Program and regulate land use for properties inside and outside of the
17
Coastal Zone that are within the boundaries of the Village Area; and
i;
WHEREAS, said verified application implements Program 3.17, Alternative
19
20 Housing, of the City of Carlsbad 2005-2010 Housing Element (extended through 2012) that
21 calls for the city to conditionally permit and establish standards for managed living units in
22 certain land use districts of the Village Area; and
WHEREAS, state housing law, as expressed in Government Code Section
65583(c), requires cities to remove governmental constraints and identify sites to facilitate
and encourage the development of a variety of housing for all income levels, including
single room occupancy units, to which managed living units are similar; and
23
24
25
26
27
28 WHEREAS, managed living units, based on their limited size, occupancy and
amenities and the development standards applicable to them, potentially provide a viable
housing option for lower income persons in Carlsbad that is convenient to transit and
services; and
WHEREAS, the Planning Commission did on July 3, 2012, hold a duly noticed
public hearing as prescribed by law to consider said request; and
5 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
9
WHEREAS, State Coastal Guidelines requires a six-week public review period
10
for any amendment to the Local Coastal Program.
11
^2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad, as follows:
14 A) That the foregoing recitations are tme and correct
1^ B) At the end of the State-mandated six-week review period, starting on May 18,
2012, and ending on June 29, 2012, staff shall present to the City Council a
summary of the comments received.
17
C) That based on the evidence presented at the public hearing, the Commission
18 RECOMMENDS APPROVAL of MANAGED LIVING UNITS - LCPA 95-
19
20 Findings;
23
10(B) based on the following findings:
21 1. LCPA 95-10(B) meets the requirements of and is in conformity with the policies of
Chapter 3 of the Coastal Act in that the amendment proposes only land use standards
22 (no development) for Village land use districts that are away from the immediate
coastline and within an existing developed area and the amendment does not change
or conflict with Coastal Act requirements to protect water-oriented recreation or
24 public views, maintain public access, and maintain biological resources, or other
requirements with which development in the coastal zone must comply.
25
2. LCPA 95-10(B) meets the requirements of and is in conformity with all applicable
26 policies of the Village segment of the Carlsbad Local Coastal Program, as expressed in
the Village Master Plan and Design Manual, in that flndings and standards required
of managed living unit projects require compliance with Village Master Plan and
2g Design Manual goals and objectives and stress neighborhood compatibility.
3. LCPA 95-10(B) does not require changes to and is consistent with the implementing
ordinances of the Village segment, including Zoning Ordinance chapters 21.35,
PC RESO NO. 6898 -2- 'jO
21.41 and 21.81, which contain permit requirements, review procedures, and sign
standards.
3 4. LCPA 95-10(B) contributes to General Plan Land Use Element Village goals that
encourage a variety of complimentary uses, including residences, to enhance the
4 Village as a place to live.
^ 5. LCPA 95-10(B) is required to bring the Village Master Plan and Design Manual into
^ consistency with the General Plan Housing Element Program 3.17, which establishes
an objective of amending the Village Master Plan and Design Manual to
7 provisionally permit and provide standards for managed living units in certain land
use districts.
By providing a potentially viable housing option for lower income persons,
^ identifying the land use districts in which managed living units can locate, and
establishing reasonable, clear development standards, LCPA 95-10(B) complies with
Government Code Section 65583(c), which requires cities to remove governmental
11 constraints and identify sites to facilitate and encourage the development of a
variety of housing for all income levels, including single room occupancy units, to
12 which managed living units are similar.
13 7. LCPA 95-10(B) furthers Housing Element Goal 3, which encourages sufficient new,
affordable housing opportunities to meet the needs of current and future lower and
moderate income households throughout Carlsbad.
8. The Planning Commission has determined that:
14
15
16 „
The project is a subsequent activity of the 2005-2010 Housing Element, for which a
^'7 Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
adopted;
The project is consistent with the 2005-2010 Housing Element cited above;
19 c. The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration; and
20 d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
2^ Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
22 9. LCPA 95-10(B) shall not be effective anywhere in the Village Area until approved
by the California Coastal Commission.
23 "
24
25
26
27
28
PC RESO NO. 6898
^ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2
Commission of the City of Carlsbad, held on July 3,2012, by the following vote, to wit:
3
AYES: Chairperson Schumacher, Commissioners Amold, Black,
4 L'Heureux and Siekmann
5
6
7
8
9
10
NOES:
ABSENT: Commissioners Nygaard and Scully
ABSTAIN:
ATTEST:
11 MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
12
13
14
15
DON NEU
17 City Planner
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6898 -4- 7^
Exhibit "A"
July 3, 2012
Amendments to the Carlsbad Village Master Plan and Design Manual
LCPA 95-10(B) - Managed Living Units
(Underline means text to be added and strikoout means text to be deleted)
Changes to Chapter 2, Land Uses - The list of provisional uses is revised by
alphabetically listing managed living units as shown below.
Provisional Use Standards Contents
Amusement Games Arcades
Automatic Teller Machines (ATMs)
Bars/Cocktail Lounges
Bed and Breakfast Inns
Business/Professional Offices
Business/Professional Services
Child Care Centers
Cinemas
Cultural Facilities
Fast Food Restaurants (Large)
Financial Institutions (Full)
Hotels
Laundromats
Live/Work Studios
Managed Living Units
Medical Therapy Offices
Medical Treatment Offices
Motels
Multi-Family Dwellings
Night Clubs
Pool Halls/Billiard Parlors
Professional Care Facilities
Quick Stop Food Stores
Managed Living Units
Restaurants with Entertainment
Self-Improvement Services
Sidewalk Cafes
Sport Entertainment Uses
13
Exhibit "A"
July 3, 2012
II. Changes to Chapter 2, Land Uses - The definition and information about managed living
units following the list of provisional uses are replaced as shown below.
Managed Living Units
Definition - Managed living units are small, individual dwelling units with limited features. Thev are
developed in a multiple-family dwelling format as part of a managed living unit proiect Managed living
units are rentgis intended for occuooncv bvlorl persons onlv and for tenancies of one month or longer.
At a minimum, individual units hove partial kitchens and private toilets. Units mav share common baths.
Managed Living Units within the Village shall bc defined in the some manner as those allowed, if
allowed, within the remainder of the city. The definition shall be established by ordinance approved by
the City Council.
Ail IVIanagcd Living Units produced within tho Villago shall comply with the Gtandords and conditions sot
forth within the applicable regulations set forth within tho Carlsbad Municipal Code.
If a Managed Living Unit Ordinance is not adopted for tho romaindor of tho city, those typos of units will
also not be permitted within tho Village Area.
Development of all Managed Living Units shall be consistent with tho Carlsbad Municipal Code.
Considerations
1. Managed living units provide housing for one to two people onlv on a monthly or longer rental
basis. Thev are intentionally limited in size and features so thev mav serve as a viable affordable
housing option for very low and low (together 'lower") income persons and help the City meet
Housing Element and state law obiectives to provide a variety of housing types for all income
levels.
2. Managed Living Units are considered dwelling units. Thev are subject to the minimum and
maximum densities set forth herein and all other limitations applicable to residential use. They
are also subiect to Growth Management requirements.
3. Convenient proximity to transit and commercial services is important.
Location and Development Criteria
1. Within managed living unit proiects. all units shall have a floor area of at least 150 square feet
and no more than 350 square feet with a maximum of two persons per unit.
2. For California Building Code compliance, the minimum floor area for a unit occupied by one
person shall be 150 square feet. For a unit occupied by two persons, the minimum floor area.
shall be 220 square feet.
3. Managed living unit proiects shall comply with the Americans with Disabilities Act and the
California Building Code as applicable.
7^
Exhibit "A"
Julys, 2012
4. Each unit shall contain a partial kitchen with microwave, refrigerator, sink with garbage disposal,
and countertop.
5. Each unit shall contain a private toilet in an enclosed compartment with a door. If private
bathing facilities are not provided for each unit, shared shower or bathtub facilities should be
provided at a ratio of one for every seven units or fraction thereof. The shared shower or
bathtub facility should be on the same floor as the units it is intended to serve and should be
accessible from a common area or hallway. Each shared shower or bathtub facility shall be
provided with an interior lockable door.
6. Each unit shall have adequate and designated storage, including a clothes closet within the unit.
7. Common trash and recycling facilities convenient for tenants shall be provided.
8. Common laundry facilities shall be provided with a minimum one washer and one dryer for
every 25 units or fraction thereof.
9. Interior common areas, useful and convenient for tenants, shall be provided. The amount of
interior common areas shall be no less than 20 square feet per unit with at least 200 square feet
per proiect. Common areas exclude hallways and walkways, stairs, entry lobbies, and utility
areas for laundry and trash/recycling.
10. Managed living unit proiects of at least 16 units shall include a manager^s unit not subiect to any
floor area limitations. The manager's unit shall have designated parking, a full bathroom, kitchen
with stove, and laundry facilities.
11. One secured and covered bicycle space shall be provided for each of the first 10 units.
Thereafter, one secured and covered bicycle space shall be provided for every 10 units or
fraction thereof, excluding the manager's unit.
12. A management plan shall be submitted for review bv the city planner along with the submittal
for the Village Review Permit and must be approved bv the city planner prior to occupancy. A
management plan typically includes the following items although additional or other items may
also be required:
a. Management policies and operational procedures;
b. A security program for the building and all internal areas, parking areas, and grounds.
The security program shall feature a comprehensive video monitoring system and
secured entrances and exits;
c. Tenant selection procedures to ensure fair and equal access to housing;
d. Tenant rights;
e. Tenant and guest rules and regulations;
f. Rental rate policy regarding rent levels, collection of rent and rent increases;
g. Security deposit policy and procedure;
h. Maintenance plans, including custodial care, for the building, parking areas, and
grounds;
i. Emergency procedures.
Findings - In order for this use to receive a Village Review Permit it shall be consistent with the following
findings:
1. The proiect supports the goals and obiectives of the Village Master Plan and Design Manual.
Exhibit "A"
July 3, 2012
2. The proiect is located such that occupants mav conveniently walk to and from commercial
services and public transit.
3. The use is not likely to create noise, parking, security, loitering or other adverse health or safety
impacts.
4. The use will not result in an undue reduction of livability for any adiacent residents.
5. An adequate management plan will ensure ongoing compatibility of the managed living unit
proiect with its surroundings.
6. To the extent feasible, the proiect helps the Citv meet Housing Element and state law obiectives
to provide a variety of housing for persons of all income levels, with an emphasis on housing for
lower income individuals.
III. Changes to Chapter 6, Parking Program - The parking requirements table is amended
by the addition of the following use and parking standard.
Village Parking Requirement Tables
Managed living unit proiect One parking space shall be provided for each
unit, one space for the manager's unit, and
one space for each full-time employee at
maximum shift. A reduction of up to parking
space per unit may be realized through the
Village Review Permit process upon successful
demonstration by the applicant that such
reduction is warranted and maintains
adequate parking.
7^
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A IlEI»OIlT TO TME
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EXHIBIT 7
JtNK 14,2012
SUBJECT: ZCA 09-04. ZCA 09-05. ZCA 11-07 and LCPA 95-IO(B) HOUSINC;
ELEMENT PRO(^RAM IMPLEMENTATION - A request lo recommend
approval i>r amcndmenls to the Zoning Ordinance. Village .N4aster Plan and
Design Manual and Local Coa.stal Program to implement vanoub proiirani^ oTlhe
2005-2010 [lousing l-Jement. Impiemeiualion would add land use and
dexetopmenl standards for famnsorker housiiiu. enicrgenc> shelters, iransiiional
and supportive housing, and managed lising units and \sould make relevant
changes to the dellnition and standards lor residential care facilities.
I. RECOMMENDATION
lliat the Housing Commission ADOPT Housing Commission Resolutions No. 2012-002, 2012-
003, 2012-004 and 201.2-005 recomtmending APPROVAL to the City Council ol" Zone Code
AmendmcMs ZCA 09-04, ZCA 09-05. ZCA 1 U07 and Local Coastal Program Amendment
LCPA 95»10(B) based on the findings contained therein.
IL INTRODilCTfON
I he city proposes \o implement four Mousing f lement programs through amendments to the
ZoningV)rdinance and Village Master Plan and Design Manual. Amendnlenl^ lo the Zcnnng
Orduiance would address farmworker tiousing. eniergencv shelters, and transitiofial and
supporti\e housing. .Amendments to the Village Master PLm and Design Manual ssould on!}
regard managed li\ing units as the Village is the onh location in vshich the} are alht\^ed and lor
v\hich standards are propi>sed.
I he Housing flemeni is one of the slate-mandated elements of the (;eneral Plan. 1 he Ceneral
Plan ser^es^^s a blueprint to guide Carlsbad's land use and growth The Zoning Ordirumee
implements the General Plan through eity-widc zoning regulations I he Village Master Plan and
Design Manual does the same but only ior the Village area. Both the Zoning Ordinance and
Villaqe Master Plan and Design Manual are the appropriate land use documents to eunlain the
pniposed standards that would implemeni the four Housing litemeni programs.
Implementation o!" the programs is necessarv to comply with slate law, which requires local
jiONcnimenis to idenlitv sites (e.g.. land use /.ones csr districts) and remo\e go\ernniental
consiranus u'.g., restrictive standards! to facililaie and encourage de\elopment i>l" a variet> ot
housing for all income levels. "Variel\ oi" housing' specillcalh ineluvle^ emergenc) shelters,
fannworker housing, managed living units, and transitional and supp(^rti\e h^fusing. Slate law
o 77
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June 14, 2012
PAGE 2 ^ •
does not require cities to develop housing but instead to provide appropriate standards to enable
developers to do so. The proposed amendments would provide these standards.
^The HoS ^ brief suHimary of their relevffl" objectives, and the project
numbers assigned to each are as follows:
A Program 3.13: Farm Labor Housing (Farmworker Housing) (ZCA 09-04). Amend
the Zoning Ordinance to comply with state law to permit, by right or conditionally,
farmworker housing where agricultural uses are also permitted by right or
conditionally;
B Program 3.14: Housing for the Homeless (Emergency Shelter) (ZCA 09-05). Amend
the Zoning Ordinance to permit, by right or conditionally, year-round emergency
shelters in the M and P-M (industrial) zones;
C Program 3.15: Transitional and Supportive Housing (ZCA 11-07). Amend the
Zoning Ordinance to define and permit, by right or conditionally, these specific
housing types in residential and certain commercial zones; also, revise the definition
and standards regarding residential care facilities; and
D Program 3.17: Alternative Housing (Managed Living Units) (LCPA 95-10(B)).
Amend the Village Master Plan and Design Manual to provisionally peraiit managed
living units. Note that this program only affects the Village area and does not require
an amendment to the Zoning Ordinance.
The proposed amendments achieve the objectives of the four Housing Element programs. They
are also consistent with the policies of the General Plan, as shown in Attachment A, and the
Local Coastal Program.
The Local Coastal Program, or LCP, is a land use document that provides land use standards for
the citv's coastal zone, an area encompassing Carlsbad's coastline, lagoons, and much of its area
west of Ei Camino Real. The LCP is consistent with the General Plan, but it is a separate
document containing separate land use policies with which development must also comply.
The LCP consists of different segments, or planning areas. The Village Master Plan and Design
Manual serves as the LCP for the Village area segment. To implement Housing Element
Program 3 17 regarding managed living units, staff is proposing to amend the Village Master
Plan and Design Manual, which therefore requires a Local Coastal Program Amendment, or
LCPA The Village Master Plan and Design Manual also regulates Village area properties that
are not within the coastal zone. However the proposed Local Coastal Program Amendment,
LCPA 95-10(B), is the only amendment action necessary.
The citv adopted the Housing Element in December 2009; it was certified by the state in March
2010 The Housing Element addresses Carlsbad housing needs through the end of this year. An
updated Housing Element for the 2013 - 2020 housing cycle will be proposed for adoption as
part of the General Plan update in early 2013.
Part of the Housing Commission's charge is to advise and make recommendations to the City
Council on establishment of affordable housing programs, policies and regulations.
7^
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Recommended changes to the Zoning Ordinance and Village Master Plan and Design Manual
would establish regulations that enable or promote affordable housing.
The Planning Commission will also review the proposed changes at a public hearing scheduled
July 3 . Staff will forward the comments and recommendations of both the Planning Commission
and Housing Commission to the City Council for final consideration.
The attached Housing Commission resolutions provide a summary of each amendment proposed,
the Housing Element program each implements, a description of the state law with which the
amendment complies, and the amendment's consistency with applicable land use documents,
such as the General Plan. Additional attachments to each resolution provide in detail the specific
changes proposed to the Zoning Ordinance and Village Master Plan and Design Manual.
III. PRO.TKCT DESCRIPTION AND BACKGROUND
The Califomia Legislature has identified the attainment of a decent home and suitable living
environment for every resident as the state's major housing goal. Local implementation of this
goal is accomplished largely through the Housing Element. A Housing Element has two main
purposes:
• Assess both current and future housing needs and the constraints in meeting those needs;
• Provide a strategy that establishes the housing goals, policies and programs necessary to
meet those needs.
