HomeMy WebLinkAbout2012-10-02; City Council; 21021; Housing Program ZCA 09-04 ZCA 09-05 ZCA 11-07CITY OF CARLSBAD - AGENDA BILL
21.021 AB#
MTG. 10/2/12
DEPT. Clerk
HOUSING ELEMENT PROGRAM
IMPLEMENTATION
ZCA 09-04, ZCA 09-05, ZCA 11-07
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-189. amending the Zoning Ordinance, Chapter 21.04 to add the definitions of
"agriculture, farmworker, farmworicer housing complex-large and farmwori^er housing complex-small"; and,
amending 21.10.125 approving a Zone Code Amendment to comply with state law to permit by right or
conditionally, farmwori<er housing where agricultural uses are also pemiitted by right or condifionally.
Adopt Ordinance No. CS-190. amending the Zoning Ordinance, Chapter 21.04 to define "emergency shelter"
and to permit by right or conditionally, year-round emergency shelters in the M and P-M zones.
Adopt Ordinance No. CS-191. amending the Zoning Ordinance to add definitions and standards for
"transitional housing and supportive housing" and to permit by right or conditionally, the same in residential
and certain commercial zones; and, to revise the definition and standards for "residential care facilities, and
permit residential care facilities" in residential and certain commercial zones where currently not allowed.
ITEM EXPLANATION:
Ordinance Nos. CS-189, CS-190 and CS-191 were introduced and first read at the City Council meeting held
on September 25, 2012. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen
days, if adopted. (Notwithstanding the preceding, Ordinance Nos. CS-189, CS-190 and CS-191 shall not be
effective until approved by the Califomia Coastal Commission.)
FISCAL IMPACT:
See AB #21,014 on file in the Office of the City Cleri<.
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 (MNRP) 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 facilities by implementation of Housing Element programs, including development of
housing (including farmworker housing) and emergency shelters.
EXHIBITS:
1. Ordinance No. CS-189.
2. Ordinance No. CS-190.
3. Ordinance No. CS-191.
DEPARTMENT CONTACT. Karen Kundtz 760-434-2808 Karen.Kundtz(@carisbadca.aov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED •
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
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EXHIBIT 1
1 ORDINANCE NO. CS-189
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA. APPROVING A ZONE CODE
3 AMENDMENT TO PERMIT OR CONDITIONALLY PERMIT
FARMWORKER HOUSING COMPLEXES IN ZONES WHERE
4 AGRICULTURAL USES ARE PERMITTED OR CONDITIONALLY
PERMITTED; ADD THE DEFINITIONS OF "AGRICULTURE,"
5 "FARMWORKER." "FARMWORKER HOUSING COMPLEX.
LARGE" AND "FARMWORKER HOUSING COMPLEX, SMALL"
6 TO CHAPTER 21.04 (DEFINITIONS); AND ADD SECTION
21.10.125 - FARMWORKER HOUSING COMPLEX
7 REGULATIONS AND STANDARDS TO CHAPTER 21.10 (R-1
ONE-FAMILY RESIDENTIAL ZONE).
8 CASE NAME: FARMWORKER HOUSING
CASE NO.: ZCA 09-04
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The City Council ofthe City of Carisbad. California, does ordain as follows:
SECTION I: 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
follows:
j7 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)
20 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 III: That Section 21.04.148.1 (Definitions, "Farmworker") is added as
follows:
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21.04.148.1 Farmworker.
24 "Farmworker" means any individual engaged in agriculture (as defined in Section
21.04.023).
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21.04.148.3 Farmworker housing complex, large.
28 "Farmworker housing complex, large" includes conventional and non-conventional
structures, housing more than 36 farmworkers or more than 12 units/spaces, such as: group
SECTION IV: That Section 21.04.0148.3 (Definitions, "Farmworker housing
complex, large") is added as follows:
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living quarters (including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a
mobile home, manufactured home, recreational vehicle, or travel trailer; or other housing
accommodations, and which is occupied by farmworkers or farmworkers and their households,
and may be for temporary, seasonal, or permanent residence.
