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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 COUNCIL ACTION: APPROVED DENIED CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC .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 • Page 2 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 Page 3 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 9 • 10 11 12 18 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). 25 " 26 27 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 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: -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)) 3 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. -5- 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. 20 21 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) 28 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)) 3 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)) 3 /// /// /// H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)) 3 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)) 3 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) 1 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)) 3 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (defined: Section 21.04.148.4) 1 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)) 3 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)) 3 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) 1 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)) 3 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: /// •10-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Uses P CUP Acc Farmworker housing complex, large (subject to Section 21.10.125) (defined: Section 21.04.148.3) 3 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)) 3 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)) 3 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) 1 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)) 3 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: /// -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)) 3 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) 1 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 •12-\5 1 2 3 4 c J 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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": /// /// /// -13-/6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 •14-n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -15-1^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// /// /// /// /// 16-/9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 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) 3 7 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: 18 19 28 •2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// /// /// /// /// -3- ^3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8 9 10 11 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. 1 o 19 20 21 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: 24 25 26 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^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 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 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 /// /// -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// /// /// 3} 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 18 20 21 22 23 24 25 26 27 28 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." /// /// /// /// /// •2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 25 26 27 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 14 15 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 3{p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 14 15 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 27 28 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: 16 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. 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^ -aril*! OlaCjir ojf OciJT'lwfo^tdr JHr<yMM.mimM «&; mmiM*»Mi>t>x''.Jt»&<>dL SejrwTfee* A IlEI»OIlT TO TME Stalff: Seott I>o«m»tielI, Sen.toar W*lmt%x%&Wf 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 ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION 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^ ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION June 14, 2012 PAGE 3 : _ 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 IMPLEMENTATION 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 ^ ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION June 14, 2012 PAGE 5 . : ) 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 ( ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION June 14,2012 PAGE 6 • 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. ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION June 14, 2012 PAGE 7 — ) 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 ) ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION June 14,2012 PAGE 8 — — 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. ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION June 14, 2012 PAGE 9 — — 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. ZCA 09-04/ZCA 09-05/ZCA 11-07/LCPA 95-10(B) - HOUSING ELEMENT PROGRAM IMPLEMENTATION June 14,2012 PAGE 10 — • 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 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 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 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 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 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 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 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 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^ 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 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 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 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 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 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 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 9 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 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 10 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 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 11 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 AM3AV-OD-008-t UJ03'XJ9AB/WMM ap SU9S • ®09tS ®Ail3AV iueqeB 3| ZBSijun id|ad e sd|pej. sdusnb;!^ 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 ®09is ®Ajd3iW f wx36p3 dn-dod asodxa I duii Suoie puag ®091S a;B|duj9i. ®AjaAv asn AM3AV-OD-008-I. UIOrAjdAe'AMAM CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 f ^ndn-dod pjoqaj 3| jajBAdj ap suas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ®091S ®Aa3AV iueqeB 9\ zas\\iin i3|ed sa|i3e| sauanbji^ 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 v,,j.a6p3 dn-dod asodxa f\t Aim Aimm nii.^n @091S 9lB|dm9i ^AjaAv asn