Carlsbad's Housing Element contains an analysis of housing needs and constraints, resources
available to help meet needs, and a plan that identifies the city's housing strategy. Part of the
housing plan are the four housing element programs described above, all adopted to comply with
state law.
For example, Government Code Section 65583 requires cities to remove governmental
constraints and identify sites to facilitate and encourage development of a variety of housing for
all income levels, including farm worker and transitional and supportive housing, homeless
shelters, and managed living units. While jurisdictions are not required to provide or constmct
housing, they must enable developers or others to do so through appropriate standards. By
explicitly defining and identifying these different uses in the Zoning Ordinance and Village
Master Plan and Design Manual, the recommended zone code and local coastal program
amendments accomplish this state mandate.
State law establishes the parameters for the permitting of and standards for farm worker housing,
transitional and supportive housing, and emergency shelters. These parameters, which limit a
jurisdiction's zoning powers, are as follows:
• Transitional and supportive housing are considered residential uses if they contain no
more than six persons. If a zone allows residential uses by right and the transitional or
supportive housing meets the six person occupancy limitation, they must be allowed by
right as would any other residential use in the zone. Further, they are subject only to those
ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM
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June 14,2012
PAGE 4
restrictions that apply to other residential uses of the same type in the same zone.
Although discussed together throughout diis report, transitional and supportive housing
are independent uses. in •
~T^Famrvvorke7housing consisting of no more than 36 beds in a group quarters or 12 units or
spaces designed for use by a single family or household shall be deemed an agncultural
land use. No conditional use permit, zoning variance, or other zoning clearance shall be
required of this employee housing that is not required of any other agricultural activity m
the same zone (Califomia Health and Safety Code Section 17021.6).
• Emergency shelters must be permitted by right in at least one zone without a conditional
use permit or other discretionary action. The zone must have sufficient capacity (e.g.,
vacant sites or available buildings) to accommodate the need for emergency shelters,
including at least one year-round emergency shelter. Shelters shall be subject to
development and management standards that apply to other uses in the same zone.
Objective standards relating to maximum number of beds, on-site management, length of
stay and security may also be applied.
Permit and land use standards for managed living units are not similarly restricted; nevertheless,
cities must provide and identify sites for a "Variety of housing for all income levels," including
managed living units.
A. Farm Labor Housmg (Farmworker Housmg)
As mentioned previously, Califomia Health and Safety Code Section 17021.6 deems farmworker
houTiL consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for
iise bv a single family or household as an agricultural land use. Califorma Health and Safety
Code Section 17008(a)(1) defines the types of conventional and non-conventionai housing
.tnictures which are acceptable as farmworker housing, such as any living quarters, dwelling
boardinghouse tent, barracks and bunkhouses, mobile home, manufactured home, recreational
veWde travel'trailer, or other housing accommodations. The housing can only be occupied by
fteiworkers or famiworkers and their households. Famiworkers or farmworkers and their
households may occupy the housing for temporary, seasonal, or permanent residence.
Consistent with state law, the proposed zone code amendment would define a "small"
farmworker housing complex as consisting of conventional and non-conventional stmctures
h^JZ UD to 36 famiworkers or 12 units/spaces. A small farmworker housing complex would
be permitted as an agricultural use. Since most zones in the city perniit agricultural uses, a small
farmworker housing complex would be pemiitted in most zones as well.
The nroDosed amendment also would define a "large" farmworker housing complex. A large
fa^worLr housing complex would consist of housing for more than 36 farmworkers or more
t™ miits/spaces. It would be allowed in the Industrial (M) Zone only upon the issuance of a
conditional use permit by the City Council.
The Employee Housing Act, found in the Califomia Health and Safety Code, allows for
flexibilitv in housing types for farmworker housing, including the conventional and non-
"ntoal smicmres previously described. The laws and regulations govermng these
sTOes depends on the housing type; however, all employee housing must comply with: the ^
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Employee Housing Act (Health and Safety Code Section 17000 et. seq.) and the Employee
Housing Regulations (Title 25 - Housing and Community Development), which outline specific
requirements for the constmction of housing, maintenance of grounds, buildings, sleeping space
and facilities, sanitation and heating; and the provisions of this section.
The property ovvner must obtain all permits and/or approvals from the City of Carlsbad, as
applicable, and the State Department of Housing and Community Development (HCD) pursuant
to Title 25 of the Califomia Code of Regulations. A farmworker housing complex may require a
building permit, and if located in the coastal zone, may also require a coastal development permit
issued according to the provisions of Section 21.201of this title.
B. Housing for the Homeless (Emergency Shelter)
An emergency shelter is a year-round facility with minimal supportive services that houses
homeless persons or families on a limited short-term basis (six months or less); typically,
housing is provided in a group quarters, or dormitory-style accommodation. The Zoning
Ordinance does not currently reference emergency shelters directly, although churches may
provide temporary shelter.
Emergency shelters will be required to be operated under the authority of a goveming agency or
private non-profit organization that provides, or that contracts with recognized community
organizations such as Catholic Charities, to provide emergency shelters and which, when
required by law, are properly registered and licensed. The shelters will comply with all property
development standards of the zone in which they are located. In addition. Section 65883(4)(A) of
the Government Code allows cities to apply written, objective standards that include the
following: 1) maximum number of beds or persons permitted to be served nightly by the facility;
2) number of off-street parking spaces based upon demonstrated need; 3) size and location of
exterior and interior onsite waiting and client intake areas; 4) the proximity to other emergency
shelters; 5) length of stay; 6) lighting; and 7) security during hours that the emergency shelter is
in operation, etc.
Emergency shelters will have a maximum number of beds or persons. No more than 30 beds
shall be provided and no more than 30 persons shall be served in any single emergency shelter,
except as authorized by a Conditional Use Permit approved by the City Council pursuant to
Chapter 21.42 of the Carlsbad Municipal Code (C.M.C.).
C. Transitional and Supportive Housmg
As its name implies, transitional housing is rental housing intended to help homeless persons
transition fi-om homelessness to permanent housing. It can take several forms, including group
quarters with beds (such as a dormitory), single-family homes, and multi-family apartments.
Based on its definition in state law, transitional housing is operated as part of a program that
tvnically offers case management and support services. After a predetermined period of time .
(usually between 6 and 24 months), an individual's or family's ability to use transitional housing J
is terminated and the housing is made available to another recipient. North County Solutions
for Change in Vista, which seeks to equip families with the skills necessary to end their
homelessness, is an example of transitional housing. g (
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Conversely, supportive housing provides a permanent living situation. The Califomia Health and
Safety Code define supportive housing as housing with no limit on length of stay. Furthermore,
the definition notes supportive housing "...is linked to onsite or offsite services that assist the
resident in retaining the housing, improving his or her health status, and maximizing his or her
ability to live and, when possible, work in the community." Like transitional housing, suppomve
housing can also occur as group quarters or as single or multi-family dwellings.
Also supportive housing is intended to serve a "target population," which includes persons with
disabilities and persons or families who are homeless. An example of supportive housing is the
Abha Project's ''Hotel Metro," a 193-unit complex of single-room-occupancy umts for low-
income men and women in Downtown San Diego. According to the organization's website,
resident services include guaranteed access to medical care, on-site counseling and food bank,
transportation assistance, and clothing and hygiene supplies, among others.
The proposed amendment would revise the Zoning Ordinance to define and permit or
rnnditionallv permit transitional and supportive housing in residential and m commercial zones
that nennit r^idential uses (These zones a^^^ G-2 and G-L, which allow residences m a
mixed use format above ground-floor commercial uses.). Transitional and supportive housing of
six or fewer persons would be considered a residential use, would be permitted m all residential
zones and the three commercial zones, and would be subject to the same standards as any other
residential use If such housing included more than six persons such as m a group livmg quarters
(e g a residence occupied by more than six people typically unrelated and not m a typical
household-type living arrangement), it would be conditionally permitted only m certain multi-
family zones, as explained below.
Transitional and supportive housing share similarities with residential care facilities. Residential
care facilities are state licensed family or group homes for people needing 24-hour non-medical
c^e Presently the Zoning Ordinance identifies residential care facilities serving six or fewer
nersons as pemiitted uses in nearly every residential zone. When such facilities serve more dian
six neoDle diey require a conditional use permit and are allowed only in the R-3, R-P.and RD-M
zones. Tr^sitional and supportive housing that also serve more than six persons are also
proposed to be conditionally pemiitted only in these zones.
As the present Zoning Ordinance definition and standards for residential care facilities were
TdoDted in 1976 staff has analyzed and revised them as. part of its work on transitional and
sunnortive housing. The proposed definition is consistent with the state definition for residential
care facilities Minor updating of standards applicable to residential care facilities of more than
six nersons is also proposed. The updating provides clarity by indicating provisions may apply
receding hours of operation, security, loading, noise, loitering and location and screening of
poking and service areas. None of the proposed changes would expand the number of zones
where residential care facilities are now conditionally permitted.
Since transitional and supportive housing and residential care facilities in a group quarters format
are similar the revisions to residential care facility standards would apply also to transitional and
supportive'housing serving six or more persons. Likewise, parking requirements also would be
the same.
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Finally, some zones (e.g., RMHP) do not expressly list residential care facilities serving six or
fewer persons as a permitted use. There is no reason these zones should not as such facilities are
considered residential uses. The proposed amendment corrects this deficiency.
D. Alternative Housing (Managed Living Units)
Managed living units are small (150 to 350 square feet), individual dwelling units with limited
features. They are developed in a multiple-family dwelling format as part of a managed living
unit project. Managed living units are rentals intended for occupancy by 1 or 2 persons only and
for tenancies of one month or longer. At a minimum, individual units have partial kitchens and
private toilets. Units may share common showers or bathtubs. They are intentionally limited in
size and features and required to be conveniently near to transit and commercial services. These
standards enable managed living units to serve as a viable affordable housing option for lower
income persons and help the City meet Housing Element and state law objectives to provide a
variety of housing types for all income levels.
Managed Living Units are considered dwelling units and therefore subject to Growth
Management requirements. They are also subject to the minimum and maximum densities and all
other applicable limitations established by the Village Master Plan and Design Manual. Managed
living units are like single room occupancy units (SROs), a term commonly used in other cities. ,
Examples of SRO projects near downtown San Diego may be found at the website,
www.affordablehousingsd.com.
Managed living units are presently permitted as a "provisional use" in certain land use districts
of the Village. A provisional use is similar to a conditional use and is subject to special
considerations, findings, and conditions. While identifying it as provisional use, the Village
Master Plan and Design Manual contains no standards for managed living units; instead, it defers
to the Carlsbad Municipal Code for requirements. During preparation of the Village Master Plan
and Design Manual in the 1990s, the city anticipated allov^ng managed living unit projects in
other parts of Carlsbad as well. However, because of the urban nature of the Village, its
proximity to transit and services and allowance for higher densities, staff is proposing managed
living unit projects be allowed only in the Village. All land use districts (4-8) in which managed
living units are now provisionally permitted are east of the railroad tracks and permit or
provisionally permit a mix of residential, commercial, office, and light industrial uses.
Standards for managed living units are drafted to comply with applicable codes (such as
Califomia Building Code requirements for minimum floor areas), to provide laundry facilities,
common areas, and other conveniences for residents, and to recognize the urban nature of the
Village. This latter recognition is accomplished through increased bicycle parking requirements
and opportunities for reduced vehicle parking, which potentially could be achieved, for example,
based on an applicant's successfiil demonstration of increased transit ridership by project
residents. j
Proposed standards also include findings. The findings require managed living unit projects to be
consistent with Village Master Plan and Design Manual goals and objectives and within ^ y
convenient walking distance of services and transit. A decision-maker must also find that o
)
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nroiects would be unlikely to negatively impact their surroundings; in this regard, standards
require preparation of a management plan to ensure ongoing neighborhood compatibility once a
project is built.
Finally an additional finding states, "To the extent feasible, the project helps the City meet
Housing Element and state law objectives to provide a variety of housing for persons of all
income levels w^ith an emphasis on housing for lower income individuals." This finding
emnhasizes the importance in providing affordable housing and helping the city meet its
Regional Housing Needs Assessment (RHNA), which is a forecast of needed housmg to
accommodate growth across all income levels.
Annlication of inclusionary requirements is the city's primary method to provide housing
affordable to lower income households. However, because managed living umts are rental umts
thev are subject to inclusionary housing requirements in limited circumstances only. For renta^
nroiects inclusionary requirements apply only (1) if a developer receives direct financial
assistance offsets, or any incentive (e.g., modification of development standards) of the type
specified 'in density bonus law pursuant to Zoning Ordinance Chapter 21.86 and (2> the
developer agrees by contract to limit rents for below market-rate rental umts. Additionally, a
developer may voluntarily agree to provide inclusionary rental units.
Considering the limitations on applying inclusionary requirements to rental projects, this
additional finding emphasizes the importance of planning and designing managed living unit
projects with affordability in mind.
IV. ANALYSIS
A. General Plan
The General Plan contains a framework of land use and housing goals, objectives, policies and
nmgrams Attachment 1 provides a summary of how the proposed amendments comply with the
relevant parts of this policy framework, including goals and objectives to provide a vanety of
housing as well as housing for lower income and special needs households.
B. Local Coastal Program
The Dolicies of the Local Coastal Program emphasize topics such as preservation of agricultural
lands and scenic resources, protection of environmentally sensitive resources and public views,
nrovision of shoreline access and water-oriented recreation, and prevention of geologic
instabilitv and erosion. The amendments only propose land use standards (no development) and
do not change or conflict with these policies. Furthennore, the amendments also would not
conflict with any coastal zone regulations, such as peraiitting requirements,. or land use
designations or policies with which development must comply.
With regards to the Village segment of the Carlsbad Local Coastal Program, as expressed in the
Village Master Plan and Design Manual, the proposed findings and standards for managed livmg
xmit projects require compliance with the Village Master Plan and Design Manual goals and
objectives.
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C. Airport Land Use Compatibility Plan
Transitional and supportive housing, emergency shelters and farmworker housing would be
permitted or conditionally permitted in areas near McClellan-Palomar Airport. Though a use
may be permitted by city zoning, it could be precluded by the airport's Land Use Compatibility
Plan (ALUCP). The ALUCP establishes safety and noise criteria for a large area around the
airport. Therefore, an analysis of the proposed uses with ALUCP requirements is necessary in
part to ensure there are adequate sites available for the uses that are compatible with airport
safety and noise restrictions.
Compatibility is less a concern for uses such as transitional and supportive housing and small
farmworker housing complexes because they can locate in residential or other zones throughout
Carlsbad and not just areas near the airport. Conversely, the city's industrial zones (P-M and M),
where emergency shelters and large farmworker housing complexes are proposed, are
concentrated in central Carlsbad around and near the airport.
In the P-M and M zones, adequate vacant and developed properties exist to permit emergency
shelters and large farmworker housing complexes to locate in a manner compatible vsdth airport
restrictions. This is because a majority of industrially-zoned properties are not precluded by
ALUCP standards fi"om allowing emergency shelters and large farmworker housing complexes.
As an example. La Posada de Guadalupe, a 50 bed homeless shelter/farmworker housing facility
operated by Catholic Charities, is located in the M Zone and northeast of the airport; it recently
received city approval to expand to 120 beds, consistent with ALUCP standards.
A consistency analysis of managed living units with the ALUCP is unnecessary since they would
be located within the Village area only and thus outside the safety zones, noise contours and
influence area of the airport.
D. Summary
Overall, the proposed amendments to the Zoning Ordinance and Village Master Plan and Design
Manual reflect sound principles of good planning. They provide clear and updated definitions
and standards and are consistent wdth state law. They accomplish the state objective of requiring
cities to remove governmental constraints and identify sites to facilitate and encourage
development of a variety of housing for all income levels.
V. FNVTRONMENTAL REVIEW
The proposed project falls wdthin the scope of the previously approved Mitigated Negative
Declaration (MND) for the 2005-2010 Housing Element. The MND for GPA 03-02
comprehensively evaluated the potential environmental effects of future housing facilitated by
implementation of Housing Element programs, including development of housing (including
farmworker housing) and emergency shelters.
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As part of their actions on the proposed amendments, the Planning Commission and City
Council will consider findings that the MND is within the scope of the previously approved
MND and that no further environmental review is needed.
ATTACHMENTS;
1 Summary of proposed amendments' compliance v^th the General Plan
2 Housing Commission Resolution No. 2012-002 (ZCA 09-04 - Fannworker Housing)
3 Housing Commission Resolution No. 2012-003 (ZCA 09-05 - Emergency Shelter)
4. Housing Commission Resolution No. 2012-004 (ZCA 11-07 - Transitional and
Supportive Housing)
5. Housing Commission Resolution No. 2012-005 (LCPA 95-10(B) - Managed Living
Units) , r. T 1.