SECTION V: That Section 21.04.0148.4 (Definitions, "Farmworker housing
complex, small") is added as follows:
21.04.148.4 Farmworker housing complex, small.
"Farmworker housing complex, small" includes conventional and non-conventional
structures, housing up to 36 farmworkers or 12 units/spaces, such as: group living quarters
(including barracks and bunkhouses); a dwelling, boardinghouse, or tent; a mobile home,
manufactured home, recreational vehicle, or travel trailer; or other housing accommodations,
and which is occupied by farmworkers or farmworkers and their households, and may be for
temporary, seasonal, or permanent residence.
SECTION VI: That Table A and accompanying footnotes of Section 21.07.020
(E-A Exclusive Agricultural Zone, Permitted Uses) are amended as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted. (See note 6 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 7
below)
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Accessory uses and structures (see note 4) X
Airports 3
Animals and poultry — small (less than 25) (see note 1) X
Animals and poultry — small (more than 25) (see note 1) 1
Apiary/bee keeping (subject to Section 21.42.140(B)(5)) 1
Aquaculture (defined: Section 21.04.036) 2
Aviary 1
Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined:
Section 21.04.048)
2
Campsites (overnight) (subject to Section 21.42.140(B)(40)) 2
Cattle, sheep, goats and swine production (see note 2) X
Cemeteries 3
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Churches, synagogues, temples, convents, monasteries, and other places
of worship
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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)
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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))
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Plant nurseries and nursery supplies 1
Processing plant (for crops) (subject to Section 21.04.140(B)(115)) 1
Produce/flower stand for display and sale of products produced on the
same premises (see note 3)
X
Public/quasi-public buildings and facilities and accessory utility
buildings/facilities (defined: Section 21.04.297)
2
Radio/television/microwave/broadcast station/tower 2
Recreation facilities 2
Satellite television antennae (subject to Section 21.53.130, et seq.) X
Signs (subject to Chapter 21.41) (defined: Section 21.04.305) X
Stables/riding academies (defined: Sections 21.04.310 and 21.04.315) 2
Stadiums 3
Tree farms X
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Truck farms X
Veterinary clinic/animal hospital (small animals) (defined: Section
21.04.378)
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Windmills (exceeding height limit of zone) (subject to Section
21.42.140(B)(160))
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Wireless communications facilities (subject to Section 21.42.140(B)(165))
(defined: Section 21.04.379)
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Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section
21.04.400)
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Notes:
1. Small animals and poultry: Provided that not more than twenty-five of any one or
combination thereof shall be kept within seventy-five feet of any habitable structure, nor
shall they be located within three hundred feet of a habitable structure on an adjoining
parcel zoned for residential uses, nor shall they be located within one hundred feet of a
parcel zoned for residential uses when a habitable structure is not involved. In any event,
the distance from the parcel zoned for residential uses shall be the greater of the distances
so indicated.
2. Cattle, sheep, goats and swine production: Provided that the number of any one or
combination of said animals shall not exceed one animal per half acre of lot area. Said
animals shall not be located within seventy-five feet of any habitable structure, nor shall they
be located within three hundred feet of a habitable structure on an adjoining parcel zoned for
residential uses, nor shall they be located within one hundred feet of a parcel zoned for
residential uses when a habitable structure is not involved. In any event, the distance from
the parcel zoned for residential uses shall be the greater ofthe 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 ofthe 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 ofthe 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 Vll: 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 CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION VIILThat Table A of Section 21.09.020 (R-E Rural Agricultural Zone,
Permitted Uses) is amended to add in alphabetical order the following use:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION IX: That Table A of Section 21.09.020 (R-E Rural Agricultural Zone,
Permitted Uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION X: That the list of sections in Chapter 21.10 (R-1 One-Family
Residential Zone) is amended to add the following reference to Section 21.10.125:
21 10.010 Intent and purpose.
21 10.020 Permitted uses.
21 10.030 Second dwelling units.
21 10.040 Home occupations.
21 10.050 Building height.
21 10.060 Front yard.
