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HomeMy WebLinkAbout2014-03-25; City Council; 21548; Transitional Supportive Housing ZCA 11-07(A)/LCPA 11-08(A)CITY OF CARLSBAD - AGENDA BILL 14 AB# MTG. DEPT. 21.548 3/25/14 CED TRANSITIONAL AND SUPPORTIVE HOUSING ZCA 11-07(A)/LCPA 11-08(A) DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION; That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-249 . APPROVING amendments to the City of Carlsbad Zoning Ordinance for ZCA 11-07(A) and ADOPT Resolution No. 2014-053. APPROVING amendments to the City of Carlsbad Local Coastal Program for LCPA 11-08(A) based upon the findings contained therein. ITEM EXPLANATION: Project Planning Commission City Council Coastal Commission ZCA 11-07(A)/LCPA 11-08(A) - Transitional and Supportive Housing RA X . RA = Recommended adoption/approval X = Final city decision-making authority • = Requires Coastal Commission approval ** = The Zone Code Amendment (ZCA) will not become effective until the Coastal Commission approves the corresponding LCPA. In 2012 the City Council approved land use changes to implement four Housing Element programs regarding Farmworker Housing, Emergency Shelters, Transitional and Supportive Housing, and Managed Living Units from the existing adopted 2005-2010 Housing Element (extended through 2013) through amendments to the Zoning Ordinance, Village Master Plan and Design Manual, and Local Coastal Program. Implementation ofthe programs is necessary to comply with state law. State law requires cities to facilitate and encourage development of a variety of housing for all income levels. In August 2013, during the State Housing and Community Development Department's (HCD) review ofthe city's 2013-2021 draft Housing Element, it was brought to staffs attention that the city was not in compliance with Senate Bill (SB) 2, adopted October 13, 2007, in regard to transitional and supportive housing. In order to comply with SB 2, the city must amend the transitional and supportive housing ordinance to remove the text that states the specific number of persons allowed per transitional and supportive housing unit (i.e., 6 or fewer and 7 or above) and revise the definitions as follows: "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 program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses ofthe same type in the same zone. DEPARTMENT CONTACTS: Pam Drew 760-602-4644 pam.drew(5)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 "Supportive housing" means housing with no limit on length of stay that is occupied by the target population (as defined in state Health and Safety Code Section 50675.14 (b)(3) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. On February 19, 2014, the Planning Commission voted 7-0-0 to recommend approval ofthe project. The Planning Commission staff report (Exhibit 4) and minutes are attached (Exhibit 5). FISCAL IMPAa; The recommended action imposes no additional financial burden beyond normal city costs to file environmental notices with the County Clerk and process the Local Coastal Program Amendment through the Coastal Commission. ENVIRONMENTAL IMPACT; The proposed code amendments are minor and involve no physical modifications and fall within the scope of a previously approved Mitigated Negative Declaration (MND - SCH #2006051076) reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation ofthe amendments that were not previously examined and evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 comprehensively evaluated the potential environmental effects of future housing facilitated by implementation of Housing Element programs, including transitional and supportive housing. The attached Planning Commission resolution finds the project within the scope ofthe previously adopted MND and MMRP. The recommended City Council ordinance and resolution incorporate the findings of the Planning Commission. EXHIBITS; 1. City Council Ordinance No. CS-249 (ZCA 11-07(A) - Transitional and Supportive Housing) 2. City Council Resolution No. 2014-053 (LCPA 11-08(A)) 3. Planning Commission Resolution No. 7036 4. Planning Commission Staff Report dated February 19, 2014 5. Draft Planning Commission minutes dated February 19, 2014. 7 EXHIBIT 1 1 ORDINANCE NO. CS-249 3 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO ORDINANCE CS-191 TO REMOVE TEXT THAT SPECIFIES THE 4 NUMBER OF PERSONS ALLOWED PER TRANSITIONAL AND SUPPORTIVE HOUSING UNIT; AMEND THE TRANSITIONAL AND 5 SUPPORTIVE HOUSING DEFINITIONS TO STATE THEY ARE RESIDENTIAL USES SUBJECT TO ONLY THOSE RESTRICTIONS THAT APPLY TO OTHER RESIDENTIAL USES OF THE SAME TYPE IN THE SAME ZONE; AND MAKE OTHER RELATED, MINOR CHANGES. CASE NAME: TRANSITIONAL AND SUPPORTIVE HOUSING 8 CASE NO.: ZCA 11-07{A) ^ The City Council of the City of Carlsbad, California, does ordain as follows: 10 11 12 13 16 17 18 19 20 SECTION I: That Section 21.04.355.1 (Definitions, "Supportive Housing") is added to read as follows: 21.04.355.1 Supportive Housing "Supportive housing" means housing with no limit on length of stay that is occupied by the 14 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 the 15 housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses ofthe same type in the same zone. SECTION II: That Section 21.04.362 (Definitions, 'Transitional Housing") is added to read as follows: 21.04.362 Transitional Housing 'Transitional housing" means rental housing operated under program requirements that call 21 for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six 22 months. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. 