6. Strikeout/underline version of proposed Zoning Ordinance changes for Farm Labor
Housing (ZCA 09-04 - Farmworker. Housing)
7. Strikeout/underline version of proposed Zoning Ordinance changes for Housing for the
Homeless (ZCA 09-05 - Emergency Shelter)
8 Strikeout/imderline version of proposed Zoning Ordinance changes for Transitional and
Supportive Housing (ZCA 11 -07 - Transitional & Supportive Housing)
ATTACHMENT 1
SUMMARY OF PROPOSED AMENDMENTS' COMPLIANCE
WITH THE GENERAL PLAN
ELEMENT STANDARD PROJECT COMPLY?
Land Use "To permit agricultural
land uses throughout the
city" (Land Use
Element Agriculture
Objective B.l).
The amendment to the Zoning
Ordinance will permit, by right or
conditionally, farmworker housing
where agricultural uses are also
permitted by right or
conditionally.
Yes
Land Use "To develop measures
to ensure the
compatibility of
agricultural production
and adjacent land uses"
(Land Use Element
Agriculture Objective
B.3).
The amendment to the Zoning
Ordinance will establish standards
to ensure that the development of
farmworker housing complexes
does not adversely impact adjacent
parcels or the surrounding
neighborhood and that they are
developed in a manner which
protects the health, safety, and
general welfare of the nearby
residents and businesses, and the
character of the City of Carlsbad.
Yes
Housing Amend the Zoning
Ordinance to comply
with Health and Safety
Code Section 17021.6,
permitting by right
fannworker housing of
no more than 36 beds in
a group quarters or 12
units or spaces designed
for use by a single-
family or household on
properties where
agricultural uses are
permitted..." (Housing
Element Program 3.13
Objective).
The amendment to the Zoning
Ordinance will be in compliance
with state law to permit, by right
or conditionally, farmworker
housing where agricultural uses
are also permitted by right or
conditionally.
Yes
n
Attachment 1
Page 2
ELEMENT STANDARD PROJECT COMPLY?
Land Use "To provide for the
social and economic
neieds of the community
in conjunction with
permitted land uses"
(Land Use Element
Overall Land Use
Pattem Objective B.3).
Proposed amendments provide
housing for the homeless, housing
for farmworkers, housing to
transition and support people into
permanent, supportive, and
independent living situations, and
a potential viable housing
altemative (managed living units)
for lower income persons.
Yes
Housing "Amend the Zoning
Ordinance to permit
emergency shelters by
right in the Planned
Industrial (P-M) and
Industrial (M) zones..."
(Housing Element
Program 3.14
Objective).
The Amendment to the Zoning
Ordinance will permit, by right
and conditionally, emergency
shelters in the M and P-M zones.
Yes
Land Use "A City which provides
for a variety of housing
types and density ranges
to meet the diverse
economic and social
requirements of
residents..." (Land Use
Element Residential -
Goal A.l).
Proposed amendments provide
housing for the homeless; housing
for farmworkers; housing to
transition and support people into
permanent, supportive, and
independent living situations; and
a potential viable housing
altemative (managed living units)
for lower income persons.
Transitional and supportive
housing and farmworker housing
can take the form of a variety of
housing types, including single-
family and multi-family units and
group quarters.
Yes
Attachment 1
Page 3
ELEMENT STANDARD PROJECT COMPLY?
Housing "Sufficient new,
affordable housing
opportunities in all
quadrants of the city to
meet the needs of
current lower and
moderate income
households and those
with special needs, and
a fair share proportion
of future lower and
moderate income
households" (Housing
Element Goal 3).
Transitional and supportive
housing would be permitted or
conditionally allowed in all
residential zones; farmworker
housing would be permitted or
conditionally permitted in
residential and non-residential
zones that permit or conditionally
permit agricultural uses.
Emergency shelters would be
appropriately allowed either by
right or conditionally in industrial
zones that are close to jobs, transit,
and transportation corridors.
Managed living units would be
provisionally permitted in the
Village area, close to
neighborhood services and transit
uses and in an urban, walkable
area conducive to higher densities.
Further, because managed living
units are a potentially viable
housing choice for lower income
persons, they may help the city
meet its share of future growth as
established through the Regional
Housing Needs Assessment
(RHNA).
Overall, the amendments assist the
city in meeting state objectives to
provide a variety of housing for
persons of all income levels, with
an emphasis on housing for lower
income individuals.
Yes
Housing "The City will amend
the Zoning Ordinance to
address transitional and
supportive housing"
(Housing Element
Program 3.15).
The proposed amendment would
revise the Zoning Ordinance to
define and permit or conditionally
permit transitional and supportive
housing in residential and in
commercial zones that permit
residential uses.
Yes
Attachment 1
Page 4
1 ELEMENT
Housing
STANDARD
".. .to conditionally
permit and establish
standards for managed
living units in certain
land use districts of the
Village..." (Housing
Element Program 3.17).
PROJECT
Managed living units are presently
permitted as a "provisional use" in
certain land use districts of the
Village. A provisional use is
similar to a conditional use and is
subject to special considerations,
findings, and conditions. The
amendment to the Village Master
Plan and Design Manual will
establish standards to ensure,
among other things, that the
development of managed living
units comply with applicable
codes (such as the Califomia
Building Code), provide laundry
facilities, common areas, and other
conveniences for residents, and
maintain compatibility with other
Village uses.
COMPLY?
Land Use Encourage a variety of
complimentary uses,
including residences, to
enhance the Village as a
place to live (General
Plan Land Use Element
Village goals).
Proposed managed living unit
project standards require the
preparation of a management plan
to ensure ongoing compatibility of
the managed living units with their
surroundings. Managed living
units will also be required to be
conveniently located near transit
and commercial services to reduce
the need for the automobile and
encourage more walking in the
Village and public transportation
use. Managed living units
represent an altemative housing
option in the Village.
Yes
9^
EXHIBIT 8 The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: N/A
P.C. AGENDA OF: July 3, 2012 Project Planner: Scott Donnell & Pam Drew
Project Engineer: N/A
SUBJECT: ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-
08/LCPA 95-10(B) HOUSING ELEMENT PROGRAM
I.
IMPLEMENTATION - A request to recommend approval of amendments to
the Zoning Ordinance, Village Master Plan and Design Manual and Local Coastal
Program to implement various programs of the 2005-2010 Housing Element.
Implementation would add land use and development standards for farmworker
housing, emergency shelters, transitional and supportive housing, and managed
living units and would make relevant changes to the definition and standards for
residential care facilities; and a request to recommend approval of a determination
that the amendments are within the scope of the Mitigated Negative Declaration
previously adopted for the 2005-2010 Housing Element.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6892, 6893,
6894, 6895, 6896, 6897, and 6898 RECOMMENDING that the amendments to the Zoning
Ordinance and Local Coastal Program (including the Village Master Plan and Design Manual)
are within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010
Housing Element (GPA 03-02) and RECOMMENDING APPROVAL of Zone Code
Amendments ZCA 09-04, ZCA 09-05, and ZCA 11-07; and Local Coastal Program
Amendments LCPA 09-03, LCPA 09-04, LCPA 11-08, and LCPA 95-10(B) based on the
findings contained therein.
II. INTRODUCTION
The city proposes to implement four Housing Element programs through amendments to the
Zoning Ordinance, Village Master Plan and Design Manual, and Local Coastal Program.
Implementation of the programs is necessary to comply with state law, which requires local
governments to identify sites (e.g., land use zones or districts) and remove governmental
constraints (e.g., restrictive standards) to facilitate and encourage development of a variety of
housing for all income levels. "Variety of housing" specifically includes emergency shelters,
farmworker housing, managed living units, and transitional and supportive housing. State law
does not require cities to develop housing but instead to provide appropriate standards to enable
developers to do so.
The Housing Element programs, a brief summary of their relevant objectives, and the project
numbers assigned to each are as follows:
"^1
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July 3, 2012
PAGE 2
A. Program 3.13: Farm Labor Housing (Farmworker Housing) (ZCA 09-04/LCPA 09-
03). Amend the Zoning Ordinance to comply with state law to permit, by right or
conditionally, farmworker housing where agricultural uses are also permitted by right
or conditionally;
B. Program 3.14: Housing for the Homeless (Emergency Shelter) {ZCA 09-05/LCPA
09-04). Amend the Zoning Ordinance to permit, by right or conditionally, year-round
emergency shelters in the M and P-M zones;
C. Program 3.15: Transitional and Supportive Housing (ZCA 11-07/LCPA 11-08).
Amend the Zoning Ordinance to define and permit, by right or conditionally, these
specific housing types; also, revise the definition and standards regarding residential
care facilities; and
D. Program 3.17: Alternative Housing (Managed Living Units) (LCPA 95-10(B)).
Amend the Village Master Plan and Design Manual to provisionally permit managed
living units. Note that this program only affects the Village area and does not require
an amendment to the Zoning Ordinance.
The proposed amendments achieve the objectives of the four Housing Element programs. They
are also consistent with the policies of the General Plan and Local Coastal Program (LCP). Since
the Village Master Plan and Design Manual serves as the LCP for the Village area, its proposed
amendment also needs a Local Coastal Program Amendment. The Village Master Plan and
Design Manual also regulates Village land uses both inside and outside of the coastal zone;
however, it is a "master plan" in name only and revisions to it require only an amendment to the
LCP.
The city adopted the Housing Element in December 2009; it was certified by the state in March
2010. The Housing Element addresses Carlsbad housing needs through the end of this year! An
updated Housing Element for the 2013 - 2020 housing cycle will be proposed for adoption as
part of the General Plan update in early 2013.
HI. PROJECT DESCRIPTION AND BACKGROUND
The Califomia Legislature has identified the attainment of a decent home and suitable living
environment for every resident as the state's major housing goal. Local implementation of this
goal is accomplished largely through the Housing Element. A Housing Element has two main
purposes:
• Assess both current and future housing needs and the constraints in meeting those needs;
• Provide a strategy that establishes the housing goals, policies and programs necessary to
meet those needs.
Carlsbad's Housing Element contains an analysis of housing needs and constraints, resources
available to help meet needs, and a plan that identifies the city's housing strategy. Part of the
housing plan are the four housing element programs described above, all adopted to comply with
state law.
For example, Government Code Section 65583 requires cities to remove governmental
constraints and identify sites to facilitate and encourage development of a variety of housing for
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July 3, 2012
PAGE 3 •
all income levels, including farm worker and transitional and supportive housing, homeless
shelters, and managed living units. While jurisdictions are not required to provide or constmct
housing, they must enable developers or others to do so through appropriate standards. By
explicitly defining and identifying these different uses in the Zoning Ordinance and Village
Master Plan and Design Manual, the recommended zone code and local coastal program
amendments accomplish this state mandate.
State law establishes the parameters for the permitting of and standards for farm worker housing,
transitional and supportive housing, and emergency shelters. These parameters, which limit a
jurisdiction's zoning powers, are as follows:
• Transitional and supportive housing are considered residential uses if they contain no
more than six persons. If a zone allows residential uses by right and the transitional or
supportive housing meets the six person occupancy limitation, they must be allowed by
right as would any other residential use in the zone. Further, they are subject only to those
restrictions that apply to other residential uses of the same type in the same zone.
Although discussed together throughout this report, transitional and supportive housing
are independent uses.
• Farmworker housing consisting of no more than 36 beds in a group quarters or 12 units or
spaces designed for use by a single family or household shall be deemed an agricultural
land use. No conditional use permit, zoning variance, or other zoning clearance shall be
required of this employee housing that is not required of any other agricultural activity in
the same zone (Califomia Health and Safety Code Section 17021.6).
• Emergency shelters must be permitted by right in at least one zone without a conditional
use permit or other discretionary action. The zone must have sufficient capacity (e.g.,
vacant sites or available buildings) to accommodate the need for emergency shelters,
including at least one year-round emergency shelter. Shelters shall be subject to
development and management standards that apply to other uses in the same zone.
Objective standards relating to maximum number of beds, on-site management, length of
stay and security may also be applied.
Permit and land use standards for managed living units are not similarly restricted; nevertheless,
cities must provide and identify sites for a "variety of housing for all income levels," including
managed living units.
A. Farm Labor Housing (Farmworker Housing)
As mentioned previously, Califomia Health and Safety Code Section 17021.6 deems farmworker
housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for
use by a single family or household as an agricultural land use. Califomia Health and Safety
Code Section 17008(a)(1) defines the types of conventional and non-conventional housing
stmctures which are acceptable as farmworker housing, such as any living quarters, dwelling,
boardinghouse, tent, barracks and bunkhouses, mobile home, manufactured home, recreational
vehicle, travel trailer, or other housing accommodations. The housing can only be occupied by
farmworkers or farmworkers and their households. Farmworkers or farmworkers and their
households may occupy the housing for temporary, seasonal, or permanent residence. i
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PAGE 4
Consistent with state law, the proposed zone code amendment would define a "small"
farmworker housing complex as consisting of conventional and non-conventional stmctures
housing up to 36 farmworkers or 12 units/spaces. A small farmworker housing complex would
be permitted as an agricultural use. Since most zones in the city permit agricultural uses, a small
farmworker housing complex would be permitted in most zones as well.
The proposed amendment also would define a "large" farmworker housing complex. A large
farmworker housing complex would consist of housing for more than 36 farmworkers or more
than 12 units/spaces. It would be allowed in the Industrial (M) Zone only upon the issuance of a
conditional use permit by the City Council.
The Employee Housing Act, found in the Califomia Health and Safety Code, allows for
flexibility in housing types for farmworker housing, including the conventional and non-
conventional stmctures previously described. The laws and regulations goveming these
stmctures depends on the housing type; however, all employee housing must comply with: the
Employee Housing Act (Health and Safety Code Section 17000 et. seq.) and the Employee
Housing Regulations (Title 25 - Housing and Community Development), which outline specific
requirements for the constmction of housing, maintenance of grounds, buildings, sleeping space
and facilities, sanitation and heating; and the provisions of this section.
The property owner must obtain all permits and/or approvals from the City of Carlsbad, as
applicable, and the State Department of Housing and Community Development (HCD) pursuant
to Title 25 of the California Code of Regulations. A farmworker housing complex may require a
building permit, and if located in the coastal zone, may also require a coastal development permit
issued according to the provisions of Section 21.201of this title.
B. Housing for the Homeless (Emergency Shelter)
An emergency shelter is a year-round facility with minimal supportive services that houses
homeless persons or families on a limited short-term basis (six months or less); typically,
housing is provided in a group quarters, or dormitory-style accommodation. The Zoning
Ordinance does not currently reference emergency shelters directly, although churches may
provide temporary shelter.
Emergency shelters will be required to be operated under the authority of a goveming agency or
private, non-profit organization that provides, or that contracts with recognized community
organizations, such as Catholic Charities, to provide emergency shelters and which, when
required by law, are properly registered and licensed. The shelters will comply with all property
development standards of the zone in which they are located. In addition. Section 65883(4)(A) of
the Government Code allows cities to apply written, objective standards that include the
following: 1) maximum number of beds or persons permitted to be served nightly by the facility;
2) number of off-street parking spaces based upon demonstrated need; 3) size and location of
exterior and interior onsite waiting and client intake areas; 4) the proximity to other emergency
shelters; 5) length of stay; 6) lighting; and 7) security during hours that the emergency shelter is
in operation, etc.
14
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PAGE 5
Emergency shelters will have a maximum number of beds or persons. No more than 30 beds
shall be provided and no more than 30 persons shall be served in any single emergency shelter,
except as authorized by a Conditional Use Permit approved by the City Council pursuant to
Chapter21.42 of the Carisbad Municipal Code (C.M.C.).
C. Transitional and Supportive Housing
As its name implies, transitional housing is rental housing intended to help homeless persons
transition from homelessness to permanent housing. It can take several forms, including group
quarters with beds (such as a dormitory), single-family homes, and multi-family apartments.
Based on its definition in state law, transitional housing is operated as part of a program that
typically offers case management and support services. After a predetermined period of time
(usually between 6 and 24 months), an individual's or family's ability to use transitional housing
is terminated and the housing is made available to another recipient. North County Solutions
for Change in Vista, which seeks to equip families with the skills necessary to end their
homelessness, is an example of transitional housing.
Conversely, supportive housing provides a permanent living situation. The Califomia Health and
Safety Code define supportive housing as housing with no limit on length of stay. Furthermore,
the definition notes supportive housing "...is linked to onsite or offsite services that assist the
resident in retaining the housing, improving his or her health status, and maximizing his or her
ability to live and, when possible, work in the community." Like transitional housing, supportive
housing can also occur as group quarters or as single or multi-family dwellings.
Also, supportive housing is intended to serve a "target population," which includes persons with
disabilities and persons or families who are homeless. An example of supportive housing is the
Alpha Project's "Hotel Metro," a 193-unit complex of single-room-occupancy units for low-
income men and women in Downtown San Diego. According to the organization's website,
resident services include guaranteed access to medical care, on-site counseling and food bank,
transportation assistance, and clothing and hygiene supplies, among others.
The proposed amendment would revise the Zoning Ordinance to define and permit or
conditionally permit transitional and supportive housing in residential and in commercial zones
that permit residential uses (These zones are C-1, C-2 and C-L, which allow residences in a
mixed use format above ground-floor commercial uses.). Transitional and supportive housing of
six or fewer persons would be considered a residential use, would be permitted in all residential
zones and the three commercial zones, and would be subject to the same standards as any other
residential use. If such housing included more than six persons such as in a group living quarters
(e.g., a residence occupied by more than six people typically unrelated and not in a typical
household-type living arrangement), it would be conditionally permitted.