21 10.070 Side yards.
21 10.080 Placement of buildings.
21 10.090 Minimum lot area.
21 10.100 Lot width.
21 10.110 Lot coverage.
21 .10.120 Development standards.
21 .10.125 Farmworker housing complex standards.
21 10.130 Severability.
SECTION XI: That Table A of Section 21.10.020 (R-1 One-Family Residential
Zone, Permitted Uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XII That the footnotes of Table A of Section 21.10.020 (R-1 One-
Family Residential Zone) are amended as follows:
Notes:
1. On each lot or combination of adjacent lots under one ownership, there may be kept one
horse for each ten thousand square feet in the lot or lots; provided, however, that any such
horse may be kept only if it is fenced and stabled so that at no time it is able to graze, stray
or roam closer than seventy-five feet to any building used for human habitation, other than
buildings on the lot or lots, and as to those buildings, no closer than fifty feet.
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1 2. A conditional use permit is not required for a golf course if it is approved as part of a master
plan for a planned community development.
2 3. Mobile homes must be certified under the National Mobilehome Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to
3 Section 18551 of the State Health and Safety Code.
4. Any use meeting the definition of an entertainment establishment, as defined in Section
4 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of
CMC Chapter 8.09.
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SECTION XIII: That Section 21.10.125 (R-1 One-Family Residential Zone,
Farmworker Dwelling Unit and Farmworker Housing Complex Standards) is added to read as
follows:
21.10.125 Farmworker housing complex standards.
A. Purpose.
10 1. The purpose of this section is to establish standards to ensure that the
development of farmworker housing complexes does not adversely impact adjacent parcels or
11 the surrounding neighborhood and that they are developed in a manner which protects the
health, safety, and general welfare of the nearby residents and businesses, and the character of
12 the City of Carlsbad,
2. The Employee Housing Act allows for flexibility in housing types for farmworker
13 housing, including conventional and non-conventional structures, such as: living quarters,
boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle and
14 travel trailers. The laws and regulations governing these structures depends on the housing
type; however, all employee housing must comply with: the Employee Housing Act (Health and
1^ Safety Code Section 17000 et. seq.) and the Employee Housing Regulations (Title 25 -
Housing and Community Development), which outline speciflc requirements for the construction
1^ 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
1^ 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,
1^ P-M and P-U; and 4) open space zones 0-S and CR-A/OS, which are developed with a
farmworker housing complex.
2^ 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 Titie 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 titie.
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
26 perimeter of the housing to shield the housing from adjacent structures.
F. Parking shall be as required by Chapter 21.44.
27 G. Farmworker housing complexes shall comply, as applicable, with the following: 1)
Employee Housing Act (California Health and Safety Code Sections 17000 - 17062); 2)
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Mobilehome Parks Act (California Health and Safety Code Sections 18200 - 18700); and
Special Occupancy Parks Act (California Health and Safety Code Sections 18860 - 18874).
H. Within 30 days after approval from the City of Carisbad for farmworker housing,
the applicant shall record in the office of the County Registrar-Recorder/County Clerk a
covenant running with the land for the benefit of the City of Carisbad, declaring that the
farmworker housing will continuously be maintained as such in accordance with Chapter 21 of
the Carisbad Municipal Code and also that:
I. The applicant will obtain and maintain, for as long as the farmworker housing is
operated, the appropriate permit(s) from State Department of Housing and Community
Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated
thereunder;
2. The improvements required by the City of Carisbad related to the farmworker
housing shall be constructed and/or installed, and continuously maintained by the applicant;