24 SECTION III: That Table A of Section 21.08.020 (R-A Residential Agricultural 25 Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as 2^ follows: 27 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 Use P CUP Acc Supportive housing (defined: Section 21.04.355.1) X Transitional housing (defmed: Section 21.04.362) X SECTION IV: 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 (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X SECTION V: That Table A of Section 21.10.020 (R-l 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 (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X SECTION VI: 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 (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X SECTION Vll: 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 (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION Vlll: 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 Supportive housing (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X SECTION IX: 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 Supportive housing (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X SECTION X: That Table A of Section 21.22.010 (R-W Residential Waterway Zone, Permitted Uses) is amended by adding in alphabetical order the following uses to read as follows: Use P CUP Acc Supportive housing (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X SECTION XI: 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 (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X /// /// 1 SECTION XU: That Section 21.26.015 (Residential uses in the C-1 Zone) Is 2 amended by adding subsection D to read follows: 3 D. Residential uses shall include residential care facilities (serving six or fewer 4 persons), supportive housing and transitional housing. 5 SECTION XIII: That Section 21.28.015 (Residential uses in the C-2 Zone) is amended by adding subsection D to read as follows: 7 D. Residential uses shall include residential care facilities (serving six or fewer 8 persons), supportive housing and transitional housing. ^ SECTION XIV: That Section 21.31.065 (Residential uses in the C-L Zone) Is 10 amended by adding subsection D to read as follows: 11 D. Residential uses shall include residential care facilities (serving six or fewer ^2 persons), supportive housing and transitional housing. 13 14 15 16 17 18 19 20 21 22 SECTION XV: 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 Supportive housing (defined: Section 21.04.355.1) X Transitional housing (defined: Section 21.04.362) X 24 25 26 SECTION XVI: That Section 21.42.140 B. 125 is amended to read as follows: 125. Residential Care Facilities (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 23 occupancy, as defined. c. Facilities shall provide off-street parking as required in Chapter 21.44 of this title. d. Additional requirements and restrictions may be imposed as determined necessary by the decision-making authority to ensure facilities meet the findings stated in Section 21.42.030. These requirements and restrictions may include provisions regarding but not limited to the following items: 1. Hours of operation, such as for deliveries and other services 27 2. Noise 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 SECTION XVII: That Table A in Section 21.44.020 (Number of Off-street Parking Spaces Required) is amended by deleting "supportive housing (serving more than six persons)" and "transitional housing (serving more than six persons)" from the list of "Residential Uses." SECTION XVIII: 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 (Parking Space and Areas) of Section 21.44.050 A. is amended to read as follows: Subject Requirement Location of required parking For other residential uses or care facilities (e.g., housing for senior citizens, hospitals, and, when serving more than six persons, residential care facilities, etc.) Not more than 150 feet walking distance from the nearest point of the parking facility to the nearest point of the building that the parking facility is required to serve. SECTION XIX: That the findings of the Planning Commission in Planning Commission Resolution No. 7036 shall constitute the findings ofthe 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 ofthe ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of March 2014, and thereafter. /// /// /// -5- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2014, by the following vote, to wit: 3 4 5 6 7 ABSTAIN: 8 9 10 11 12 13 14 15 16 17 AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: I g BARBARA ENGLESON, City Clerk 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 ^ RESOLUTION NO. 2014-053^ 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING LOCAL COASTAL PROGRAM AMENDMENT TO TRANSITIONAL AND SUPPORTIVE HOUSING. 4 CASE NAME: TRANSITIONAL AND SUPPORTIVE HOUSING ^ CASE NO.: LCPA 11-08(A) g The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on February 19, 2014, hold a duly noticed public hearing as prescribed by law 7 8 9 to consider LCPA 11-08(A) as referenced in Planning Commission Resolution No.7036; and 11 WHEREAS, the Planning Commission adopted Planning Commission Resolution 12 No. 7036 and recommended to the City Council approval of LCPA 11-08(A); and WHEREAS, the City Council ofthe City of Carlsbad, on the 25th day of March 14 2014, held a duly noticed public hearing to consider said Local Coastal Program Amendment; 15 and 16 WHEREAS, at said public hearing, upon hearing and considering all testimony and 17 arguments, if any, of all persons desiring to be heard, the City Council considered all factors 19 relating to the Local Coastal Program Amendment. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of 21 Carlsbad as follows: 22 That the above recitations are true and correct. 23 2. That the recommendation of the Planning Commission for the approval 24 of LCPA 11-08(A) is adopted and approved, and that the findings of the Planning Commission contained in Planning Commission Resolution No. 7036 on file with the City Clerk and incorporated herein by reference are the findings ofthe City Council. 25 26 3. That the approval of LCPA 11-08(A) shall not become effective until it is 27 approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 28 " 1 4. This action is final the date this resolution is adopted by the City Council. 