Transitional and supportive housing share similarities with residential care facilities. Residential
care facilities are state licensed family or group homes for people needing 24-hour non-medical
care. Presently, the Zoning Ordinance identifies residential care facilities serving six or fewer
persons as permitted uses in nearly every residential zone. When such facilities serve more than
six people, they require a conditional use permit and are allowed only in the R-3, R-P and RD-M Cf^
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PAGE 6
zones. Transitional and supportive housing that also serve more than six persons are also
proposed to be conditionally permitted only in these zones.
As the present Zoning Ordinance definition and standards for residential care facilities were
adopted in 1976, staff has analyzed and revised them as part of its work on transitional and
supportive housing. The proposed definition is consistent with the state definition for residential
care facilities. Minor updating of standards applicable to residential care facilities of more than
six persons is also proposed. The updating provides clarity by indicating provisions may apply
regarding hours of operation, security, loading, noise, loitering and location and screening of
parking and service areas. None of the proposed changes would expand the number of zones
where residential care facilities are now conditionally permitted.
Since transitional and supportive housing and residential care facilities in a group quarters format
are similar, the revisions to residential care facility standards would apply also to transitional and
supportive housing. Likewise, parking requirements also would be the same.
Finally, some zones (e.g., RMHP) do not expressly list residential care facilities serving six or
fewer persons as a permitted use. There is no reason these zones should not as such facilities are
considered residential uses. The proposed amendment corrects this deficiency.
D. Alternative Housing (Managed Living Units)
Managed living units are small (150 to 350 square feet), individual dwelling units with limited
features. They are developed in a multiple-family dwelling format as part of a managed living
unit project. Managed living units are rentals intended for occupancy by 1 or 2 persons only and
for tenancies of one month or longer. At a minimum, individual units have partial kitchens and
private toilets. Units may share common showers or bathtubs. They are intentionally limited in
size and features and required to be conveniently near to transit and commercial services. These
standards enable managed living units to serve as a viable affordable housing option for lower
income persons and help the City meet Housing Element and state law objectives to provide a
variety of housing types for all income levels.
Managed Living Units are considered dwelling units and therefore subject to Growth
Management requirements. They are also subject to the minimum and maximum densities and all
other applicable limitations established by the Village Master Plan and Design Manual. Managed
living units are like single room occupancy units (SROs), a term commonly used in other cities.
Examples of SRO projects near downtown San Diego may be found at the website,
www.affordablehousingsd.com.
Managed living units are presently permitted as a "provisional use" in certain land use districts
of the Village. A provisional use is similar to a conditional use and is subject to special
considerations, findings, and conditions. While identifying it as provisional use, the Village
Master Plan and Design Manual contains no standards for managed living units; instead, it defers
to the Carlsbad Municipal Code for requirements. During preparation of the Village Master Plan
and Design Manual in the 1990s, the city anticipated allowing managed living unit projects in
other parts of Carlsbad as well. However, because of the urban nature of the Village, its
proximity to transit and services and allowance for higher densities, staff is proposing managed
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PAGE 7
living unit projects be allowed only in the Village. All land use districts (4-8) in which managed
living units are now provisionally permitted are east of the railroad tracks and permit or
provisionally permit a mix of residential, commercial, office, and light industrial uses.
Standards for managed living units are drafted to comply with applicable codes (such as
Califomia Building Code requirements for minimum floor areas), to provide laundry facilities,
common areas, and other conveniences for residents, and to recognize the urban nature of the
Village. This latter recognition is accomplished through increased bicycle parking requirements
and opportunities for reduced vehicle parking, which potentially could be achieved, for example,
based on an applicant's successful demonstration of increased transit ridership by project
residents.
Proposed standards also include findings. The findings require managed living unit projects to be
consistent with Village Master Plan and Design Manual goals and objectives and within
convenient walking distance of services and transit. A decision-maker must also find that
projects would be unlikely to negatively impact their surroundings; in this regard, standards
require preparation of a management plan to ensure ongoing neighborhood compatibility.
Finally, an additional finding states, "To the extent feasible, the project helps the City meet
Housing Element and state law objectives to provide a variety of housing for persons of all
income levels, with an emphasis on housing for lower income individuals." This finding
emphasizes the importance in providing affordable housing and helping the city meet its
Regional Housing Needs Assessment (RHNA), which is a forecast of needed housing to
accommodate growth across all income levels.
Application of inclusionary requirements is the city's primary method to provide housing
affordable to lower income households. However, because managed living units are rental units,
they are subject to inclusionary housing requirements in limited circumstances only. For rental
projects, inclusionary requirements apply only (1) if a developer receives direct financial
assistance, offsets, or any incentive (e.g., modification of development standards) of the type
specified in density bonus law pursuant to Zoning Ordinance Chapter 21.86 and (2) the
developer agrees by contract to limit rents for below market-rate rental units. Additionally, a
developer may voluntarily agree to provide inclusionary rental units.
Considering the limitations on applying inclusionary requirements to rental projects, this
additional finding emphasizes the importance of planning and designing managed living unit
projects with affordability in mind.
IV. ANALYSIS
A. General Plan
The General Plan contains a framework of land use and housing goals, objectives, policies and
programs. Provided below is a summary of how the proposed amendments comply with the
relevant parts of this policy fi-amework. See Table A below.
c il
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PAGE 8
TABLE A - SUMMAF lY OF PROPOSED AMENDMENTS
ELEMENT STANDARD PROJECT COMPLY?
Land Use "To permit agricultural
land uses throughout the
city" (Land Use
Element Agriculture
Objective B.l).
The amendment to the Zoning
Ordinance will permit, by right or
conditionally, farmworker housing
where agricultural uses are also
permitted by right or
conditionally.
Yes
Land Use "To develop measures
to ensure the
compatibility of
agricultural production
and adjacent land uses"
(Land Use Element
Agriculture Objective
B.3)*.
The amendment to the Zoning
Ordinance will establish standards
to ensure that the development of
farmworker housing complexes
does not adversely impact adjacent
parcels or the surrounding
neighborhood and that they are
developed in a manner which
protects the health, safety, and
general welfare of the nearby
residents and businesses, and the
character of the City of Carlsbad.
Yes
Housing Amend the Zoning
Ordinance to comply
with Health and Safety
Code Section 17021.6,
permitting by right
farmworker housing of
no more than 36 beds in
a group quarters or 12
units or spaces designed
for use by a single-
family or household on
properties where
agricultural uses are
permitted..." (Housing
Element Program 3.13
Objective).
The amendment to the Zoning
Ordinance will be in compliance
with state law to permit, by right
or conditionally, farmworker
housing where agricultural uses
are also permitted by right or
conditionally.
Yes
Land Use "To provide for the
social and economic
needs of the community
in conjunction with
permitted land uses"
(Land Use Element
Overall Land Use
Pattem Objective B.3).
Proposed amendments provide
housing for the homeless, housing
for farmworkers, housing to
transition and support people into
permanent, supportive, and
independent living situations, and
a potential viable housing
altemative (managed living units)
for lower income persons.
Yes
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TABLE A - SUMMARY OF PROPOSED AMENDMENTS CONTINUED
ELEMENT STANDARD PROJECT COMPLY?
Housing "Amend the Zoning
Ordinance to permit
emergency shelters by
right in the Planned
Industrial (P-M) and
Industrial (M) zones...
(Housing Element
Program 3.14
Objective).
The Amendment to the Zoning
Ordinance will permit, by right
and conditionally, emergency
shelters in the M and P-M zones.
Yes
Land Use "A City which provides
for a variety of housing
types and density ranges
to meet the diverse
economic and social
requirements of
residents..." (Land Use
Element Residential -
Goal A.l).
Proposed amendments provide
housing for the homeless; housing
for farmworkers; housing to
transition and support people into
permanent, supportive, and
independent living situations; and
a potential viable housing
altemative (managed living units)
for lower income persons.
Transitional and supportive
housing and farmworker housing
can take the form of a variety of
housing types, including single-
family and multi-family units and
group quarters.
Yes
99
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TABLE A - SUMMARY OF PROPOSED AMENDMENTS CONTINUED
ELEMENT STANDARD PROJECT COMPLY?
Housing "Sufficient new,
affordable housing
opportunities in all
quadrants of the city to
meet the needs of
current lower and
moderate income
households and those
with special needs, and
a fair share proportion
of future lower and
moderate income
households" (Housing
Element Goal 3).
Transitional and supportive
housing would be permitted or
conditionally allowed in all
residential zones; farmworker
housing would be permitted or
conditionally permitted in
residential and non-residential
zones that permit or conditionally
permit agricultural uses.
Emergency shelters would be
appropriately allowed either by
right or conditionally in industrial
zones that are close to jobs, transit,
and transportation corridors.
Managed living units would be
provisionally permitted in the
Village area, close to
neighborhood services and transit
uses and in an urban, walkable
area conducive to higher densities.
Further, because managed living
units are a potentially viable
housing choice for lower income
persons, they may help the city
meet its share of future growth as
established through the Regional
Housing Needs Assessment
(RHNA).
Overall, the amendments assist the
city in meeting state objectives to
provide a variety of housing for
persons of all income levels, with
an emphasis on housing for lower
income individuals.
Yes
Housing "The City will amend
the Zoning Ordinance to
address transitional and
supportive housing"
(Housing Element
Program 3.15).
The proposed amendment would
revise the Zoning Ordinance to
define and permit or conditionally
permit transitional and supportive
housing in residential and in
commercial zones that pennit
residential uses.
Yes
((fb
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TABLE A - SUMMARY OF PROPOSED AMENDMENTS CONTINUED
ELEMENT STANDARD PROJECT COMPLY?
Housing "...to conditionally
permit and establish
standards for managed
living units in certain
land use districts of the
Village..." (Housing
Element Program 3.17).
Managed living units are presently
permitted as a "provisional use" in
certain land use districts of the
Village. A provisional use is
similar to a conditional use and is
subject to special considerations,
findings, and conditions. The
amendment to the Village Master
Plan and Design Manual will
establish standards to ensure,
among other things, that the
development of managed living
units comply with applicable
codes (such as the Califomia
Building Code), provide laundry
facilities, common areas, and other
conveniences for residents, and
maintain compatibility with other
Village uses.
Land Use Encourage a variety of
complimentary uses,
including residences, to
enhance the Village as a
place to live (General
Plan Land Use Element
Village goals).
Proposed managed living unit
project standards require the
preparation of a management plan
to ensure ongoing compatibility of
the managed living units with their
surroundings. Managed living
units will also be required to be
conveniently located near transit
and commercial services to reduce
the need for the automobile and
encourage more walking in the
Village and public transportation
use. Managed living units
represent an altemative housing
option in the Village.
Yes
B. Local Coastal Program Amendment
The policies of the Local Coastal Program emphasize topics such as preservation of agricultural
lands and scenic resources, protection of environmentally sensitive resources, provision of
shoreline access, and prevention of geologic instability and erosion.
The proposed amendments to the Zoning Ordinance and Village Master Plan and Design Manual
(which serves to implement the Local Coastal Program in the Village area) would be consistent
with the policies of the Local Coastal Program, including the public access and recreation
policies of Chapter 3 of the Coastal Act. The amendments only propose land use standards (no
16 f
ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) -
HOUSING ELEMENT PROGRAM IMPLEMENTATION
July 3, 2012
PAGE 12
development), and do not change or conflict with Coastal Act requirements to protect water-
oriented recreation or public views, maintain public access, and maintain biological resources.
Furthermore, the amendments will not conflict with any coastal zone regulations, land use
designations or policies with which development must comply.
The proposed amendments do not exempt development from a Coastal Development Permit that
is not otherwise exempt. A Coastal Development Permit will still be required for applicable
development and discretionary review would ensure that the proposed development is consistent
with the policies of the Local Coastal Program. By processing these Local Coastal Program
Amendments, consistency between the city's Zoning Ordinance and Local Coastal Program and
between the Village Master Plan and Design Manual and Local Coastal Program, would be
maintained. Given the above, the addition of the procedures and development regulations
goveming housing for the homeless; housing for farmworkers; transitional and supportive
housing; and managed living units are consistent with the Local Coastal Program.
C. Airport Land Use Compatibility Plan
Transitional and supportive housing, emergency shelters and farmworker housing would be
permitted or conditionally permitted in areas near McClellan-Palomar Airport. Accordingly, a
compatibility analysis of these proposed uses with the airport's Land Use Compatibility Plan
(ALUCP) is required. For example, where a use may be permitted by city zoning, it could be
precluded by the ALUCP because of airport safety and noise considerations. Therefore, this
analysis is necessary in part to ensure there are adequate sites available for these uses that are not
incompatible with airport safety and noise restrictions.
Managed living units are not included in this analysis since they would be located within the
Village area only and thus outside the safety zones, noise contours and influence area of the
airport.
Transitional and supportive housing would be permitted in the city's residential zones. In relation
to the airport, these zones are mostly developed and are compatible with airport safety zones.
Most residential areas of the city are also outside (below) the 60 dB exterior airport noise contour
and therefore not subject to the noise provisions of the ALUCP. Limited exceptions occur in
existing developments west of the airport and south of Palomar Airport Road. Here, exterior
noise generated by airplanes must be attenuated to an acceptable indoor noise level; this can be
accomplished typically through standard constmction methods.
Emergency shelters, proposed as permitted or conditionally permitted uses in the P-M and M
zones, represent compatible uses in Safety Zone 6 and conditionally compatible uses in Safety
Zones 2-5. According to the ALUCP, Safety Zone 6 is larger than and encompasses all other
safety zones; relative to those other zones, risks in Zone 6 are much lower, but are still greater
than in locations more distant fi-om the airport.
Most P-M and M-zoned properties are within or outside Safety Zone 6. As an example. La
Posada de Guadalupe, a private, 50 bed homeless shelter/fannworker housing facility recently
approved by the city for expansion to 120 beds, is located in the M Zone and Safety Zone 6. f(]2
ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) -
HOUSING ELEMENT PROGRAM IMPLEMENTATION
July 3, 2012
PAGE 13
Similarly, locating an emergency shelter would not be constrained by airport noise as the
majority of P-M and M zoned properties are outside the 60 dB exterior noise contour.
Farmworker housing can also be found consistent with ALUCP, although the analysis to make
this determination is more involved. Farmworker housing can be proposed in different forms
(e.g., individual units, group quarters, non-conventional stmctures) and in residential and non-
residential zones.
A proposed farmworker housing complex (large or small) in a group quarters format would be
similar to an emergency shelter and compatible in Safety Zone 6. Altematively, a farmworker
housing complex consisting of conventional attached or detached units or stmctures (as opposed
to a group quarters format) likely would be considered a residential use firom an ALUCP
standpoint. Thus, it would be subject to the noise and safety compatibility criteria for residential
uses. Depending on density and location in relation to safety zones, a complex of conventional
units or stmctures would be compatible, conditional, or incompatible with the ALUCP.
Regardless of density, residential uses are compatible in Safety Zone 6, which encompasses the
majority of properties within McClellan-Palomar's influence area.
Finally, a proposed farmworker housing complex consisting of non-conventional stmctures (e.g.,
tents and RVs) would be permitted in Safety Zone 6 and conditionally compatible in Safety
Zones 3 and 4. However, non-building and outdoor uses would likely be prohibited in certain
areas due their inability to attenuate noise. Most properties on which farmworker housing
complexes with non-conventional stmctures could locate near the airport, conversely, are within
Safety Zone 6 and outside such restrictive airport noise contours.
D. Growth Management
The Growth Management Program, in accordance with Proposition E, establishes dwelling unit
caps for each quadrant in the city. The city regularly tracks residential development to ensure
these caps are not exceeded.
The Zoning Ordinance defines "dwelling unit" as "one or more rooms in a dwelling or apartment
house and designed for occupancy by one family for living or sleeping purposes, and having only
one kitchen." The Zoning Ordinance defines "family" as, in part, "one or more persons living
together in a dwelling unit, with common access to, and common use of all living, kitchen, and
eating areas within the dwelling unit..."
Emergency shelters would not be considered dwelling units as they are not designed for
occupancy by one family. This exclusion would also apply to farmworker housing complexes
and transitional and supportive housing proposed in a group quarters format. Therefore, if these
housing types were proposed, they would not be subject to the quadrant dwelling unit caps.
Managed living units and transitional and supportive housing serving no more than six persons
would be considered dwelling units. Similarly, units in a farmworker housing complex designed
for occupancy by an individual or family also could be considered dwelling units if they had /
kitchens; these housing types would be subject to the quadrant dwelling unit caps. (
ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-10(B) -
HOUSING ELEMENT PROGRAM IMPLEMENTATION
July 3, 2012
PAGE 14
All housing types, whether or not dwelling unit limitations apply, would need to comply with all
other Growth Management standards, such as those requiring adequate sewer and water
facilities.