3. The applicant will submit the annual veriflcation 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.
I. The property owner shall, if applicable: 1) complete and submit to the City
Planner a veriflcation form no later than 30 days after receiving a permit to operate from HCD;
2) a veriflcation form shall be submitted to the City Planner annually to ensure compliance with
Title 21 ofthe Carisbad Municipal Code; and 3) the veriflcation 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 termination 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)
(deflned: Section 21.04.148.4)
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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)
(deflned: Section 21.04.148.4)
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SECTION XVI: That Table A of Section 21.18.020 (R-P Residential Professional
Zone, Permitted Uses) is amended by the addition ofthe following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(deflned: Section 21.04.148.4)
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SECTION XVII: That Table A of Section 21.18.020 (R-P Residential Professional
Zone. Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XVIII: 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)
(deflned: Section 21.04.148.4)
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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)
(deflned: Section 21.04.148.4)
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SECTION XX: That Table A of Section 21.22.020 (R-W Residential Waterway
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)
(deflned: Section 21.04.148.4)
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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)
(deflned: Section 21.04.148.4)
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SECTION XXII: That Table A of Section 21.25.020 (C-F Community Facilities
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXIII: 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)
(deflned: Section 21.04.148.4)
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SECTION XXIV: That Table A of Section 21.26.020 (C-1 Neighborhood
Commercial Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXV: That Table A of Section 21.27.020 (O Office Zone, Permitted
uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(deflned: Section 21.04.148.4)
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SECTION XXVI: That Table A of Section 21.27.020 (O Office Zone, Permitted
uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXVII: 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)
(deflned: Section 21.04.148.4)
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SECTION XXVIII: That Table A of Section 21.28.020 (C-2 General Commercial
Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXIX: That Table A of Section 21.29.020 (C-T Commercial Tourist
Zone, Permitted uses) is amended to add in alphabetical order the following use:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXX: That Table A of Section 21.29.020 (C-T Commercial Tourist
Zone, Permitted uses) is amended by to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXI: That Table A of Section 21.30.020 (C-M Heavy Commercial -
Limited Industrial Zone, Permitted uses) is amended to add in alphabetical order the following
use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXXII: That Table A of Section 21.30.020 (C-M Heavy Commercial
Limited Industrial Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXIII: That Table A of Section 21.31.020 (C-L Local Shopping Center
Zone, Permitted uses) is amended to add in alphabetical order the following use:
Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
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SECTION XXXIV: That Table A of Section 21.31.020 (C-L Local Shopping
Center Zone, Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXV: That Table A of Section 21.32.020 (M Industrial Zone,
Permitted uses) is amended to add in alphabetical order the following uses:
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Uses P CUP Acc
Farmworker housing complex, large (subject to Section 21.10.125)
(defined: Section 21.04.148.3)
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Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XXXVI: That Table A of Section 21.32.020 (M Industrial Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XXXVII: 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 XXXVIII: 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:
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Uses P CUP Acc
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
SECTION XLII: That Table A of Section 21.36.020 (P-U Public Utility Zone,
Permitted uses) is amended to delete the following use:
Uses P CUP Acc
Agricultural farm worker housing (temporary) (subject to Section
21.42.140(B)(2))
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SECTION XLIII: 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 ofthe
municipal code:
"P" indicates use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process.
2 = Planning commission hearing process.
3 = City council hearing process.
"Acc" indicates use is permitted as an accessory use.
Use P CUP Acc
Animals and poultry — small (less than 25) (see note 1) X
Cattle, sheep, goats, and swine production (see note 2) X
Crop production X
Family day care home (large and small) (subject to Chapter 21.83 of
this title)
X
Farmworker housing complex, small (subject to Section 21.10.125)
(defined: Section 21.04.148.4)
X
Floriculture X
Greenhouses, less than 2,000 square feet X
Horses, private use X
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Nursery crop production X
Other uses or enterprises similar to the above customarily carried on in
the field of agriculture
X
Produce stand for display and sale of products produced on the same
premises (see note 3)
X
Tree farms X
Truck farms X
SECTION XLV: That the footnotes of Table A of Section 21.39.020 (L-C
Limited Control Zone, Permitted Uses) are amended as follows:
Notes:
1. Small animals and poultry: Provided that not more than twenty-flve of any one or
combination thereof shall be kept within seventy-flve 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-flve feet of any habitable structure, nor shall they
be located within three hundred feet of a habitable structure on an adjoining parcel zoned for
residential uses, nor shall they be located within one hundred feet of a parcel zoned for
residential uses when a habitable structure is not involved. In any event, the distance from
the parcel zoned for residential uses shall be the greater of the distances so indicated.