2 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, 'Time Limits for Judicial Review," shall apply: 11 12 13 16 17 18 19 20 21 "NOTICE TO APPLICANT" 5 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of 6 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 9 extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written 10 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. /// /// 14 /// 15 /// /// /// /// /// /// 22 /// 23 /// 24 25 26 27 28 -2- /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 25th day of March 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. ATTEST: U 4 BARBARA ENGLESON, Citytlerk it EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 7036 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE 3 AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO ORDINANCE CS-191 TO REMOVE TEXT THAT SPECIFIES THE NUMBER OF 4 PERSONS ALLOWED PER TRANSITIONAL AND SUPPORTIVE HOUSING UNIT; AMEND THE TRANSITIONAL AND SUPPORTIVE HOUSING 5 DEFINITIONS TO STATE THEY ARE RESIDENTIAL USES SUBJECT TO ONLY THOSE RESTRICTIONS THAT APPLY TO OTHER RESIDENTIAL USES OF THE ^ SAME TYPE IN THE SAME ZONE; AND MAKE OTHER RELATED, MINOR CHANGES. CASE NAME: TRANSITIONAL AND SUPPORTIVE HOUSING CASE NO: ZCA 11-07(A)/LCPA ll-08fA) g WHEREAS, the City Planner has prepared a proposed Zone Code Amendment pursuant 20 to Section 21.52.020 of the Carlsbad Municipal Code to: 11 Amend Zoning Ordinance chapters relating to definitions and to all zones that permit 12 residential uses to address transitional and supportive housing as specified in Program 3.15 of the 13 2005-2010 (extended through 2013) City of Carlsbad Housing Element; and 14 WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as 1^ provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the proposed Zone Code Amendment and Local Coastal Program Amendment are set forth in the draft City Council Ordinance, Exhibit "X" dated February 19, 2014, and attached hereto TRANSITIONAL AND SUPPORTIVE HOUSING - ZCA 11-07(A)/LCPA 11-08(A); and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the proposed amendment implements Government Code Section 65583(c), which requires cities to identify sites for and remove governmental constraints that may hamper transitional and supportive housing, and Housing Element Program 3.15, which identifies the need for Carlsbad to amend its Zoning Ordinance to permit such housing; and 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did on February 19, 2014, hold a duly noticed public hearing as prescribed by law to consider said request for a proposed Zone Code Amendment and Local Coastal Program Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment and Local Coastal Program Amendment. 1 2 3 4 5 6 7 g NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: g A) That the foregoing recitations are true and correct. IQ B) At the end of the state-mandated six-week review period for the Local Coastal Program Amendment, starting on January 6, 2014 and ending on February 14, 2014, staff shall 11 present to the City Council a summary of the comments received. 12 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of TRANSITIONAL AND SUPPORTIVE HOUSING - ZCA 11- 13 07(A)/LCPA 11-08(A), based on the following findings: 14 Findings: 1^ 1. That the proposed Zone Code Amendment ZCA 11-07(A) is consistent with the General Plan in that it implements: 16 a. Land Use Element Overall Land Use Pattern Objective B.3, which states Carlsbad is "to provide for the social and economic needs of the community in conjunction with ^g permitted land uses." b. Land Use Element Residential Goal A.1, which states Carlsbad is to provide "for a variety 29 of housing types and density ranges to meet the diverse economic and social requirements of residents..." 20 c. Housing Element Goal 3, which states "sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income 21 households and those with special needs, and a fair share proportion of future lower and moderate income households." 22 d. Housing Element Program 3.15, which specifically states the city will amend the Zoning Ordinance to address transitional and supportive housing. 23 By amending all residential zones and some commercial zones to permit transitional and 24 supportive housing subject to only those restrictions that apply to other residential uses of the same type in the same zone, ZCA 11-07(A) implements Government Code Section 65583 (c)(2); ^5 this section requires cities to remove governmental constraints to facilitate and encourage development of a variety of housing for all income levels, including transitional and supportive housing. 27 28 PC RESO NO. 7036 1 That the proposed ZCA reflects sound principles of good planning in that it: 2 a. Provides clear definitions for transitional and supportive housing; and 3 b. Amends the "permitted uses" table of each zone so it is clear that transitional and supportive housing are permitted in all residential zones. 4 4. That the proposed Local Coastal Program Amendment meets the requirements of, and is in 5 conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment ^ ensures consistency with the Carlsbad Zoning Ordinance, and does not conflict with any coastal zone regulations, land use designations or policies with which development must ^ comply. Furthermore, the proposed amendment does not otherwise exempt development g from the requirements of a Coastal Development Permit or from demonstrating consistency with the city's certified Local Coastal Program. 9 That the proposed amendment to the Carlsbad Local Coastal Program Is required to bring it into IQ consistency with the proposed Zone Code Amendment (ZCA 11-07(A)). 