V. ENVIRONMENTAL REVIEW
The proposed project falls within the scope of a previously approved Mitigated Negative
Declaration (MND) reviewed pursuant to the Califomia Environmental Quality Act (CEQA).
Staff has analyzed the project and has concluded that no potentially significant impacts would
result with the implementation of the amendments that were not previously examined and
evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The
MND for GPA 03-02 comprehensively evaluated the potential environmental effects of future
housing facilitated by implementation of Housing Element programs, including development of
housing (including farmworker housing) and emergency shelters.
The proposed amendments are consistent with and would have no effects beyond those analyzed
in the MND. This project is within the scope of the MND for GPA 03-02 and no fiirther CEQA
compliance is required. The MND for GPA 03-02 is available at the Planning Department.
ATTACHMENTS:
1. Planning Commission Resolution No. 6892 (ZCA 09-04 - Farmworker Housing)
2. Planning Commission Resolution No. 6893 (LCPA 09-03 - Farmworker Housing)
3. Planning Commission Resolution No. 6894 (ZCA 09-05 - Emergency Shelter)
4. Planning Commission Resolution No. 6895 (LCPA 09-04 - Emergency Shelter)
5. Planning Commission Resolution No. 6896 (ZCA 11-07 - Transitional & Supportive
Housing)
6. Planning Commission Resolution No. 6897 (LCPA 11-08 - Transitional & Supportive
Housing)
7. Planning Commission Resolution No. 6898 (LCPA 95-10(B) - Managed Living Units)
8. Strikeout/underline version of proposed Zoning Ordinance changes for Farm Labor
Housing (ZCA 09-04/LCPA 09-03 - Farmworker Housing)
9. Strikeout/underline version of proposed Zoning Ordinance changes for Housing for the
Homeless (ZCA 09-05/LCPA 09-04 - Emergency Shelter)
10. Strikeout/underline version of proposed Zoning Ordinance changes for Transitional and
Supportive Housing (ZCA 11-07/LCPA 11-08 - Transitional & Supportive Housing)
ATTACHMENT 8
ZCA 09-04/LCPA 09-03
FARMWORKER HOUSING
STRIKE-OUT/UNDERLINE
AMENDMENTS TO CHAPTER 21.04
List of Sections in Chapter 21.04
The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the addition of references
to 21.04.023, 21.04.148.1, 21.04.148.2, 21.04.148.3 and 21.04.148.4, as follows:
21.04.023 Agriculture.
21.04.148.1 Farmworker.
21.04.148.3 Farmworker housing complex, large.
21.04.148.4 Farmworker housing complex, smalL
21.04.023
Section 21.04.023 (Definitions, "Agriculture") is proposed to be amended as follows:
21.04.023 Agriculture.
"Agriculture" means farming in all its branches, including the cultivation and tillage of the
soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or
horticultural commodities (including commodities defined as agricultural commodities in Section
1141i(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or
poultry, and any practices (including any forestry or lumbering operations) performed by a farmer
or on a farm as an incident to or in conjunction with such farming operations, including
preparation for market and delivery to storage or to market or to carriers for transportation to
market.
21.04.148.1
21.04.148.1 Farmworker.
"Farmworker" means any individual engaged in agriculture (as defined in Section
21.04.023).
ATTACHMENT 8
21.04.148.3
21.04.148.3 Farmworker housing complex, large.
"Farmworker housing complex, large" includes conventional and non-conventional
structures, housing more than 36 farmworkers or more than 12 units/spaces, such as; group living
quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home,
manufactured home, recreational vehicle, or travel trailer; or other housing accommodations, and
which is occupied by farmworkers or farmworkers and their households, and may be for
temporary, seasonal, or permanent residence.
21.04.148.4
21.04.148.4 Farmworker housing complex, small.
"Farmworker housing complex, small" includes conventional and non-conventional
structures, housing up to 36 farmworkers or 12 units/spaces, such as: group living quarters
(including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home,
manufactured home, recreational vehicle, or travel trailer; or other housing accommodations, and
which is occupied by farmworkers or farmworkers and their households, and may be for
temporary, seasonal, or permanent residence.
AMENDMENTS TO CHAPTER 21.07
21.07.020
Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use and renumbering of the following footnotes:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal
code:
"P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7 below)
1 = Administrative hearing process
2 = Planning commission hearing process
3 = City council hearing process
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory uses and structures (see note $4) X
ATTACHMENT 8
Airports 3
Animals and poultry — small (less than 25) (see note 3i) X
Animals and poultry — small (more than 25) (see note 21) 1
Apiary/bee keeping (subject to Section 21.42.140(B)(5)) 1
Aquaculture (defined: Section 21.04.036) 2
Aviary 1
Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section
21.04.048)
2
Campsites (ovemight) (subject to Section 21.42.140(B)(40)) 2
Cattle, sheep, goats and swine production (see note ^2) X
Cemeteries 3
Churches, synagogues, temples, convents, monasteries, and other places of worship 2
Columbariums, crematories, and mausoleums (not within a cemetery) . 2
Crop production X
Drive-thru facilities (not restaurants) 2
Dwelling, single-family (farm house) X
Fairgrounds 3
Family day care home (large) (defined: Section 21.04.147) (subject to Chapter
21.83)
X
Farmworker housing complex, small (subiect to Section 21.10.125) (defined;
Section 21.04.148.4)
X
Floriculture X
Golf courses 2
Greenhouses > 2,000 square feet (subject to Section 21.42.140(B)(70)) 1
Greenhouses (2,000 square feet maximum) X
ATTACHMENT 8
Guest house X
Hay and feed stores 1
Horses, private use X
Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) 2
Mobile home (see note 65) X
Nursery crop production X
Other uses or enterprises similar to the above customarily carried on in the field of
agriculture
X
Packing/sorting sheds > 600 square feet (subject to Section 21.42.140(B)(70)) 1
Plant nurseries and nursery supplies 1
Processing plant (for crops) (subject to Section 21.04.140(B)(115)) 1
Produce/flower stand for display and sale of products produced on the same
premises (see note 43)
X
Public/quasi-public buildings and facilities and accessory utility buildings/facilities
(defined: Section 21.04.297)
2
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 2
SateUite television antennae (subject to Section 21.53.130, et seq.) X
Signs (subject to Chapter 21.41) (defined: Section 21.04.305) X
Stables/riding academies (defined: Sections 21.04.310 and 21.04.315) 2
Stadiums 3
Tree farms X
Truck farms X
Veterinary clinic/animal hospital (small animals) (defined: Section 21.04.378) 1
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) 2
(Ot
ATTACHMENT 8
Wireless communications facilities (subject to Section 21.42.140(B)( 165)) (defined:
Section 21.04.379)
1/2
Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21.04.400) 2
21.07.020
Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Pemiitted uses) is proposed to be
amended by the deletion of the following use:
Uses P CUP Acc
1 Vgl IC-UILUI til iUl ill WVJl IvCl ilUUaJlllg ^LClllLIUl ul j) ^JUUJ CUL lU L^CL-LiUll
21.12.H0(B)(2)) (see also note 1)
21.07.020
Table A of Section 21.07.020 (E-A Exclusive Agricultural Zone, Permitted uses) is proposed to be
amended by the deletion of the following footnote and renumbering of the remaining footnotes:
Notes:
4- : Farm worker housing: Provided the number of unitG shall not exceed two per gross acre of land
area and no such housing is located closer than fifty feet from any lot line.
3.1. Small animals and poultry: Provided that not more than twenty-five of any one or combination
thereof shall be kept within fifty seventy-five feet of any habitable structure, nor shall they be located
within three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor
shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable
structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the
greater of the distances so indicated.
3-.2. Cattle, sinaM ammalssheep, goats and swine production, etc.: Provided that the number of any one
or combination of said animals shall not exceed one animal per half acre of lot area. Said animals shall
not be located within fi#v-scvenlv-five feet of any habitable structure, nor shall they be located within
three hundred feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall they
be located within one hundred feet of a parcel zoned for residential uses when a habitable structure is not
involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the
distances so indicated.
4.3. Produce/flower stands: Provided that the floor area shall not exceed two hundred square feet and
is located not nearer than twenty feet to any street or highway.
5- .4. Accessory uses/structures: Include but are not limited to: private garages, children's playhouses,
radio and television receiving antennas, windmills, silos, tank houses, shops, bams, offices, coops, lath
houses, stables, pens, corrals, and other similar accessory uses and structures required for the conduct of
the permitted uses.
6.5. Mobile home: Certified under the National Mobile Home Construction and Safety Standards Act
of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State
Health and Safety Code.
ATTACHMENT 8
AMENDMENTS TO CHAPTER 21.08
21.08.020
Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
AMENDMENTS TO CHAPTER 21.09
21.09,020
Table A of Section 21.09.020 (R-E Rural Agricultural Zone, Permitted uses) is proposed to be amended
to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
21.09.020
Table A of Section 21.09.020 (R-E Rural Agricultural Zone, Pemiitted uses) is proposed to be amended
by the deletion of the following use:
Uses P CUP Acc
TTrgiTXTtrrrCTrxtt iUl ill vv \Jl Ivci ilU Lly lllg I LClllUVJl ul j J IbULMCL'L LU kjCdlUlI
21.12.H0(B)(2))
AMENDMENTS TO CHAPTER 21.10
21.10
The list of sections in Chapter 21.10 (R-1 One-Family Residential Zone) is proposed to be amended to
add the following reference to Section 21.10.125:
21.10.010 - Intent and purpose.
21.10.020 -Pemiitteduses.
ATTACHMENT 8
21 10.030 - Second dwelling units.
21 10.040 - Home occupations.
21 10.050 - Building height.
21 10.060 - Front yard.
21 10.070 - Side yards.
21 10.080 - Placement of buildings
21 10.090 - Minimum lot area.
21.10.100 - Lot width.
21 10.110 - Lot coverage.
21.10.120 - Development standards.
21.10.125 - Farmworker housing complex standards.
21.10.130-Severability.
21.10.020
Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Pemiitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
21.10.020
That the footnote of Table A of Section 21.39.020 (R-1 One-Family Residential Zone, Permitted uses) is
proposed to be amended as follows:
Notes:
1. On each lot or combination of adjacent lots under one ownership, there may be kept one horse for
each ten thousand square feet in the lot or lots; provided, however, that any such horse may be kept only
if it is fenced and stabled so that at no time it is able to graze, stray or roam closer than •ftft^seventv-fi ve
feet to any building used for human habitation, other than buildings on the lot or lots, and as to those
buildings, no closer than forty fifty feet.
2. A conditional use permit is not required for a golf course if it is approved as part of a master plan
for a planned community development.
3. Mobile homes must be certified under the National Mobilehome Constmction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551
of the State Health and Safety Code.
4. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020
of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09.
21.10.125
Section 21.10.125 (R-1 One-Family Residential Zone, Farmworker Dwelling Unit and Famiworker
Housing Complex Standards) is proposed to be added to read as follows:
ATTACHMENT 8
21.10.125 - Farmworker housing complex standards.
A. Purpose.
1. The purpose of this section is to establish standards to ensure that the development of
farmworker housing complexes does not adversely impact adiacent parcels or the
surrounding neighborhood and that thev are developed in a manner which protects the
health, safety, and general welfare of the nearby residents and businesses, and the character
of the City of Carlsbad.
2. The Employee Housing Act allows for flexibility in housing types for farmworker housing,
including conventional and non-conventional structures, such as: living quarters,
boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle and
travel trailers. The laws and regulations governing these structures depends on the housing
type; however, all employee housing must comply with; the Employee Housing Act (Health
and Safety Code Section 17000); the Employee Housing Regulations (Title 25 - Housing and
Community Development), which outline specific requirements for the construction of
housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and
heating; and the provisions of this section.
B. The provisions of this section shall apply to: 1) single-family zones E-A, R-A, R-E, R-T, R-
W, RD-M, L-C and R-1, areas designated by a master plan for single-family detached
dwellings in P-C zones where agricultural uses are allowed; 2) lots within multifamily zones
R-2, R-3, R-P and RMHP; 3) commercial, office and industrial zones C-1, O, C-2, C-T, C-
M, C-L, M, P-M and P-U; and 4) open space zones O-S and CR-A/OS, which are developed
with a farmworker dwelling unit or farmworker housing complex.
C. The property owner shall obtain all permits and/or approvals from the City of Carlsbad, as
applicable, and the State Department of Housing and Community Development (HCD)
pursuant to Title 25 of the California Code of Regulations. A farmworker dwelling unit or
farmworker housing complex may require a building permit, and if located in the coastal
zone, mav also require a coastal development permit issued according to the provisions of
Section 21.20 of this title.
D. A farmworker housing complex shall meet the setback, lot coverage, height, and other
development standards applicable to the zone in which it is located. Additionally, a
farmworker dwelling unit or farmworker housing complex shall be located not less than 75
feet from barns, pens, or other structures that house livestock or poultry, pursuant to Title
25 of the California Code of Regulations, and not less than 50 feet from any other
agricultural and non-agricultural use.
E. All permanent farmworker housing shall provide landscaping around the entire perimeter
of the housing to shield the housing from adiacent structures.
F. Parking shall be as required bv Chapter 21.44.
G. Farmworker housing complexes shall comply, as applicable, with the following: 1)
Employee Housing Act (California Health and Safety Code Sections 17000 - 17062); 2)
Mobilehome Parks Act (Califorma Health and Safety Code Sections 18200 - 18700); and
Special Occupancy Parks Act (California Health and Safety Code Sections 18860 -18874).
H. Within 30 days after approval from the Citv of Carlsbad for farmworker housing, the
applicant shall record in the office of the County Registrar-Recorder/Countv Clerk a
ATTACHMENT 8
covenant running with the land for the benefit of the City of Carlsbad, declaring that the
farmworker housing will continuously be maintained as such in accordance with Chapter
21 of the Carlsbad Municipal Code and also that;
1. The applicant will obtain and maintain, for as long as the farmworker housing is
operated, the appropriate permit(s) from State Department of Housing and Community
Development (HCD) pursuant to the Employee Housing Act and the regulations
promulgated thereunder;
2. The improvements required by the City of Carlsbad related to the farmworker housing
shall be constructed and/or installed, and continuously maintained by the applicant;
3. The applicant will submit the annual verification form to the City Planner as required
by Section 22.10.125(1); and
4. Any violation of the covenant and agreement required by this section shall be subiect to
the enforcement procedures of Title 1 of the Carlsbad Municipal Code.
The property owner shall, if applicable; 1) complete and submit to the City Planner a
verification form no later than 30 days after receiving a permit to operate from HCD; 2) a
verification form shall be submitted to the City Planner annually to ensure compliance with
Title 21 of the Carlsbad Municipal Code; and 3) the verification form shall include;
information regarding the agricultural use, housing type, number of dwelling units or beds,
number of occupants, occupants' employment information, and proof that a permit to
operate from HCD has been obtained and maintained.
Farmworker housing complex shall be removed from the property within 90 days of
termination of the property's use from agricultural production.
J.