3. Produce stands: Provided that the floor area shall not exceed two hundred square feet and
is located not nearer than twenty feet to any street or highway.
SECTION XLVI: That Section 21.42.140 (Minor Conditional Use Permits and
Conditional Use Permits, Development standards and special regulations) is proposed to be
amended by the deletion of the following use:
2. Agricultural farm worker housing (temporary):
a. A CUP is required unless exempted by Government Code Section 65589.4.
SECTION XLVII: That Table A in Section 21.44.020 (Number of off-street
parking spaces required) is amended by the addition of the following residential uses to be
added at the end of Table A's list of "Residential Uses":
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Table A
Number of Off-Street Parking Spaces Required
Use Number Of Off-Street Parking Spaces
Residential
Uses
Farmworker housing
complex, large
The number of required parking spaces shall be
determined by the city planner and shall be based
on the operating characteristics of a speciflc
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 XLVIII: 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 all 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)
(deflned: Section 21.04.148.4)
X
Energy transmission and distribution facilities, including but not
limited to rights-of-way and pressure control or booster stations,
substations, gas metering/regulating stations or operating centers for
gasoline, electricity, natural gas, synthetic natural gas, oil or other
forms of energy sources, with the necessary accessory equipment
incidental thereto
X
Farmers market (sale of primarily agricultural products) 1
Floral trade center (wholesale or retail) 2
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Greenhouses X
Plant nurseries and supplies (retail) 1
Tree and seed growing farms X
Utility buildings/facilities that are built, operated, or maintained by a
public utility to the extent that they are regulated by the California
Public Utilities Commission
X
Vineyards and wineries X
Secondary Agricultural Uses p CUP
Agricultural distribution facilities 2
Other accessory or related uses that promote the continuation of a
primary permitted agricultural use. as determined by the City Planner
1
Public/private events and activities (permanent or temporary) related
to promoting a primary permitted agricultural use (examples:
demonstrations, seasonal sales/temporary sales, special events,
tours) (see note 1 below)
X
Retail sales of agricultural crops and related products limited to a
cumulative area of 1,000 square feet or less
(examples: on- premise sale of crops to the public, produce store,
"you pick" operations, sale of products made from crops)
X
Retail sales of agricultural crops and related products with a
cumulative area of more than 1,000 square feet
(examples: on-premise sale of crops to the public, produce store,
"you pick" operations, sale of products made from crops)
1
Open Space Uses
Primary Open Space Uses p CUP
Amphitheater 2
Aquarium 1
Art gallery 1
Civic and public gathering spaces
(examples: art display, gazebos, public plazas, sitting areas, water
features, wedding areas)
X
Community learning center
(excluding "educational institution or school" as deflned in Section
21.04.140)
1
Community meeting center
(excluding a city hall or civic center)
1
Cultural center 1
Dog park 1
Energy transmission and distribution facilities, including but not
limited to rights-of-way and pressure control or booster stations,
substations, gas metering/regulating stations or operating centers for
gasoline, electricity, natural gas, synthetic natural gas, oil or other
forms of energy sources, with the necessary accessory equipment
incidental thereto
X
Gardens (public or private)
(examples: botanical, rose. tea. and meditation gardens)
1
Habitat preserves and natural areas X
Historic center 1
Museum 1
Parks (public or private) 1
Performing arts center 2
Picnic areas 1
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Sports or recreation center
(public or private) (indoor or outdoor)
(examples: athletic courts and flelds, 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 flndings of the Housing Commission in Housing
Commission Resolution No. 2012-002 shall constitute the findings ofthe City Council.