11 6. The Planning Commission has determined that: 12 a. The project is a subsequent activity of the 2005-2010 Housing Element (extended through 2.013), for which a Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was 13 previously adopted; The project is consistent with the 2005-2010 Housing Element (extended through 2013) 14 cited above; The project has no new significant environmental effect not analyzed as significant in the 1^ prior Mitigated Negative Declaration; and None of the circumstances requiring a Subsequent EIR, Mitigated Negative Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7036 -3- 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on February 19, 2014, by the following vote, to wit: 4 AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher, Scully, Segall and Siekmann NOES: ABSENT: ABSTAIN: 10 NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 11 12 ATTEST: DON NEU 1^ City Planner 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7036 -4- > ~) The City of Carlsbad Plannmg Division EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C AGENDA OF: February 19, 2014 Application complete date: N/A Project Planner: Pam Drew Project Engineer: N/A SUBJECT: ZCA 11-07(A)/LCPA 11-08(A) - TRANSITIONAL AND SUPPORTIVE HOUSING - Request for a determination that the amendments are within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03- 02) and a recommendation of approval for a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that specifies the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing definitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regarding transitional housing and supportive housing. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7036 RECOMMENDING APPROVAL of ZCA 11-07(A) and LCPA 11-08(A) based on the findings contained therein. II. BACKGROUND AND PROJECT DESCRIPTION In 2012 the City Council approved land use changes to Implement four Housing Element programs regarding Farmworker Housing, Emergency Shelters, Transitional and Supportive Housing, and Managed Living Units from the existing adopted 2005-2010 Housing Element (extended through 2013) through amendments to the Zoning Ordinance, Village Master Plan and Design Manual, and Local Coastal Program. Implementation of the programs is necessary to comply with state law. State law requires cities to facilitate and encourage development of a variety of housing for all income levels. On June 14, 2012, the Housing Commission voted 3-0-2 (Commissioners Bradwell and Kirk absent) to recommend approval of the four housing element programs ("project"). No members of the public spoke. On July 3, 2012, the Planning Commission voted 5-0-2 (Commissioners Nygaard and Scully absent) to recommend approval of the project. One speaker, a representative from Community Housing Works, gave public testimony, including information on transitional and supportive housing. On September 25, 2012, the City Council voted 4-0-1 (Council Member Kulchin absent) approving the project. On October 31, 2012, staff submitted the four Housing Element programs to the California Coastal Commission (CCC) for approval ofthe corresponding Local Coastal Program Amendments (LCPA). In August 2013, during the State Housing and Community Development Department's (HCD) review of the city's 2013-2021 Housing Element, it was brought to staffs attention that the city was not In ZCA 11-07(A)/LCPA 11-08(A) February 19, 2014 Page 2 TRANSITIONAL AND SUPPORTIVING HOUSING compliance with Senate Bill (SB) 2, adopted October 13, 2007, in regard to transitional and supportive housing. In order to comply with SB 2, the city must amend the transitional and supportive housing ordinance to remove the text that states the specific number of persons allowed per transitional and supportive housing unit (i.e., 6 or fewer and 7 or above) and revise the definitions as follows: "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 program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses ofthe same type in the same zone. "Supportive housing" means housing with no limit on length of stay that is occupied by the target population (as defined in state Health and Safety Code Section 50675.14 (b)(3) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing Is a residential use and is subject to only those restrictions that apply to other residential uses of the same type In the same zone. III. ANALYSIS A. General Plan The General Plan contains a framework of land use and housing goals, objectives, policies and programs. Provided below is a summary of how the proposed amendments comply with the relevant parts of this policy framework. See Table A below. TABLE A - SUMMARY OF PROPOSED AMENDMENTS ELEMENT STANDARD PROJECT COMPLY? Land Use "To provide for the social and economic needs of the community In conjunction with permitted land uses" (Land Use Element Overall Land Use Pattern Objective B.3). Proposed amendments provide housing to transition and move people into permanent, supportive, and Independent living situations. Yes Land Use "A City which provides for a variety of housing types and density ranges to meet the diverse economic and social requirements of residents..." (Land Use Element Residential - Goal A.l). Proposed amendments provide housing to transition and move people into permanent, supportive, and independent living situations. Transitional and supportive housing can take the form of a variety of housing types, including single-family and multi-family units. Yes ZCA 11-07(A)/LCPA 11-08(A) - TRANSITIONAL AND SUPPORTIVING HOUSING February 19, 2014 Page 3 TABLE A - SUMMARY OF PROPOSED AMENDMENTS ELEMENT STANDARD PROJECT COMPLY? Housing "Sufficient new, affordable housing opportunities in all quadrants ofthe city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households" (Housing Element Goal 3). Transitional and supportive housing would be permitted in all zones that allow residential uses. Overall, the amendments assist the city in meeting state objectives