AMENDMENTS TO CHAPTER 21.12
21.12.020
Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
AMENDMENTS TO CHAPTER 21.16
21.16.020
ATTACHMENT 8
Table A of Section 21.16.020 (R-3 Multi-Family Residential Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex (subiect to Section 21.10.125) (defined; X
Section 21.04.148.4)
X
AMENDMENTS TO CHAPTER 21.18
21.18.020
Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
21.18.020
Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
21.18.020
Table A of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be
amended by the deletion of the following use:
Uses P CUP Acc
Ar^noiiltnnl firm wnrlrpi" hniT~'iTT~' ^^tP1'nT^^lr^r\'^^ ^'^^^\^^pr•+ Qar^+i^i^ 1.^-1 iwUiiuiUl luiiii vvijjuvci iivjuaiiig ^^LCiii^uiul ^auujcci—tt?—ot/dlUIl
21.12.H0(B)(2))
21.18.020
Table B of Section 21.18.020 (R-P Residential Professional Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
10
ATTACHMENT 8
AMENDMENTS TO CHAPTER 21.20
21.20.020
Table A of Section 21.20.020 (R-T Residential Tourist Zone, Permitted uses) is proposed to be amended
to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) 1
(defined: Section 21.04.148.4)
1
AMENDMENTS TO CHAPTER 21.22
21.22.020
Table A of Section 21.22.020 (R-W Residential Waterway Zone, Permitted uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
AMENDMENTS TO CHAPTER 24.22
21.24.020
Table A of Section 21.24.020 (RD-M Residential Density-Muhiple Zone, Pennitted uses) is proposed to
be amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
AMENDMENTS TO CHAPTER 21.25
21.25.020
11
ATTACHMENT 8
Table A of Section 21.25.020 (C-F Community Facilities Zone, Permitted uses) is proposed to be
amended by the deletion of the following use:
Uses P CUP Acc
X Vgl IC UI lUl Ul iUl ill W ^Jl IvCl llUU-tilllg ^LClllUUl ul y J UUJ CL-L LU L5CL/11U11
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.26
21.26.020
Table A of Section 21.26.020 (C-1 Neighborhood Commercial Zone, Pemiitted uses) is proposed to be
amended to add in alphabetical order the following uses:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
21.26.020
Table A of Section 21.26.020 (C-1 Neighborhood Commercial Zone, Permitted uses) is proposed to be
amended by the deletion of the following use:
Uses P CUP Acc
J vg,i ic-uiLUI ul lui 111 v\ vjiivci iiuu&iiig ^itjiiiuui ul y J—I aUUj —tfc)—ijct.^lHJXl
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 2i li • ii2a
21.27.020
Table A of Section 21.27.020 (O Office Zone, Permitted uses) is proposed to be amended to add in
alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
21.27.020
Table A of Section 21.27.020 (O Office Zone, Permitted uses) is proposed to be amended by the deletion
of the following use:
12
ATTACHMENT 8
Uses P CUP Acc
\ r*TiPI 11 turn 1 TiTm wnrltrpr nnn^inp' (tpmnnrnr\''^ f ^nV^i ppf fr\ ^ pr*ti ^ i-^i iV-^LlllU-l Ul lUilil V\ *J1 ivCl lHJU-tJlllg I LCJilijJUl U-1 y / VyU-UJC/L'L LU OCOtiVrH
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.28
21.28.020
Table A of Section 21.28.020 (C-2 General Commercial Zone, Permitted uses) is amended to add in
alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
21.28.020
Table A of Section 21.28.020 (C-2 General Commercial Zone, Permitted uses) is proposed to be amended
by the deletion of the following use:
Uses P CUP Acc
A Tri PT11 tl in 1 Tirm ^A^nrlrpr ViniT^incr ^^tpmnr^mr^'^ /'nn]->i +,-v Cor-fi/^T^ J igi iv^uiiuiUl iui111 vvKJiivci iiuuaiiig iciiiuuiulyJ—I yLIUJCl^l—xx)—oCdlUIl
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 2i 2
21.29.020
Table A of Section 21.29.020 (C-T Commercial Tourist Zone, Permitted uses) is proposed to be amended
to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
21.29.020
Table A of Section 21.29.020 (C-T Commercial Tourist Zone, Permitted uses) is proposed to be amended
by the deletion of the following use:
13
ATTACHMENT 8
Uses P CUP Acc
^ Vgl IV^UlLUl Ul XUZlll VVUllVCl llUUylllg ^^LCllipUl ul y ^ ^bUUjClL/L" LU -ovvLTUxi
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.30
21.30.020
Table A of Section 21.30.020 (C-M Heavy Commercial - Limited Industrial Zone, Permitted uses) is
proposed to be amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
21.30.020
Table A of Section 21.30.020 (C-M Heavy Commercial - Limited Industrial Zone, Permitted uses) is
proposed to be amended by the deletion of the following use:
Uses P CUP Acc
A. fTiPiiltiinl fnTm wnrlrpr hr>ii'~'inp' ^^tpmnnnr^A ^'oiiT-.ia^t J- v.^1 iv^uiLuiUl iui111 \v*Jii\.ci injuaiiig ^^iciiiijuiUl yy lauujcC'l—lU kjcL-liOii
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.31
21.31.020
Table A of Section 21.31.020 (C-L Local Shopping Center Zone, Permitted Uses) is proposed to be
amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
21.31.020
Table A of Section 21.31.020 (C-L Local Shopping Center Zone, Pemiitted Uses) is proposed to be
amended by the deletion of the following use:
14
ATTACHMENT 8
Uses P CUP Acc
A f TlPll Itlinl •Firm wnrlrpr boii'^'mc ^^tpmnnmnA ^"^nViippt Ca^+iz-.^-. TT^gTivnxrrccrTTi luiiii vvuiivci iitTtJirrrtg^—tt> kJcUllUli
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.32
21.32.020
Table A of Section 21.32.020 (M Industrial Zone, Permitted uses) is proposed to be amended to add in
alphabetical order the following uses:
Uses P CUP Acc
Farmworker housing complex, large (subject to Section 21.10.125) 3
(defined; Section 21.04.148.3)
3
Farmworker housing complex, small (subiect to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
21.32.020
Table A of Section 21.32.020 (M Industrial Zone, Pemiitted uses) is proposed to be amended by the
deletion of the following use:
Uses P CUP Acc
Af^nniltiinl fnrm wnrlrpr hmi'^'incT rtpmnnmr^A ^"^nl^ip^^" +^ Co^+iz-v-K. '• iv^wti v-m rrrrm vv vji is-wi llvjUDlllg LCllljJUl Ul \ j \pUUJ CL-l vo oCUllOU
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 2:iXi •
21.33.020
Table A of Section 21.33.020 (O-S Open Space Zone, Permitted uses) is proposed to be amended to add
in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) x
(defined; Section 21.04.148.4)
x
21.33.020
Table A of Section 21.33.020 (O-S Open Space Zone, Permitted uses) is proposed to be amended by the
deletion of the following use:
15
ATTACHMENT 8
Uses P CUP Acc
A CFTiPI 11 tnni inrm ^vnrliTpr VimT^incr ^^tpmnnmr^A /^'^iiKippt tn ^pptinn / vgiiC'UiittiUl iuiiii vvuiivci iiuuaiiig ^iciiiuuiui y^ laLiujc^^i LU ocviiuii
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.34
21.34.020
Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted uses) is proposed to be amended
to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
21.34.020
Table A of Section 21.34.020 (P-M Planned Industrial Zone, Permitted uses) is proposed to be amended
by the deletion of the following use:
Uses P CUP Acc
A rn"i PI 11 tl in 1 rirm \'^'nrlrpi" nmi^incr ^^tpmnnnrx'^ ^ciiKi 0,-.+ Cc»^fi^-m ^ vgl IV^Ul LUI Ul lUl 111 vv KJl IVCl llUUalllg ^^LCllipUl Ul y^ ^tjUUJCt^L tt) kJCdlUll
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.36
21.36.020
Table A of Section 21.36.020 (P-U Public Utility Zone, Permitted uses) is proposed to be amended to add
in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125) X
(defined; Section 21.04.148.4)
X
21.36.020
Table A of Section 21.36.020 (P-U Public Utility Zone, Permitted uses) is proposed to be amended by the
deletion of the following use:
16
ATTACHMENT 8
Uses P CUP Acc
vgi luuiiui Ul iUllll VVUllVCl llUUalllg ^^LCllipUl ul\^bUUJ Ci:.^T—tU aiJCLIUIl
21.12.110(B)(2))
AMENDMENTS TO CHAPTER 21.37
21.37.020
Table A of Section 21.37.020 (RMHP Residential Mobile Home Park Zone, Permitted uses) is proposed
to be amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subiect to Section 21.10.125) 1
(defined; Section 21.04.148.4)
1
AMENDMENTS TO CHAPTER 21.39
21.39.020
Table A of Section 21.39.020 (L-C Limited Control Zone, Permitted uses) is proposed to be amended to
add in alphabetical order the following use and renumbering of the following footnotes:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal
code:
'T" indicates use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Animals and poultry — small (less than 25) (see note 21) X
Cattle, sheep, goats, and swine production (see note ^2) x
Crop production x
Family day care home (large and small) (subject to Chapter 21.83 of this title) x
Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section X
17
ATTACHMENT 8
21.04.148.4)
Floriculture x
Greenhouses, less than 2,000 square feet X
Horses, private use X
Nursery crop production X
Other uses or enterprises similar to the above customarily carried on in the field of
agriculture
X
Produce stand for display and sale of products produced on the same premises (see note
43)
X
Tree farms X
Tmck farms X
21.39.020
Table A of Section 21.39.020 (L-C Limited Control Zone, Permitted Uses) is proposed to be amended by
the deletion and amendments of the following footnotes and renumbering of the remaining footnotes:
Notes:
4-7 Farm worker-housing: Provided the number of units shall not exceed two per gi'oss acre-ef4and
area and no such housing is located closer than-frfty feet' from any lot line.
21. Small animals and poultry: Provided that not more than twenty-five of any one or combination
thereof shall be kept within #Ftv-seventv-five feet of any habitable stmcture, nor shall they be located
within three hundred feet of a habitable stmcture on an adjoining parcel zoned for residential uses, nor
shall they be located within one hundred feet of a parcel zoned for residential uses when a habitable
stmcture is not involved. In any event, the distance from the parcel zoned for residential uses shall be the
greater of the distances so indicated.
^2. Cattle, small anima-ksheep, goats and swine production-^ter: Provided that the number of any one
or combination of said animals shall not exceed one animal per half acres of lot area. Said animals shall
not be located within fi#v-seventy-tive feet of any habitable stmcture, nor shall they be located within
three hundred feet of a habitable stmcture on an adjoining parcel zoned for residential uses, nor shall they
be located within one hundred feet of a parcel zoned for residential uses when a habitable stmcture is not
involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the
distances so indicated.
43. Produce stands: Provided that the floor area shall not exceed two hundred square feet and is
located not nearer than twenty feet to any street or highway.
^4. Accessory uses/stmctures: Include but are not limited to: private garages, children's playhouses,
radio and television receiving antennas, windmills, silos, tank houses, shops, bams, offices, coops, lath
houses, stables, pens, corrals, and other similar accessory uses and stmctures required for the conduct of
the permitted uses.
^5. Mobile home: Certified under the National Mobile Home Constmction and Safety Standards Act
of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State
Health and Safety Code.
18
ATTACHMENT 8
AMENDMENTS TO CHAPTER 21.42
21.42.140
That Section 21.42.140 (Minor Conditional Use Permits and Conditional Use Permits,
Development standards and special regulations) is proposed to be amended by the deletion of the
following use:
2r.—Agricultural farm worker housing (temporar>0:
a^—A CUP is required unless exempted by Government Code Section 65589.1.
AMENDMENTS TO CHAPTER 21.44
21.44.020
Table A in Section 21.44.020 (Number of off-street parking spaces required) is amended by the
addition of the following residential uses to be added at the end of Table A's list of "Residential Uses":
Table A
Use Number Of Off-Street Parking Spaces
Residential
Uses
Farmworker housing
complex, large
The number of required parking spaces shall be
determined by the city planner and shall be based on the
Residential
Uses
Farmworker housing
complex, large operating characteristics of a specific proposal,
including, but not limited to, number of; 1) employees, 2) Residential
Uses
Farmworker housing
complex, large
beds and 3) service deliveries.
Residential
Uses
Farmworker housing One parking space for every four beds plus one space for
Residential
Uses
complex, small an on-site manager.
AMENDMENTS TO CHAPTER 21.209
21,209.040
Table A of Section 21.209.040 (CR-A/OS Cannon Road AgriculUiral/Open Space Zone, Permitted
primary and secondary uses) is proposed to be amended to add in alphabetical order the following
Primary agricultural use and renumbering of the following footnote:
19
ATTACHMENT 8
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the municipal
code:
"P" indicates that the use is pemiitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Plarming Commission process
Agricultural Uses
Primary Agricultural Uses P CUP
Agricultural crop production (wholesale)
(including floriculture and horticulture, and stmctures necessary for
production, maintenance, harvesting, storage and distribution fimctions
associated with directly supporting the on-site primary agricultural crop
production use)
X
Agricultural-related educational, research and development facilities 1
Community farming
(example: individual citizens or community groups growing agricultural
crops)
X
Farmworker, housing complex, small (subject to Section 21.10.125) X
(defined: Section 21.04.148.4)
X
Energy transmission and distribution facilities, including but not limited to
rights-of-way and pressure control or booster stations, substations, gas
metering/regulating stations or operating centers for gasoline, electricity,
natural gas, synthetic natural gas, oil or other forms of energy sources,
with the necessary accessory equipment incidental thereto
X
Farmers market (sale of primarily agricultural products) 1
Floral trade center (wholesale or retail) 2
Greenhouses X
Plant nurseries and supplies (retail) 1
Tree and seed growing farms X
Utility buildings/facilities that are built, operated, or maintained by a public
utility to the extent that they are regulated by the Califomia Public
Utilities Commission
X
Vineyards and wineries X
Secondary Agricultural Uses P CUP
Agricultural distribution facilities 2
Other accessory or related uses that promote the continuation of a primary
permitted agricultural use, as determined by the City Planner
1
Public/private events and activities (permanent or temporary) related to
promoting a primary permitted agricultural use (examples:
demonstrations, seasonal sales/temporary sales, special events, tours) (see
note 3-J_below)
X
Retail sales of agricultural crops and related products limited to a
cumulative area of 1,000 square feet or less
(examples: on- premise sale of crops to the public, produce store, "you
pick" operations, sale of products made from crops)
X
Retail sales of agricultural crops and related products with a cumulative 1
20 7^
ATTACHMENT 8
area of more than 1,000 square feet
(examples: on-premise sale of crops to the public, produce store, "you
pick" operations, sale of products made from crops)
Open Space Uses
Primary Open Space Uses P CUP
Amphitheater 2
Aquarium 1
Art gallery 1
Civic and public gathering spaces
(examples: art display, gazebos, public plazas, sitting areas, water
features, wedding areas)
X
Community learning center
(excluding "educational institution or school" as defined in Section
1
21.04.140)
Community meeting center
(excluding a city hall or civic center)
1
Cultural center 1
Dog park 1
Energy transmission and distribution facilities, including but not limited to X
rights-of-way and pressure control or booster stations, substations, gas
metering/regulating stations or operating centers for gasoline, electricity,
natural gas, synthetic natural gas, oil or other forms of energy sources,
with the necessary accessory equipment incidental thereto
Gardens (public or private)
(examples: botanical, rose, tea, and meditation gardens)
1
Habitat preserves and natural areas X
Historic center 1
Museum 1
Parks (public or private) 1
Performing arts center 2
Picnic areas 1
Sports or recreation center 2
(public or private) (indoor or outdoor)
(examples: athletic courts and fields, boys and girls club, lawn bowling.
swimming pools, tennis courts )
Trails X
(examples: bicycle, exercise, equestrian, nature,
pedestrian)
Utility buildings/facilities that are built, operated, or maintained by a public
utility to the extent that they are regulated by the Califomia Public
Utilities Commission
X
Secondary Open Space Uses F CUP
Food service, including restaurants and cafes, limited to a cumulative area X
of 500 square feet or less
Food service, including restaurants and cafes with a cumulative area of 1
more than 500 square feet
Other accessory or related uses that promote the continuation of a primary
permitted open space use
1
Public/private events and activities
(permanent or temporary) related to promoting a primary permitted open
X
/
21
ATTACHMENT 8
space use
(examples: demonstrations, seasonal sales/temporary sales, special events,
tours) (see note 2-l_below)
Retail sales of goods and products, related to a primary
pemiitted open space use, limited to a cumulative area of 500 square feet
or less
X
Retail sales of goods and products, related to a primary
permitted open space use, with a cumulative area of more than 500 square
feet
1
21.209.040
Table A of Section 21.209.040 (CR-A/OS Cannon Road Agricultural/Open Space Zone, Primary
Agricultural uses) is proposed to be amended by the deletion of the following Primary Agricultural use:
Uses P CUP Acc
Agricultural farm worker housing (see note 1 below) X
21.209.040
Table A of Section 21.209.040 (CR-A/OS Cannon Road Agricultural/Open Space Zone, Pemiitted
primary and secondary uses) is proposed to be amended by the deletion of the following footnote and
renumbering of the remaining footnote:
Notes:
1. Agricultural farm worker housing consisting of no more than 36 bods in group quarters or 12 units or
spaces designed for use by a single family or household is permitted in accordance with Califomia
Health and Safety Code Section 17021.6.
2r 1. Subject to Special Events (Chapter 8.17 of this Code), Minor Special Events on Private Property
and/'or Temporary Sales Location permits as appropriate.
22
ATTACHMENTS
ZCA 09-05/LCPA 09-04
EMERGENCY SHELTERS
STRIKE-OUT/UNDERLINE
AMENDMENTS TO CHAPTER 21.04
List of Sections in Chapter 21.04
The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the addition of a
reference to 21.04.140.5, as follows:
21.04.140.5 Emergency shelter.
21.04.140.5
Section 21.04.140.5 (Definitions, "Emergency shelter") is proposed to be amended as follows:
21.04.140.5 Emergency shelter.
"Emergency shelter" means year-round housing with minimal supportive services for
homeless persons or families with occupancy limited to six months or less by homeless persons.
AMENDMENTS TO CHAPTER 21.32
List of Sections in Chapter 21.32
The list of sections in Chapter 21.32 of the Carlsbad Municipal Code is proposed to be amended to add the
following reference to Section 21.32.070:
Sections:
21.32.010 - Permitted uses.
21.32.020-Front yard.
21.32.030 -Side yards.
21.32.040 - Placement of buildings.
21.32.050 -Building height.
21.32.060 - Employee eating areas.
21.32.070 - Emergency shelter standards.