SECTION XL: That the findings of the Planning Commission in Planning
Commission Resolution No. 6892 shall constitute the flndings ofthe City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city cleri< shall certify the adoption of tiiis ordinance and cause the full text of tiie ordinance
or a summary of the ordinance prepared by the City Attomey 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 25^ day of September 2012, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 2nd day of October 2012, by the following vote, to wit:
AYES: Council Members Hall, Blackbum, Douglas, Packard
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attomey
ATTEST:
LORRAINE M. WOOD, City Cleric
(SEAL)
EXHIBIT 2
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ORDINANCE NO. CS-190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
AMENDMENT TO DEFINE "EMERGENCY SHELTER," PERMIT
OR CONDITIONALLY PERMIT SHELTERS IN THE M AND P-M
ZONES, AND ADD DEVELOPMENT STANDARDS FOR THE
SAME.
CASE NAME: EMERGENCY SHELTER
CASE NO.: ZCA 09-05
The City Council of the City of Carisbad, California, does ordain as follows:
SECTION I: That the list of sections in Chapter 21.04 (Deflnitions) is amended
to add the following reference to Section 21.04.140.5
21.04.140.5 Emergency Shelter
SECTION II: That Section 21.04.140.5 (Deflnitions, "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) (deflned Section 21.04.140.5)
X
Emergency shelter, more than 30 beds or persons (subject to
Section 21.32.070) (deflned Section 21.04.140.5)
3
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
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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
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
g 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:
1^ a. Immediately adjacent to any residentially zoned property;
J ^ 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
15 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:
17 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
jQ public view and adequate to prevent queuing into the public right of way and
required parking and access;
20 c. Clean sanitary beds and sanitation facilities, including showers and toiletries;
d. Segregated sleeping, lavatory and bathing areas if the emergency shelter
21 accommodates both men and women in the same building. Reasonable
accommodation shall be made to provide segregated sleeping, lavatory and
22 bathing areas for families;
23 e. Individual lockers to allow shelter clients to secure their private possessions while
using the shelter.
24 F. Management. At least one facility manager shall be on-site at all hours the facility
is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff
25 member is provided in all segregated sleeping areas, as appropriate.
G. No person shall be allowed to camp on the premises or sleep on the premises
26 outside of the shelter building.
H. Emergency shelters may provide one or more of the following types of supportive
27 facilities or services for the exclusive use or benefit of the shelter clients:
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1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services.
SECTION VI: That Table A in Section 21.34.020 (P-M Planned Industrial Zone,
Permitted Uses) of the Carisbad Municipal Code is amended to add in alphabetical order the
following uses:
Use P CUP Acc
Emergency shelter, no more than 30 beds or persons (subject to
Section 21.32.070) (deflned 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 Vll: 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 speciflc proposal,
including, but not limited to, number of: 1) employees,
2) beds and 3) service deliveries.
SECTION VIII: That the flndings of the Housing Commission in Housing
Commission Resolution No. 2012-003 shall constitute the findings ofthe City Council.
SECTION IX: That the flndings of the Planning Commission in Planning
Commission Resolution No. 6894 shall constitute the flndings ofthe City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city clerk 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 Attomey to k>e 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 25*^ day of September 2012, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 2nd day of Octot)er 2012, by the following vote, to wit:
AYES: Council Members Hall, Blackbum, Douglas, Packard
NOES: None
ABSENT: Council Memt)er Kulchin
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attomey
ATTEST:
Ll^f^RAlNE M. W56D, bify C! Cleric
(SEAL)
EXHIBIT 3
1 ORDINANCE NO. CS-191
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO ADD DEFINITIONS AND STANDARDS FOR
"TRANSITIONAL HOUSING" AND "SUPPORTIVE HOUSING,"
4 PERMIT OR CONDITIONALLY PERMIT THE SAME IN
RESIDENTIAL AND CERTAIN COMMERCIAL ZONES, REVISE
5 THE DEFINITION AND STANDARDS FOR "RESIDENTIAL CARE
FACILITIES," AND PERMIT RESIDENTIAL CARE FACILITIES IN
6 RESIDENTIAL ZONES AND CERTAIN COMMERCIAL ZONES
WHERE CURRENTLY NOT ALLOWED.