to provide a variety of housing for persons of all income levels and special housing needs. Yes Housing "The City will amend the Zoning Ordinance to address transitional and supportive housing" (Housing Element Program 3.15). The proposed amendment would revise the Zoning Ordinance to define and permit transitional and supportive housing in all zones that allow residential uses. Yes B. Local Coastal Program Amendment The policies of the Local Coastal Program emphasize topics such as preservation of scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed amendments to the Zoning Ordinance would be consistent with the policies of the Local Coastal Program, including the public access and recreation policies of Chapter 3 ofthe Coastal Act. The amendments only propose land use standards (no development), and do not change or conflict with Coastal Act requirements to protect water-oriented recreation or public views, maintain public access, and maintain biological resources. Furthermore, the amendments will not conflict with any coastal zone regulations, land use designations or policies with which development must comply. The proposed amendments do not exempt development from a Coastal Development Permit that is not OthenA/ise exempt. A Coastal Development Permit will still be required for applicable development and discretionary review would ensure that the proposed development is consistent with the policies of the Local Coastal Program. By processing this Local Coastal Program Amendment, consistency between the city's Zoning Ordinance and Local Coastal Program would be maintained. Given the above, regulations governing housing for transitional and supportive housing are consistent with the Local Coastal Program. C. Airport Land Use Compatibility Plan Transitional and supportive housing would be permitted in areas near McClellan-Palomar Airport. Accordingly, a compatibility analysis of these proposed uses with the airport's Land Use Compatibility Plan (ALUCP) is required. For example, where a use may be permitted by city zoning, it could be precluded by the ALUCP because of airport safety and noise considerations. Therefore, this analysis is necessary in part to ensure there are adequate sites available for these uses that are not incompatible with airport safety and noise restrictions. Transitional and supportive housing would be permitted in all zones that allow residential uses. In relation to the airport, these zones are mostly developed and are compatible with airport safety zones. Most residential areas of the city are also outside (below) the 60 dB exterior airport noise contour and ZCA 11-07(A)/LCPA 11-08(A) - TRANSITIONAL AND SUPPORTIVING HOUSING February 19, 2014 Page 4 therefore not subject to the noise provisions of the ALUCP. Limited exceptions occur In existing developments west of the airport and south of Palomar Airport Road. Here, exterior noise generated by airplanes must be attenuated to an acceptable indoor noise level; this can be accomplished typically through standard construction methods. Based on the above analysis, the project is compatible with the ALUCP. D. Growth Management The Growth Management Program, in accordance with Proposition E, establishes dwelling unit caps for each quadrant in the city. The city regularly tracks residential development to ensure these caps are not exceeded. The Zoning Ordinance defines "dwelling unit" as "one or more rooms in a dwelling or apartment house and designed for occupancy by one family for living or sleeping purposes, and having only one kitchen." The Zoning Ordinance defines "family" as, in part, "one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit..." Transitional and supportive housing would be considered dwelling units per Government Code Section 65583(a)(5), which states, "Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings ofthe same type in the same zone." All housing types, whether or not dwelling unit limitations apply, would need to comply with all other Growth Management standards, such as those requiring adequate sewer and water facilities. IV. ENVIRONMENTAL REVIEW The proposed code amendments are minor and involve no physical modifications and fall within the scope of a previously approved Mitigated Negative Declaration (MND - SCH #2006051076) reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the amendments that were not previously examined and evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 2005-2010 Housing Element (GPA 03-02), dated December 22, 2009. The MND for GPA 03-02 comprehensively evaluated the potential environmental effects of future housing facilitated by implementation of Housing Element programs, including transitional and supportive housing. The proposed amendments are consistent with and would have no effects beyond those analyzed In the MND. This project is within the scope of the MND for GPA 03-02 and no further CEQA compliance is required. The MND for GPA 03-02 is available at the Planning Division. ATTACHMENTS: 1. Planning Commission Resolution No. 7036 2. Strikeout/underline version of proposed Zoning Ordinance changes for Transitional and Supportive Housing (ZCA 11-07(A)/LCPA 11-08(A) - Transitional and Supportive Housing) ZCA11-07(A)/LCPA 11-08(A) TRANSITIONAL AND SUPPORTIVE HOUSING STRIKE-OUT/UNDERLINE AMENDIVIENTS TO CHAPTER 21.04 21.04.355.1 Section 21.04.355.1 (Definitions, "Supportive Housing") is proposed to be added as follows: 21.04.355.1 "Supportive housing" means housing with no limit on length of stay that is occupied by the target population (as defined in state Health and Safety Code Section 50675.14 (b)(3) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subiect to onlv those restrictions that apply to other residential uses ofthe same tvpe in the same zone. 21.04.362 Section 21.04.362 (Definitions, "Transitional Housing") is proposed to be added as follows: 