ATTACHMENT 9
21.32.010
Table A of Section 21.32.010 (M Industrial Zone, Pemiitted Uses) is proposed to be amended to add in
alphabetical order the addition of the following uses:
Use P CUP Acc
Emergency Shelter, no more than 30 beds or persons (subject to X
Section 21.32.070) (defined Section 21.04.140.5)
X
Emergency Shelter, more than 30 beds or persons (subiect to 3
Section 21.32.070) (defined Section 21.04.140.5)
3
21.32.070
Section 21.32.070 (M Industrial Zone, Emergency Shelter Standards) is added as follows:
21.32.070 Emergency shelters
A. The purpose of this section is to establish standards to ensure that the development
of emergency shelters does not adversely impact adjacent parcels or the surrounding neighborhood
and that they are developed in a manner which protects the health, safety, and general welfare of
the nearby residents and businesses and the character of the City of Carlsbad.
B. No individual shall be denied emergency shelter because of an inability to pay;
C. Emergency shelters shall be operated under the authority of a governing agency or
private, non-profit organization that provides, or that contracts with recognized community
organizations to provide, emergency shelters and which, when required by law, are properly
registered and licensed.
D. State laws and regulations; Emergency shelters shall comply with the latest
California Health and Safety Codes.
E. Emergency shelters shall comply with all property development standards of the
zone in which they are located in addition to the following development standards.
1. Location. No emergency shelter shall be located;
a. Immediately adiacent to any residentially zoned property;
b. Within 300 feet of another emergency or similar shelter.
2. Maximum number of beds or persons. No more than 30 beds shall be provided and
no more than 30 persons shall be served in any single emergency shelter, except as authorized by a
Conditional Use Permit approved by the City Council pursuant to Chapter 21.42.
3. Parking. Parking shall be as required by Chapter 21.44.
4. Building and premises. Each emergency shelter shall include, at a minimum, the
following;
a. Adequate interior and exterior lighting;
ATTACHMENT 9
b. Adequate indoor client intake/waiting area if client intake is to occur on-site. If an
exterior waiting area is also provided, it shall be enclosed or screened from public view and
adequate to prevent queuing into the public right of way and required parking and access;
c. Clean sanitary beds and sanitation facilities, including showers and toiletries;
d. Segregated sleeping, lavatory and bathing areas if the emergency shelter
accommodates both men and women in the same building. Reasonable accommodation shall be
made to provide segregated sleeping, lavatory and bathing areas for families;
e. Individual lockers to allow shelter clients to secure their private possessions while
using the shelter.
F. Management. At least one facility manager shall be on-site at all hours the facility is
open. Additional support staff shall be provided, as necessary, to ensure that at least one staff
member is provided in all segregated sleeping areas, as appropriate.
G. No person shall be allowed to camp on the premises or sleep on the premises outside
of the shelter building.
H. Emergency shelters may provide one or more of the following types of supportive
facilities or services for the exclusive use or benefit of the shelter clients;
I. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services.
AMENDMENTS TO CHAPTER 21.34
21.34.020
Table A in Section 21.34.020 (P-M Planned Industrial Zone, Permitted Uses) of the Carlsbad Municipal
Code is amended to add in alphabetical order the following uses:
Use P CUP Acc
Emergency Shelter, no more than 30 beds or persons (subject to X
Section 21.32.070) (defined Section 21.04.140.5)
X
Emergency Shelter, more than 30 beds or persons (subject to 3
Section 21.32.070) (defined Section 21.04.140.5)
3
AMENDMENTS TO CHAPTER 21.44
Table A in Section 21.44.020 (Number of off-street parking spaces required) is amended by the addition
of the following residential use to be added at the end of Table A's list of "Residential Uses":
ATTACHMENT 9
Table A
Number of Off-Street Parking Spaces Required
Use Number Of Off-Street Parking Spaces
Residential
Use Emergency Shelters
The number of required parking spaces shall be
Residential
Use Emergency Shelters
determined by the city planner and shall be based on the Residential
Use Emergency Shelters operating characteristics of a specific proposal. Residential
Use including, but not limited to, number of: 1) employees, 2)
Residential
Use
beds and 3) service deliveries.
1^6
ATTACHMENT 10
ZCA 11-07/LCPA 11-08
TRANSITIONAL AND SUPPORTFVE HOUSING
STRIKE-OUT/UNDERLINE
AMENDMENTS TO CHAPTER 21.04
List of Sections in Chapter 21.04
The list of sections in Chapter 21.04 (Definitions) is proposed to be amended by the addition of references
to sections 21.04.355.1 and 21.04.362 as follows:
21 •Q4.355.1 Supportive housing
21.04.362 Transitional housing
21.04.300
Section 21.04.300 (Definitions, "Residential Care Facility") is proposed to be amended as follows:
21.04.300 "Residential care facility" means a state authorized, certified or licensed family care
k^>ffleT-festeF-heme or g-FOwp home ^Tep»4ng mentally disordered or otherv/ise handicapped pefseft&r-ef
dependent and ncgl-eeted children where care is provided on a twenty four hour a day basis.any family
home, group care facility, or similar facility, licensed by the State of Califomia, for twenty-four hour
nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining
the activities of daily living or for the protection of the individual as provided in Section 1502 of the
Califomia Health and Safety Code.
21.04.355.1
Section 21.04.355.1 (Definitions, "Supportive Housing") is proposed to be added as follows:
21.04.355.1 "Supportive housing" means housing with no limit on length of stay that is occupied by
the target population (as defined in state Health and Safety Code Section 50675.14 (b)(3) and that is
linked to onsite or offsite sei-\1ces that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when possible, work in
the commuiiitv.
21.04.362
Section 21.04.362 (Definitions, "Transitional Housing") is proposed to be added as follows:
21.04.362 ''Transitional housing" means rental housing operated under program requirements thai
call for the tennination of assistance and recirculation of the assisted unit to another eligible program,
recipient at some predetemiined future point in time, which shall be no less than six months.
ATTACHMENT 10
AMENDMENTS TO CHAPTER 21.08
21.08.020
Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined: Section X
21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined: Section X
21.04.362)
X
AMENDMENTS TO CHAPTER 21.09
21.09.020
Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined: Section X
21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined: Section X
21.04.362)
X
AMENDMENTS TO CHAPTER 21.10
21.10,020
Table A of Section 21.10.020 (R-1 One-Family Residential Zone, Permitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined: Section X
21.04.355.1)
X
Transitional liousing (serving six or fewer persons) (defined: Section X
21.04.362)
X
AMENDMENTS TO CHAPTER 21.12
21.12.020
ATTACHMENT 10
Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined: Section X
21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined: Section X
21.04.362)
X
AMENDMENTS TO CHAPTER 21.16
21.16.020
Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Pemiitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined: Section X
21.04.355.1)
X
Supportive housing (serving more than six persons) (subiect to 2
21.42.140(B)(125y) (defined: Section 21.04.355.1)
2
Transitional housing (serving six or fewer persons) (defined: Section X
21.04.362)
X
Transitional housing (serving more than, six persons) (subiect to 2
21.42.140(B)(125)) (defined: Section 21.04.362)
2
AMENDMENTS TO CHAPTER 21 • 18
21.18.020
Table B of Secfion 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Residential care facilities (serving six or fewer persons) (defined: Section X
21.04.300)
X
Supportive housing (serving six or fewer persons) (defined; Section X
21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to 9
21.42.140(B)(125)) (defined: Section 21.04.355.1)
9
Transitional housing (serving six or fewer persons) (defined: Section X
21.04.362)
X
Transitional housing (serving more than six persons) (subiect to 2
21.42.140(B)(125)) (defined: Section 21.04.362)
2
ATTACHMENT 10
AMENDMENTS TO CHAPTER 21.20
21.20.020
Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended
by adding in alphabetical order the following uses:
Use CUP Acc
Residential care facilities (semng six or fewer persons) (defined:
Section 21.04.300)
X
Supportive housing (ser\^ing six or few^er persons) (defined: Section
21.04.355.1)
X
Transitional housing (serving six or f^wer persons) (defined: Section
21 •04.362)
AMENDMENTS TO CHAPTER 21.22
21.22.020
Table A of Section 21.22.010 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined: Section X
21.04.355.1)
X
Transitional housing (semng six or fewer persons) (defined: Section X
21.04.362)
X
AMENDMENTS TO CHAPTER 21.24
21.24.020
Table A of Section 21.24.010 (RD-M Residential Density-Multiple Zone, Pemiitted Uses) is proposed to
be amended by adding in alphabetical order the following uses:
Use CUP Acc
Supportive housing (serving six or fewer persons) (deilncd; Section
2i.04.355".i)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (defined: Section 21.04.355.1)
Transitional housing (serving six or fewer persons) (defined: Section
21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21 •42.140(B)(125)) (defined: Section 21.04.362)
ATTACHMENT 10
AMENDMENTS TO CHAPTER 21.26
21.26.015
Section 21.26.015 (Residential uses in the C-1 Zone) is proposed to be amended by adding subsection D
as follows:
D,; Residential uses shall include residential care facilities, supportive housing, and transitional
housing, each sennng six or fewer persons.
AMENDMENTS TO CHAPTER 21.28
21.28.015
Section 21.28.015 (Residential uses in the C-2 Zone) is proposed to be amended by adding subsection D
as follows:
D, Residential uses shall include residential care facilities, supportive housing, and transitional
housing, each serving six or fewer persons.
AMENDMENTS TO CHAPTER 21.31
21.31.065
Section 21.31.065 (Residential uses in the C-L Zone) is proposed to be amended by adding subsection D
as follows:
D. Residential uses shall include residential care facilities, supportive housing, and transitional
housing, each serving six or fewer persons.
AMENDMENTS TO CHAPTER 21.37
21.37.020
Table A of Section 21.37.020 (RMHP Residential Mobile Home Park, Permitted Uses) is proposed to be
amended by adding in alphabetical order the following uses:
Use P CUP Acc
Residential care facilities (seiylng six or fewer persons) (defined: X
Section 21.04.300)
X
Supportive housing (ser\lng six or fewer persons) (defined: Section X
21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined: Section X
21.04.362)
X
ATTACHMENT 10
AMENDMENTS TO CHAPTER 21.42
21.42.140
Section 21.42.140 B. 125 is proposed to be amended as follows:
125. Residential Care Facilities, Supportive Housing, and Transitional Housing (all serving more than
six persons):
Br. The facility shall m-eet all requirements for tf^^e-a-pproval of such use imposed by the city
eemfflunity'dcvelepmentdif^eter and: fire ••marshal-T^^ ''D'' eeeupaney;-divisien-2.
ab. ^Fhc faciht^Facilities shall comply with all the mles, regulations and standards required by the
State Department of Social Services.
b, Facilities shall meet current California Code of Regulations (Title 24) for occupancy, as defined.
c. Facilities shall provide Ooff-street parking as required in Chapter 21.44 of this title-shall-4>6
provided.
d. The plannmg commission or the city council on aj^peal may medily-any-of the above standards, if
it is found that such modifications will not be detrimental to the heahlvand safety of the residentsr
Additional requirements and restrictions may be imposed as determined necessary by the
decision-making authority to ensure facilities meet the findings stated in Section 21.42.030.
These requirements and restrictions may include provisions regarding but not limited to the
following items:
1. Hours of operation, such as for deliveries and other services
Noise
Lighting
Location and screening of parking, service, and other outdoor areas
Security
Loitering
AMENDMENTS TO CHAPTER 21.44
21.24.020
Table A in Section 21.44.020 (Number of Off-street Parking Spaces Required) is proposed to be amended
by adding the following uses to the end of the list of "Residential Uses" as follows:
ATTACHMENT 10
USE NUMBER OF OFF-STREET PARKING SPACES
Residential Uses
Supportive 2 spaces, plus 1 space/three beds
Residential Uses
Housing (serving
more than six
persons) Residential Uses Transitional 2 spaces, plus 1 space/three beds Residential Uses
Housing (serving
more than six
persons)
The description "for other residential uses or care facilities (e.g., housing for senior citizens, hospitals,
residential care facilities, etc.)" found in Table B of Section 21.44.020 (Parking Space and Areas) is
proposed to be amended to read as follows:
SUBJECT REQUIREMENT
Location of required
parking
For other
residential uses or
care facilities
(e.g., housing for
senior citizens,
hospitals,
residential care
facilities, etc. and,
when serving
more than six
persons,
residential care
facilities,
supportive
housing, and
transitional
housing)
Not more than 150 feet walking distance from the
nearest point of the parking facility to the nearest
point of the building that the parking facility is
required to serve.
1^
EXHIBIT 9
Minutes of:
Time of Meeting:
Date of Meeting:
Place of Meeting:
HOUSING COMMISSION
6:00 P.M.
JUNE 14, 2012
CITY COUNCIL CHAMBERS
CALL TO ORDER
Chairperson Smith called the Meeting to order at 6:06 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Igoe led with the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Brian Andrews
Susan Igoe
Bobbie BmWn
Absent:
Staff Present:
Housing & Neighborhood Services Director:
Senior Planner:
Associate Planner:
Emelda Bradwell
Craig Kirk
Debbie Fountain
Scott Donnell
Pam Drew
APPROVAL OF MINUTES
Minutes of February 9, 2012, meeting were approved as written.
VOTE: 3-0
AYES: Andrews, Igoe, and Smith
NOES: None
ABSTAIN: None
ABSENT: Bradwell and Kirk
ITEM NOT ON AGENDA
There were no items not on the agenda.
NEW BUSINESS
Debbie Fountain, Director of Housing & Neighborhood Services, said the item on the agenda is the
Housing Element Program Implementation to be presented by Scott Donnell and Pam Drew.
Scott Donnell, Senior Planner, and Pam Drew, Associate Planner gave their presentations on a request
to recommend approval of amendments to the Zoning Ordinance, Village Master Plan and Design Manual
and Local Coastal Program to implement various programs of the 2005-2010 Housing Element.
Implementation would add land use and development standards for farmworker housing, emergency
shelters, transitional and supportive housing, and managed living units and would make relevant changes
to the definition and standards for residential care facilities.
Commissioner Andrews asked them to show on the zoning map the location of the Zone M proposed for
the large farmworker housing.
Ms. Drew showed the dark blue area on the map, which is near the airport and near where La Posada is
right now. She also pointed out the Quarry Creek area.
Commissioner Andrews said he was trying to align where the agriculture farming is taking place to where
the large farming housing would be. It doesn't seem like transportation would be challenging in that. I
HOUSING COMMISSION MINUTES
JUNE 14,2012
PAGE 2 of 4
didn't know if they were going to be in close proximity to where the farming is taking place or if they would
be more centralized.
Ms. Drew said this would be like La Posada is. It is large farmworker housing with over 30 beds for
people.
Commissioner Igoe asked if they had heard feedback from people who own the farms.
Mr. Donnell said they have not heard back. They have notified landowners in the past when the housing
element itself was updated and we did not receive feedback from them at that time as well.
Commissioner Igoe commented then they do not need to be notified.
Mr. Donnell said no they don't. In fact, the presentation before the Planning Commission and City
Council are public hearings. Those will be noticed meetings so anybody at that time can attend and
speak.
Ms. Drew said she would like to add that a representative from SDG&E did come to the counter one day
to look at the draft ordinance for farmworker housing. Currently with the open space zoning, it allows
farmworker housing on a temporary basis. Now I will remove that with this ordinance and allow it on a
permanent basis. They were representatives for SDG&E in the strawberry fields* area. When they were
going through the open space to get that zone changed, they did.have people there that were trying to
force them to build some type of farmworker housing. They did not want to be forced to do that. She
came in to make sure this wasn't going to fdrce them to do anything. It would just be an allowed use. If a
developer or a property owner wants to dQ that, it is the option. This does not have any kind of structures
with it. It is only to allow them to be in these zones.
Chairperson Smith added Ms. Drew and Mr. Donnell did a good job with the presentation.
Commissioner Andrews asked about the emergency shelter area, you said the village is not part of that,
right? You might think that would also be for an urban setting and that would be a good place for an
emergency shelter, but maybe there are parking issues,
Mr. Donnell said to give a little bit of History: A reason why emergency shelters are proposed in the city's
industrial zones goes back to 2005. At that time the City Council gave us direction to propose in those
two zones for locations for emergency shelters. It largely stems from that, the reason why. Those also
turn out to be good zones for primarily niptittime uses that don't impact adjacent uses since typically our
industrial zones empty by 6 p.m. That is also the location presently at La Posada de Guadalupe.
Mr. Donnell added that Commissioner Andrews is correct in that the village as well is a location with
services as well. That is not a particular area of the city considered for emergency shelters. That was
largely because of the types of uses or the atmosphere that is trying to be created there. Also because of
the City Council direction from 2005.
Chairperson Smith asked how people would find out about the programs available to them; the
farmworker housing, the emergency shelter, the transitional and managed living units.
Mr. Donnell said that is a great question. I did attend a housing workshop on Monday. There were a
number of city representatives as well as providers or advocates of affordable housing. A woman I spoke
with who is the executive director of Community Housing Works already seemed to be in the know about
farmworker housing in particular in Carlsbad. I can't tell you exactly why, but it seems that word gets out
about programs that the city has or the ordinance structure that we have to allow such uses. The
Housing Elements I think undergo a pretty rigorous review, not only by the state, but also affordable
housing advocates who are aware of the different standards; sometimes they weigh in on what the
standards are that we propose. It seems people are aware of what Carlsbad, Encinitas and San Diego
HOUSING COMMISSION MINUTES
JUNE 14, 2012
PAGE 3 of 4
have. The state does pay attention to housing elements and other groups as well, such as SANDAG or
private organizations.