7 CASE NAME: TRANSITIONAL & SUPPORTIVE HOUSING
CASE NO.: ZCA 11-07
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The City Council of the City of Carisbad, California, does ordain as follows:
SECTION 1: 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
14 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,
1^ 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
1' or for the protection of the individual as provided in Section 1502 of the California Health and
Safety Code.
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SECTION 111: That Section 21.04.355.1 (Definitions, "Supportive Housing") is
added to read as follows:
2^ 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
22 the housing, improving his or her health status, and maximizing his or her ability to live and,
when possible, work in the community.
SECTION IV: That Section 21.04.362 (Definitions, "Transitional Housing") is
added to read as follows:
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21.04.362 Transitional Housing
27 "Transitional housing" means rental housing operated under program requirements that
call for the termination of assistance and recirculation of the assisted unit to another eligible
2g program recipient at some predetennlned future point in time, which shall be no less than six
months.
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SECTION V: That Table A of Section 21.08.020 (R-A Residential Agricultural
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (defined:
Section 21.04.362)
X
SECTION VI: That Table A of Section 21.09.020 (R-E Rural Residential Estate
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (defined:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (deflned:
Section 21.04.362)
X
SECTION Vll: 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) (deflned:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (deflned:
Section 21.04.362)
X
SECTION VIII: 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 (serving six or fewer persons) (deflned:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (deflned:
Section 21.04.362)
X
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SECTION IX: That Table A of Section 21.16.020 (R-3 Multiple-Family Residential
Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as
follows:
Use P CUP Acc
Supportive housing (serving six or fewer persons) (deflned:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (deflned: Section 21.04.355.1)
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Transitional housing (serving six or fewer persons) (deflned:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (deflned: Section 21.04.362)
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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 (serving six or fewer persons)
(deflned: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (deflned:
Section 21.04.355.1)
X
Supportive housing (serving more than six persons) (subject to
21.42.140(B)(125)) (deflned: Section 21.04.355.1)
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Transitional housing (serving six or fewer persons) (deflned:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (deflned: Section 21.04.362)
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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)
(deflned: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (deflned:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (deflned:
Section 21.04.362)
X
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SECTION XII: 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) (deflned:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (deflned:
Section 21.04.362)
X
SECTION XIII: 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) (deflned:
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) (deflned:
Section 21.04.362)
X
Transitional housing (serving more than six persons) (subject to
21.42.140(B)(125)) (deflned: 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 serving six or fewer persons.
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SECTION XVII: That Table A of Section 21.37.020 (RMHP Residential Mobile
Home Park, Permitted Uses) is amended by adding in alphabetical order the following uses to
read as follows:
Use P CUP Acc
Residential care facilities (serving six or fewer persons)
(deflned: Section 21.04.300)
X
Supportive housing (serving six or fewer persons) (deflned:
Section 21.04.355.1)
X
Transitional housing (serving six or fewer persons) (deflned:
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 deflned.
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 flndings 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, service, and other outdoor areas
5. Security
6. Loitering
SECTION XIX: That Table A in Section 21.44.020 (Number of Off-street Parking
Spaces Required) is amended by adding the following uses to the end of the list of "Residential
Uses" to read as follows:
Use Number of Off-Street Parking Spaces
Residential Uses
Supportive
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
Residential Uses Transitional
Housing
(serving more
than six
persons)
2 spaces, plus 1 space/three beds
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SECTION XX: That the description "for other residential uses or care facilities
(e.g.. housing for senior citizens, hospitals, residential care facilities, etc.)" found in Table B of
Section 21.44.020 (Parking Space and Areas) is amended to read as follows:
Subject Requirement
For other Not more than 150 feet walking distance from
residential uses the nearest point of the pari<ing 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 clerk 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 Attomey 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.)
Ill
III
III
HI
III
1 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
2 Council on the 25th day of September 2012, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carisbad on the 2nd day of October 2012, by the following vote, to wit:
5 AYES: Council Members Hall, Blackbum, Douglas, Packard
6 NOES: None
7 ABSENT: Council Member Kulchin
8 ABSTAIN: None
9
10 APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attomey
ATTEST:
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LORRAINE M. WOOD, City Cleric
(SEAL)