21.04.362 "Transitional housing" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use and is subiect to only those restrictions that apply to other residential uses of the same type in the same zone. AMENDMENTS TO CHAPTER 21.08 21.08.020 Table A of Section 21.08.020 (R-A Residential Agricultural Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer porsons) (defmed: Section 21.04.355.1) X Transitional housing (son ing six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.09 21.09.020 Table A of Section 21.09.020 (R-E Rural Residential Estate Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.10 21.10.020 Table A of Section 21.10.020 (R-l One-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21 • 12 21.12.020 Table A of Section 21.12.020 (R-2 Two-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: 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 AMENDMENTS TO CHAPTER 21.16 21.16.020 Table A of Section 21.16.020 (R-3 Multiple-Family Residential Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (senang six or fewer persons) (defined: Section 21.04.355.1) X 2 21.12.M0(B)(125)) (defined: Section 21.01355.1) 2 Transitional housing (serving six or fewer persons) (defined: Section 21.04.362) X 3 1 ransiiionui nousing serving niuic itiuu pcmuiij; V^L^UUJN^W^ 2].42.H0(B)(125)) (defined: Section 21.01.362) 3 AMENDMENTS TO CHAPTER 21.18 21.18.020 Table B of Section 21.18.020 (R-P Residential Professional Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (sor\ ing moro than six persons) (subject to 21.42.1 /I0(B)( 125)) (defined: Section 21.01355.1) Transitional housing (scr\ing six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving more than six persons) (subject to 21.i2.H0(B)(125))^(defined: Section 2\.m-M^ AMENDMENTS TO CHAPTER 21.20 21.20.020 Table A of Section 21.20.010 (R-T Residential Tourist Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use 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 AMENDMENTS TO CHAPTER 21.22 21.22.020 Table A of Section 21.22.010 (R-W Residential Waterway Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (sor\^ing six or few^er persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fewer persons) (defined: Section 21.04362) X AMENDMENTS TO CHAPTER 21.24 21.24.020 Table A of Section 21.24.010 (RD-M Residential Density-Mulfiple Zone, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Supportive housing (serving more than six persons) (subject to 21.42.110(B)(125)) (defined: Secfion 21.01355.1) Transifional housing (serving six or fewer persons) (defined: Section 21.04.362) X Transitional housing (serving moro than six persons) (subject to 21.12.H0(B)(125)) (defined: Section 21.01362) AMENDMENTS TO CHAPTER 21.26 21.26.015 Secfion 21.26.015 (Residential uses in the C-1 Zone) is proposed to be amended by adding subsecfion D as follows: D. Residential uses shall include residential care facilifies (serving six or fewer persons), supportive housing, and transitional housing?^ each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.28 21.28.015 Section 21.28.015 (Residential uses in the C-2 Zone) is proposed to be amended by adding subsection D as follows: D. Residential uses shall include residenfial care facilifies (serving six or fewer persons),^ supportive housing, and transitional housing;, each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.31 21.31.065 Section 21.31.065 (Residential uses in the C-L Zone) is proposed to be amended by adding subsecfion D as follows: D. Residential uses shall include residenfial care facilifies (serving six or fewer persons),^ supportive housing, and transitional housing?^ each serving six or fewer persons. AMENDMENTS TO CHAPTER 21.37 21.37.020 Table A of Secfion 21.37.020 (RMHP Residenfial Mobile Home Park, Permitted Uses) is proposed to be amended by adding in alphabetical order the following uses: Use P CUP Acc Supportive housing (serving six or fewer persons) (defined: Section 21.04.355.1) X Transitional housing (serving six or fowor persons) (defined: Section 21.04.362) X AMENDMENTS TO CHAPTER 21.42 21.42.140 Section 21.42.140 B. 125 is proposed to be amended as follows: 125. Residenfial Care Facilifies^ Supportive Housing, and Transitional Housing (aU-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 Califomia Code of Regulafions (Tifie 24) for occupancy, as defined. c. Facilities shall provide off-street parking as required in Chapter 21.44 of this title. d. Additional requirements and restrictions may be imposed as determined necessary by the decision-making authority to ensure facilifies meet the findings stated in Section 21.42.030. These requirements and restrictions may include provisions regarding but not limited to the following items: 1. Hours of operation, such as for deliveries and other services 2. Noise 3. Lighting 4. Location and screening of parking, service, and other outdoor areas 5. Security 6. Loitering AMENDMENTS TO CHAPTER 21.44 21.24.020 Table A in Section 21.44.020 (Number of Off-street Parking Spaces Required) is proposed to be amended by ad4m^deleting the following uses te-trom tho end ofthe list of "Residenfial Uses," as follows: USE NUMBER OF OFF-STREET PARKING SPACES Residenfial Uses Supportive Housing (serving more than six persons) Transitional Housing (serving more than six persons) spaces, plus 1 space/throe beds 2 spaces, plus 1 space/three beds The description "for other residential uses or care facilifies (e.g., housing for senior cifizens, hospitals, residential care facilifies, etc.)" found in Table B (Parking Space and Areas) of Secfion 21.44.020-050 A (Parking Spaco and Areas) _is proposed to be amended to read as follows: SUBJECT REQUIREMENT For other Not more than 150 feet walking distance from the residential uses or nearest point of the parking facility to the nearest care facilities point of the building that the parking facility is (e.g., housing for required to serve. senior citizens. hospitals, and. Location of required when serving Location of required more than six parking persons. residential care facilities, etc.