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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 • • • • 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 13 14 15 16 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: 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 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: 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 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 -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 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 12 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 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) X 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: -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 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. -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. 22 23 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) 28 " 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 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) 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) (deflned: 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 ofthe following use: Uses P CUP Acc Farmworker housing complex, small (subject to Section 21.10.125) (deflned: Section 21.04.148.4) 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 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 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) 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) (deflned: Section 21.04.148.4) 1 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) 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) (deflned: 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 /// /// /// 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 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) 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) (deflned: 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 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) 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: -9-\0 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 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) 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- 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 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)) 3 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: /// •11-1^ 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 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)) 3 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 -12-13 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 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": /// /// /// -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 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 •14-1^ 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 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 -15- 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 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. /// /// /// /// /// •16-(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 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 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 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 5 7 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: 18 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) (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. /// /// /// /// /// 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 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 8 •' 9 10 11 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. lo 19 20 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: 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 predetennlned future point in time, which shall be no less than six months. 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 (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 /// 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) (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) 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 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) 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 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 /// /// -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 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. /// /// -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 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 •5- 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 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: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 X,*tv.V 25 26 27 LORRAINE M. WOOD, City Cleric (SEAL)