Debbie Fountain, Housing & Neighborhood Services Director, said there are a number of advocacy
groups. Those groups network really well. There is an organization known as the San Diego Housing
Federation in the county of San Diego. They work to make sure people are aware of the different policies
that are being implemented in the different cities. They advocate for certain policies, and then we have a
lot of legal advocates that represent certain populations. It is a network that is setup and referrals to
these types of housing are done through case management programs. There is also a county-wide 211
program that you can call and tell them what you are looking for such as a shelter due to homelessness,
and they will give information for you. When we worked on farmworker housing before, we did find that
sometimes there is a duplication of effort. That coordination needs to continue to be better. Over time it
does tend to get better, and there is a lot of word of mouth. Community Housing Works is fairly well
known in San Diego County. They have worked with different cities to relocate farmworkers out of the
fields and get them into permanent housing. They did a big effort^ln the city of San Diego. We had put
together a fairly large advisory group when we were trying, ta site famiworker housing several years ago,
and Community Housing Works was one of the lead helping us to understand the needs of the
farmworkers because they were helping with the census When they wenf but to count homeless and the
farmworkers. There are a lot of different groups dQinf ^iifferent things, but they try to network to get the
information out in a coordinated fashion into the cprhtinunities and the public. That does not mean there
isn't more work that probably needed to be done on thk to let people know what iS available.
Commissioner Andrews asked if there ate. any really hot or contentious components to this that you think
would come out that the public would wanf tp know about or asK about that you anticipate?
Ms. Drew said primarily from farmworker housingf, Ttiat is the one that people will focus on just because
of the stigma that is put on farmworkers. I dp expecft that will be sonrjething may pay attention to out of
fear of allowing farmworker housing into their neighborhoods or into the irea. I have gotten a few phone
calls in that direction. We are notliptually buildirtg anythir^>:\^|:are complying with state law. All we are
doing is allowing it if a deveioper co^es in. The' residente ban work with the developer on that.
Commissioner Andrews contimented Me other typ^ of housing that are six or less that there are no
restrictions on, I wonder if that will be ari issMe as well t If it is six or less, then people don't need to get a
conditional appfrovaL right? / V '
Ms. Drew said it could be an issue, buLwith six or less people by state law, it is defined as a single-family
home. You cannot regulate whether tfiiiy are married or related. They could be six roommates, they can
be six farmworkers, as long as they are'li\J^in^ in a residential, conventional home, there is nothing they
can do about that They may not ijke who is Hying in there, but it would be complying with city's codes.
Commissioner Andrews asked if the;pwner or manager has to get some kind of approval to run that unit,
to derive the subsidies towards it or Isithat done more on an individual basis.
Mr. Donnell said he does not belieVe there is a state requirement or any city regulations for transitional
housing that might be helping homeless individuals as long there are no more than six people. It is a
family use like you or I living in a house. We do not need to get any permits from anyone to do that. The
state wants to make sure that cities make it very clear that such uses are permitted, even though our
codes today don't say anything about transitional housing. If someone wanted to do that today, they
could because state law trumps city regulations and because state law says transitional housing with no
more than six people is considered a family.
Chairperson Smith said she thinks it is a great idea. People always have a fear of something they don't
know anything about. Once the farmers or the homeless people move into the community, it will work
out.
HOUSING COMMISSION MINUTES
JUNE 14, 2012
PAGE 4 of 4
Mr. Donnell said along those lines, the reviews of the La Posada de Guadalupe have always been
received positively. Initially when that was first being proposed, there was concern about the residents of
that emergency shelter, farmworker housing in our industrial area, but they have turned out to be a very
good neighbor.
Commissioner Igoe made a recommendation that the Housing Commission adopt Housing Commission
Resolutions 2012-002, 2012-003, 2012-004, and 2012-005 recommending approval to the City Council of
Zode Code Amendments ZCA 09-04, ZCA 09-05, ZCA 11-07 and LCPA 95-10(B) based on the findings
contained therein.
Commissioner Andrews seconded the motion.
VOTE: 3-0
AYES: Andrew, Igoe, and Smith
NOES: None ;
ABSTAIN: None
ABSENT: Bradwell and Kirk
DIRECTOR'S REPORT
Ms. Fountain said earlier we spoke of La Posadaj there will be a ground, breaking for La Posada, the
construction of their new facility on June 29, 2012^ at 10 a.m. If any Commissioners would like to go,
please let her know. It will be at the La Posada site at Orion, and I can get the information if you are
interested. The city has put quite a bit of money toward it through the agricultural mitigation fund and
CDBG funds. We are in over two million (^ollars so there is a large investment from the city. They have
also been able to raise pnvate funds. Tbey heye actually been able to raise money to operate it, which is
usually the money hardest to come by. Cathplte Charities was very smart about the project in that they
were not going to move forward to build it until they knew they had-the money to operate it.
I had mentioned at the last meeting that we did have a prpposal for an apartment complex proposal in
Bressi Ranch. I have not heard eny^nore abotJii^fhethei^^or nc>l5^ want b move forward with that. The
information was provided at our last meeting In cas§, ydu are contacted because there was a large
contingent of residents that were oppo^d to that. Eyeii though I have not heard any more, that does not
mean the project has gone away, siihe city is starting to move forward by going to the Planning
Commission on its Envision Carlsbad process. This is to update our General Plan. The Planning
Department is going to be very busy,over the next few years bringing ordinances forward like now. There
will be other ordinances and polices, that will be part of the General Plan that will have to be revised.
They will be updating the ibning code to address any of the new visioning process.
Mr. Donnell said the Envision Cerlsbad has been to Planning Commission twice already and it goes next
week on Wednesday, June 20, 2012.
Ms. Fountain said those are televised meetings as well with the Planning Commission.
ADJOURNMENT
By proper motion, the meeting of June 14, 2012, was adjourned at 7:05 p.m.
Respectfully submitted,
Deborah Fountain
Housing & Neighborhood Services Director
PATRICIA CRESCENTI
Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. i4
EXHIBIT 10
Planning Commission Minutes July 3,2012 Page 9
Commissioner Black also stated he can support the project.
Commissioner Siekmann thanked staff and stated she can support the project.
Chairperson Schumacher also thanked staff and stated he can support the project.
The applicant stated they are in agreement with the errata sheet.
MOTION
ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6901 approving Site
Development Plan (SDP 12-01), based upon the findings and subject to the
conditions contained therein including the errata sheet.
VOTE: 5-0
AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black,
Commissioner L'Heureux, and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Nygaard and Commissioner Scully
ABSTAIN: None
Chairperson Schumacher closed the public hearing on Agenda Item 5 and asked Mr. Neu to introduce the
next item.
5- ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-07/LCPA 11-08/LCPA 95-
10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION - A request to
recommend approval of amendments to the Zoning Ordinance, Village Master Plan and
Design Manual and Local Coastal Program to implement various programs of the 2005-
2010 Housing Element. Implementation would add land use and development standards
for farmworker housing, emergency shelters, transitional and supportive housing, and
managed living units and would make relevant changes to the definition and standards
for residential care facilities; and a request to recommend approval of a determination
that the amendments are within the scope of the Mitigated Negative Declaration
previously adopted for the 2005-2010 Housing Element.
Mr. Neu introduced Agenda Item 6 and stated Senior Planner Scott Donnell would make the staff
presentation assisted by Associate Planner Pam Drew.
Chairperson Schumacher opened the public hearing on Agenda Item 6.
Mr. Donnell and Ms. Drew gave a brief presentation and stated they would be available to answer any
questions.
Chairperson Schumacher asked if there were any questions of Staff.
Chairperson Schumacher asked which zones transitional and supportive housing would be allowed. Mr.
Donnell stated all residential zones and a few commercial zones would permit such housing serving six or
fewer persons.
Commissioner L'Heureux asked if the six or fewer persons limitation regarding transitional and supportive
housing would include staff and support people. Mr. Donnell responded that the limitation does not
include homeowners and any help.
Commissioner Siekmann referenced attachment 8, page 9, section J, and asked who is responsible for
the removal of any structures. The owner would be responsible and the removal would be treated much
like a code compliance issue is handled; however, it would depend on the type of the structure that exists. iH
For example, if the structure is a conventional single-family residence and was allowed in the zone, the \ \^
Planning Commission Minutes July 3,2012 Page 10
structure may be allowed to remain. Commissioner Siekmann asked if this is state wording or city
wording. Ms. Drew responded that she reviewed the city of Los Angeles' ordinance which used the
State's wording. Commissioner Siekmann asked if the word "applicant or owner" should be added to that
section. Ms. Drew responded that the owner has to sign for an application. The City can say the property
owner is ultimately responsible. Ms. Mobaldi stated that section 2C refers to "property owner" so it would
be consistent in this instance.
Commissioner Black asked if the state supplies supplemental income for people allowed into a
transitional home. Mr. Donnell stated he was not aware but believed state involvement was limited. He
deferred the question to the representative of Community Housing Works.
Chairperson Schumacher asked if there were any members of the audience who wished to speak on
Agenda Item 6.
Mary Jane Jagodzinski, representing Community Housing Works, 4305 University Avenue, San Diego,
spoke briefly about transitional and supportive housing and other topics.
Chairperson Schumacher asked if there were any other members of the audience who wished to speak
on Agenda Item 6. Seeing none, he closed public testimony on the item.
DISCUSSION
Commissioner Arnold stated he can support the project.
Commissioner L'Heureux thanked staff for their presentation and stated he can support the project.
Commissioner Black also thanked staff for their work on this project and he can support the project.
Commissioner Siekmann commended Staff on their work with this project. She stated she can support
the project.
Chairperson Schumacher concurred with his fellow Commissioners and stated he can support the project.
MOTION
ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 6892, 6893, 6894, 6895,
6896, 6897, and 6898 recommending that the amendments to the Zoning Ordinance
and Local Coastal Program (including the Village Master Plan and Design Manual)
are within the scope of the Mitigated Negative Declaration previously adopted for the
2005-2010 Housing Element (GPA 03-02) and recommending approval of Zone
Code Amendments ZCA 09-04, ZCA 09-05, and ZCA 11-07; and Local Coastal
Program Amendments LCPA 09-03, LCPA 09-04, LCPA 11-08, and LCPA 95-10(B)
based on the findings contained therein.
VOTE: 5-0
AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black,
Commissioner L'Heureux, and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Nygaard and Commissioner Scully,
ABSTAIN: None
Chairperson Schumacher closed the public hearing on Agenda Item 6 and thanked Staff for their
presentations.
COMMISSION COMMENTS
Commissioner L'Heureux stated he was selected as Citizen of the Year. i
Planning Commission Minutes July 3,2012 Page 11
CITY PLANNER COMMENTS
None.
CITY ATTORNEY COMMENTS
Ms. Mobaldi commented in the California Supreme Court decision regarding the law on prevailing wage
and its applicability to charter cities. The City can disregard the prevailing wage law as the city is a
charter city.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of July 3, 2012, was adjourned at
9:05 p.m.
DON NEU
City Planner
Bridget Desmarais
Minutes Clerk
4'i
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 C.CP.)
STATE OF CALIFORNIA
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 the principal clerk
of the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
Proof of Publication of
NOTlCfcOFPUBUCHbABlBS
(NOTICE IS HEREBY GIVEN to you, because your interest may be affprtPd that the Citv Council of the City of Carlsbad will hold a
jEeL'Sg at Council Chambers, 1200 Carlsba^^^^^ Drive Carlsbad, California, at 6;00 p.m. on Tuesday, September 25, 2012 to
consider approval of amendments to the Zoning Ordinance, Village Master Ran rnd oS Manual and Local Coastal Program o implement various D oSrams of the 2005-2010 Housing Element. Implementation would add and SSd devSment standards for farmworker housing, emergency shelters, tfansltlatand'^supportive housing, and managed
rPlpvant chanaes to the de in t on and standards for residentia care Taciiities
and apJrova?d a determination that the amendments are ^i hinf e scope of
the Mitigated Negative Declaration previously adopted for the 2005-2010
Housing Element.
^ i,,!,,-? 0019 thP Citv of Carlsbad Planning Commission voted 5-0 ^^eTommen^a'pp^ova of*™^
pr Pla^^nd olsion Man^ and Local Coastal Program to implement various
ter Plan and 'j^^^'S':'^'f "^^^ Element. Implementation would add land
SSTdeUt^pment^^ housing, emergency shelters,
use and aeveiopmeru ^ managed living units and would make 'L12wLnt nh.nnps to^^ residential care facilities;
Lnd ffreSmr^Ind aJp?ovl o a S^^^ that the amendments are within
the scope ST Mi?gaterNegative Declaration previously adopted for the
2005-2010 Housing Element.
Tho<;p nersons wishina to speak on this proposal are cordially invited to attend mp nuKSo Copies of the agenda bill will be available on and after
SepterSSer 21 2012 If you have any questions, please contact Scott Donnell in the Planning Division at (760) 602-4618 or scott.donnell@carlsbadca.gov.
If vou challenqe the Zone Code Amendments and/or Local Coastal Program Arriendments court, you may be limited to raising only those issues you or
someone el"=> laistJd at the puN'C hearing described in this notice or in written
correspowence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public
hearing.
CASFFILE;ZCA 09-04/LCPA 09-03/ZCA 09-05/LCPA 09-04/ZCA 11-
07/LCPA 11 -08/LCPA 95-10(B)
CASE NAME: HOUSING ELEMENT PROGRAM IMPLEMENTATION
^ITY OF CARLSBAD/CITY COUNCIL net 2322196 09/15/2012
September 15*^ 2012
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Escondido, California
On This 17^^ day^eptember, 2012
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
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BARONA GROUP OF THE CAPITAN
GRANDE
EDWIN ROMERO, CHAIRPERSON
1095 BARONA RD
LAKESIDE CA 92040
BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
STE 2450
980 NINTH ST
SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108
CA DEPT OF TRANSPORTATION
DIV OF TRANSPORTATION
PLANNING/COMMUNITY PLANNING
1120 N ST, MS.32-RM. 5124
SACRAMENTO CA 94274
CANNELISUNDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
COUNTY OF SD
SUPERVISOR
RM 335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF DEFENSE
LOS ANGELES DIST ENG
POBOX 2711
LOS ANGELES CA 90053
DEPT OF ENERGY
STE 400
611 RYAN PLZDR
ARUNGTONTX 760114005
DEPT OF FISH & GAME
ENV SERV DIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
RM100
1220N ST
SACRAMENTO CA 95814
DEPT OF FORESTRY
ENV COORD
POBOX 944246
SACRAMENTO CA 942442460
DEPT OF HOUSING & URBAN DEV
REGION IX
ENVIRONMENTAL OFFICER
611 WEST SIXTH ST, STE. 811
LOS ANGELES CA 90017
DEPT OF JUSTICE
DEPT OF ATTY GEN
RM 700
110 WEST A ST
SAN DIEGO CA 92101
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA
FEDERAL ENERGY REGULATORY
COMMISSION
100 1ST ST., STE 2300
SAN FRANCISCO CA 941053084
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STEJ
4665 LAMPSON AVE
LOSALAMITOSCA 907205139
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
PO BOX 3044
SACRAMENTO CA 958123044
SAN FRANCISCO BAY CONSERV & DEV
COM
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941114704
SANDAG
EXEC DIRECTOR
STE 800
1STINTL PLZ401 BST
SAN DIEGO CA 92101
SD COUNTY
PLANNING & LAND USE DEPT
STE B-5
5201 RUFFIN RD
SAN DIEGO CA 92123
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
STATE LANDS COMMISSION
STE 1005
100 HOWE AV
SACRAMENTO CA 958258202
US ARMY CORPS OF ENGINEER
1455 MARKET STFL17
SAN FRANCISCO CA 94103
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
US BUREAU OF RECLAMATION
27708 JEFFERSON AVE, STE 202
TEMECULACA 92590
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G ST
DAVIS CA 95606
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CARLSBAD UNIF SCHOOL DIST
6225 EL CAMINO REAL
CARLSBAD CA 92011
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SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AVE
SAN MARCOS CA 92069
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ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
STATE OF CALIFORNIA
DEPT OF FISH AND GAME
3883 RUFFIN ROAD
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SD COUNTY PLANNING
STEB
5201 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
CARLSBAD CHAMBER OF
COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
CA COASTAL COMMISSION
ATTN TONI ROSS
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
EDDIE PRECIADO
PROGRAM DIRECTOR
LA POSADA DE GUADALUPE SHELTER
2478 IMPALA DRIVE
CARLSBAD CA 92010
AIRPORT LAND USE COMMISSION
SAN DIEGO COUNTY AIRPORT
AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
MARY JANE JAGODZINSKI
COMMUNITY HOUSING WORKS
4305 UNIVERSITY AVE, STE 550
SAN DIEGO CA 92105
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACRAMENTO CA 95801
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT- PROJECT ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
MICHAEL MCSWEENEY - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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