-,. supportive housing, and transitional housing) „ EXHIBIT 5 Planning Commission Minutes February 19,2014 Page 2 1. ZCA 11-07fAyLCPA 11-08fA) - TRANSITIONAL AND SUPPORTIVE HOUSING - Request for a determination that the amendments are within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03- 02) and a recommendation of approval for a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that specifies the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing definitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regarding transitional housing and supportive housing. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Pam Drew would make the staff presentation. Ms. Drew gave a brief presentation and stated she would be available to answer any questions. Chairperson Black asked if there were any questions of staff. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Black opened and closed public testimony. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7036 recommending approval of ZCA 11-07(A) and LCPA 11-08(A) based on the findings contained therein. VOTE: 7-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Schumacher, Commissioner Scully, Commissioner Segall and Commission Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 2. 2. OVERVIEW OF TRANSPORTATION ISSUES - A presentation regarding Transportation issues in response to issues the commission has faced with various past agenda items as well as to provide some background that will be useful in the future review of the General Plan Mobility Element. Mr. Neu introduced Agenda Item 2 and stated Senior Engineer Doug Bilse would make the staff presentation assisted by Traffic Systems Operations Specialist Brian Wagner. Mr. Bilse and Mr. Wagner gave a detailed presentation and stated they would be available to answer any questions. The Commission had a discussion regarding the presentation including proposed roundabouts, bike lanes, and the efforts of synchronizing traffic lights in the city. Chairperson Black asked if there were any members of the audience who wished to speak on the item. Chairperson Black opened public testimony on Agenda Item 2. Diane Nygaard, 5020 NIghthawk Way, Oceanside, stated she hopes the updated Circulation Element will include an emphasis on reducing greenhouse gasses, an emphasis on fewer and smaller roads, and an emphasis on wildlife corridors. PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. ! am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 14*^ 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your mterest may be affected, that the City Council of the City of Carlsbad will hold a pubUc hearing at the Coundl Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, at 6:00 p.m. on Tuesday, March 25, 2014, to consider approval of a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that specifies the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing definitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regarding transitional housing and supportive housing.. Whereas, on February 19, 2014 the City of Carlsbad Planning Commission vot^d 7-0 to determine that the amendments are writhin the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and recommended approval of a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that specifies the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing definitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regarding transitional housing and supportive housing. Those persons wishing to speak on this proposal are cordiaUy invited to attend the pubUc hearing. Copies of the agenda bill wiU be avaUable on and after March 21, 2014. If you have any questions, please contact Pam Drew in the Planning Division at (760) 602-4644 or pam.drew@carlsbadca.gov. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the pubUc hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 11-07(A)/LCPA 11-08(A) CASE NAME: TRANSITIONAL AND SUPPORTIVE HOUSING PUBLISH: March 14, 2014. CITY OF CARLSBAD CITY COUNCIL Dated at Oceanside, California On This H^Ldavjyiarch 2014 Jane Allshouse NORTH COUNTY TIMES Legal Advertising The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to: The Coast News P.O. Box 232550 Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which newspaper has been adjudged a newspaper of general circulation for the cities of Carmel Valley, Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, Vista, San Marcos, Escondido and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a printed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 14,2014 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on this 14th of March 2014. mono/:. the Printer Space above for County Clerk's Filing Stamp CITYOFCARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad wiU hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, at 6:00 p.m. on Tuesday, March 25 2014, to consider approval of a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that specijes the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing deTnitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regard- ing transitional housing and supportive housing.. Whereas, on February 19, 2014 the City of Carlsbad Planning Commission voted 7-0 to determine that the amendments are within the scope of the Mitigated Negative Declaration previ- ously adopted for the 2005-2010 Housing Element (GPA 03-02) and recommended approval of a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that speciTes the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing deTnitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regard- ing transitional housing and supportive housing. