HomeMy WebLinkAbout2014-04-08; City Council; 21561; Adoption Ordinance Transitional, Supportive Housing ZCA 11-07(A)CITY OF CARLSBAD - AGENDA BILL
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AB# 21.561 ADOPTION OF ORDINANCE REGARDING DEPT. DIRECTOF("C:^;^
MTG. 4/08/14 TRANSITIONAL AND SUPPORTIVE HOUSING CITY ATTORNEY
DEPT. Clerk ZCA 11-07(A) CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-249, approving a zone code amendment (ZCA 11-07(A)) 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; and make other
related; minor changes.
ITEM EXPLANATION;
Ordinance No. CS-249 was introduced and first read at the City Council meeting held on March 25, 2014.
The second reading allows the City Council to adopt the ordinance. Notwithstanding the above. Ordinance
No. CS-249 shall not be effective until certified by the California Coastal Commission. The City Clerk will
have the ordinance or a summary ofthe ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,548 on file in the Office ofthe City Clerk.
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 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.
EXHIBIT:
1. Ordinance No. CS-249.
DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Collins(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL AaiON: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
EXHIBIT 1
1 ORDINANCE NO. CS-249
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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
7 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:
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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
2^ 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
26 follows:
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Use P CUP Acc
Supportive housing (defined: Section 21.04.355.1) X
Transitional housing (defined: 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
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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
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1 SECTION XII: That Section 21.26.015 (Residential uses in the C-1 Zone) is
^ amended by adding subsection D to read follows:
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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:
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D. Residential uses shall include residential care facilities (serving six or fewer
8 persons), supportive housing and transitional housing. 9
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D. Residential uses shall include residential care facilities (serving six or fewer
^2 persons), supportive housing and transitional housing.
SECTION XIV: That Section 21.31.065 (Residential uses in the C-L Zone) is
amended by adding subsection D to read as follows:
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
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125. Residential Care Facilities (serving more than six persons):
21 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.
24 d. Additional requirements and restrictions may be imposed as determined
necessary by the decision-making authority to ensure facilities meet the findings stated in
2^ Section 21.42.030. These requirements and restrictions may include provisions regarding but
2^ not limited to the following items:
1. Hours of operation, such as for deliveries and other services
27 2. Noise
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SECTION XVI: That Section 21.42.140 B. 125 is amended to read as follows:
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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 of the ordinance or
a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of 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 ofthe Carlsbad City Council
on the 25th day of March 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 8**^ day of April, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Schumacher and Blackburn.
None.
None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
.x^BAfRBARA ENGLESON, City Clerk
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