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. Copies ofthe agenda bill will be available on and after March 21,2014. If you have any questions, please contact Pam Drew in the Planning Division at (760) 602- 4644 or pam.drew ©carlsbadca. gov. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing de- scribed in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Offce, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the pubhc hearing. » CASE RLE: ZCA 11-07(A)/LCPA 11-08(A) CASE NAME: TRANSmONAL AND SUPPORTIVE HOUSING PUBLISH: March 14,2014. CITYOFCARLSBAD CITY COUNCIL 03/14/14 CN 15977 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: Sf^S/ft^ SUBJECT: 7rcirsciibnjcxJL S^jyporks/e^ Hou^c^n^ LOCATION: lAoo Oijr^sttzck Vdio^t^ Dr^K/^ ^^lsbOj^ ^c^QQg DATE NOTICES MAILED TO PROPERTY OWNERS: 3>/fA^/[^ NUMBER MAILED: SG I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) ~f I (Date) [Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0^Union Tribune B^toth County Times C^Ci£^ f^^S PUBLICATION DATE: Union Tribune ^s/z^/t^ North Countv Timos 3//H^/(^ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments lJUO^-^l^Ae'AAAAM EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE GA 92040 j sp U!j,e 3jinq3ei| e| f zdyday BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 ap suas T i J3|dd f Sd|pe^ seusnbj:^! BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL #350B SACRAMENTO OA 958144801 CA COASTAL COMMISSION STE 103 7575 METROPOUTAN DR SAN DIEGO CA 92108 CA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 CHANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF FISH & GAME ENVSERV DIV POBOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST A ST SAN DIEGO CA 92101 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST„ STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 10600 455 GOLDEN GATE AVE SAN FRANCISCO CA 941027019 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ 401 BST SAN DIEGO CA 92101 SD COUNTY PUNNING & U\ND USE DEPT STE 310 5510 OVERLAND AVE SAN DIEGO CA 921231239 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWEAV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL17 SAN FRANCISCO CA 94103 US BUREAU OF lAHD MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECUUV CA 92590 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 GST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD POBOX 100 SACRAMENTO CA 95801 ®09is (S)AU3AV f wi^SpB dn-dO(j asodxa i o) aufi 6uo|e puaa ®091S ejeiduiai ^AjaAV esn UI03VUaAe'AAMM CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 j ap uj^e ajnq^eii et e zanday 4 K< cr WM 0 k>.l C1^./ ap suas T SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ®09iS ®AUaAV lueqee aj zasijj^r jajad f seipe^ sauanbij: ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OUVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITYOFOCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 VALLECITOS WATER DISTRia 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK a SAN DIEGO CA 92123-4340 l.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 BIA OF SAN DIEGO COUNTY STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER ®09iS ®AII3AV CITY OF CARLSBAD PROJECT PLANNER f Mua6p3 dn-doj asodxa I auii 6uoie puag jaded P^^i • MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 f ®091.S aieiaiuax @AjeAV asn NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, March 25, 2014, to consider approval of a zone code amendment and local coastal program amendment to ordinance CS-191 to remove text that specifies the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing definitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regarding transitional housing and supportive housing.. Whereas, on February 19, 2014 the City of Carlsbad Planning Commission voted 7-0 to determine that the amendments are within the scope of the Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and recommended approval of a zone code amendment and local coastal program amendment to ordinance CS- 191 to remove text that specifies the number of persons allowed per transitional and supportive housing unit; amend the transitional and supportive housing definitions to state they are residential uses subject to only those restrictions that apply to other residential uses of the same type in the same zone; make other related, minor changes regarding transitional housing and supportive housing. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after March 21, 2014. If you have any questions, please contact Pam Drew in the Planning Division at (760) 602-4644 or pam.drew(S).carlsbadca.gov. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 11-07(A)/LCPA 11-08(A) CASE NAME: TRANSITIONAL AND SUPPORTIVE HOUSING PUBLISH: March 14, 2014. CITY OF CARLSBAD CITY COUNCIL Transitional & Supportive Housing Pam Drew March 25, 2014 Background •2012 – Four Housing Element programs were approved by the City Council to comply with State Law (SB-2), which encourages development of a variety of housing for all income levels. Farmworker housing Emergency shelters Managed living units Transitional & Supportive housing Background Cont. •2013 – State Housing & Community Development reviewed city’s 2013-2021 Housing Element. Not in compliance with SB-2 Amend ordinance to remove the text that states the specific number of persons allowed per housing unit Revise the definitions Proposal •Revise the definitions to state that the housing units are residential uses and subject to only those restrictions that apply to other residential uses in the same zone. •Remove text that specifies the number of persons allowed per housing unit: 6 or fewer 7 or more Environmental Review •Minor text changes •Involves no physical modifications •Within scope of previously approved MND •No potentially significant impacts would occur •No further environmental review is required Recommendation •City Council introduce Ordinance No. CS- 249 and adopt Resolution No. 2014-053