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HomeMy WebLinkAbout2023-04-05; Planning Commission; Resolution 7476PLANNING COMMISSION RESOLUTION 7476 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO THE ZONING ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO IMPLEMENT A PORTION OF HOUSING ELEMENT PROGRAM 1.3 (G.) AND TO IMPLEMENT HOUSING ELEMENT PROGRAM 2.13 (H.). APPROVAL IS ALSO RECOMMENDED FOR A LOCAL COASTAL PROGRAM AMENDMENT TO IMPLEMENT THE ZONE CODE AMENDMENT IN THE COASTAL ZONE. CASE NAME: ALTERNATIVE AMENDMENTS 2023 AND TEMPORARY CASE NO: ZCA 2023-0002/LCPA 2023-0018 (DEV 2023-0040) HOUSING WHEREAS, the City Planner has prepared a proposed Zone Code Amendment and Local Coastal Program Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code; the purpose of the amendments is to ensure consistency of city requirements with state law; and WHEREAS, the City Planner has prepared the Local Coastal Program Amendment, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, as part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council adopted Resolution 2015-242, certifying Environmental Impact Report (EIR) 13-02 and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and WHEREAS, on April 6, 2021, the City Council approved the city's Housing Element by Resolution 2021-073, which included an Addendum to EIR 13-02 consistent with Section 15164 of the CEQA Guidelines to study impacts of the proposed Goals, Policies, Programs and Objectives of the Housing Element; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the Lead Agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, the City Planner has determined the proposed amendments when compared to the project description and analysis conducted in EIR 13-02 and the Addendum approved by Resolution 2021-073, complies with the provisions of sections 15168 and 15162 of the California Environmental Quality Act Guidelines and no further environmental review is required; and WHEREAS, the proposed amendments to the Zone Ordinance and Local Coastal Program are set forth in the draft City Council Ordinance, Attachment A, dated April 5, 2023, and attached hereto ALTERNATIVE AND TEMPORARY HOUSING AMENDMENTS 2023 -ZCA 2023-0002/LCPA 2023-0018; and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the Planning Commission did on the 5th day of April, 2023, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zoning Ordinance Amendment and Local Coastal Program Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) At the end of the state-mandated six-week review period for the Local Coastal Program Amendment, starting on March 24, 2023, and ending on May 5, 2023, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ZCA 2023-0002 & LCPA 2023-0018, based on the following findings: Findings: 1. ZCA 2023-0002/LCPA 2023-0018 reflect sound principles of good planning in that the amendments to the Zoning Ordinance (Title 21) are intended to clarify regulations and procedures as well as establish consistency with California Government Code, particularly Title 7, Planning and Land Use, and within it, Article 10.6, Housing Elements. Staff has analyzed the -2- proposed amendments and finds they are internally consistent with the other provisions of the Zoning Ordinance not being amended and that the proposed amendments do not create any conflicts with the provisions of the General Plan or Local Coastal Program. In fact, the amendment directly implements programs of the General Plan Housing Element; this improves the accuracy, use and function of the Zoning Ordinance; and 2. ZCA 2023-0002/LCPA 2023-0018 is consistent with the General Plan in that the proposed amendments do not conflict with General Plan goals and policies and instead implement programs of the General Plan Housing Element; specifically, the amendments complete implementation of Program 1.3 {g.), which commits the city to review and revise as necessary requirements related to group homes, including residential care facilities, and implement Program 2.13 {h.), which commits the city to review and revise as necessary standards related to housing the homeless. Further, the amendments are consistent with Land Use and Community Design Element Goal 2-G.4, "Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility;" and Housing Element Goal 10-G.2, "sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower-and moderate-income households and those with special needs, and a fair share proportion of future lower-and moderate-income households." 3. LCPA 2023-0018 is required to ensure consistency between the Local Coastal Program and the Zoning Ordinance; and 4. LCPA 2023-0018 meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments do not modify the use or intensity of any land use designations and do not conflict with any Coastal Zone regulations, land use designations or policies with which development must comply. -3- PASSED, APPROVED, .AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on April 5, 2023, by the following vote, to wit: AYES : Commissioners Kamenjarin, Lafferty, Meenes, Merz, Sabellico, and Stine NAYES: ABSENT: ABSTAIN: PETER MERZ, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: [,0_~ ERIC LARDY City Planner -4- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO IMPLEMENT A PORTION OF HOUSING ELEMENT PROGRAM 1.3 (G .) AND IMPLEMENT HOUSING ELEMENT PROGRAM 2.13 (H.); AND APPROVING AN AMENDMENT TO THE LOCAL COASTAL PROGRAM. CASE NAME: ALTERNATIVE AND TEMPORARY HOUSING AMENDMENTS 2023 CASE NO: ZCA 2023-0002/LCPA 2023-0018 (DEV 2023-0040) Attachment A WHEREAS the City Planner has prepared amendments to the Zoning Ordinance (Title 21 of the Carlsbad Municipal Code) and to the Local Coastal Program (ZCA 2023-0002/LCPA 2023°0018) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS the Carlsbad Municipal Code Title 21 (Zoning Ordinance) is part of the Carlsbad Local Coastal Program Implementation Plan, and therefore, amendments to Title 21 also constitute amendments to the Local Coastal Program; and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began March 24, 2023, and ended on May 6, 2023; and WHEREAS, on May 4, 2023, the Airport Land Use Commission reviewed and found that the proposed amendments are consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, on April 5, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2023-0002/LCPA 2023-0018; and WHEREAS the Planning Commission adopted Planning Commission Resolution No. [number] recommending to the City Council that ZCA 2023-0002/LCPA 2023-0018 be approved; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2023-0002/LCPA 2023-0018; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to ZCA 2023-0002/LCPA 2023-0018; and NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. 3. ,That the findings of the Planning Commission in Planning Commission Resolution No. XXXX shall also constitute the findings of the City Council. That Chapter 21.04 "Definitions" Sections 21.04.055 and 21.04.140.5 of the Carlsbad Municipal Code is amended as shown below: 21.04.055 Boardinghouse. "Boardinghouse" means a building with more than four guest rooms where lodging and meals are provided for compensation but does not include rest homes, bed and breakfast uses, employee housing, convalescent homes, or group homes. 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. An Emergency Shelter can also be inclusive of the interim interventions of navigation center, bridge housing, and respite or recuperative care {defined in Government Code 65583 {a){4){C), as of January 1, 2023) and as a Low Barrier Navigation Center defined in CMC 21.04.264. 4. That Chapter 21 .04 "Definitions" Sections 21.04.163 and 21.04.264 of the Carlsbad Municipal Code is added to read as follows: 21.04.163 Group Homes. "Group .homes" means housing being used as a supportive living environment shared and used by persons who are considered handicapped under state or federal law. Group Homes may serve children, the elderly or chronically ill, mentally disabled individuals, or adults recovering from or being treated for alcohol or drug addiction. A group home operated by a single operator or service provider {whether licensed or unlicensed) can include residential care facilities, supportive housing, transitional housing and othe'r similar communal housing facilities but does not include boardinghouses. A group home that does not require state licensing or does require state licensing but serves six or fewer persons, 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. 21.04.264 Low Barrier Navigation Center. "Low Barrier Navigation Center" means any housing first shelter focused on moving people into permanent housing that provides temporary living facilities as outlined in Government Code 65660 as of January 1, 2023. 5. The permitted use tables in each of the following sections for zones R-A, R-E, R-1, R-2, R-3, R-P, R-T, R-W, RD-Mand RMHP is amended by the addition of the following use listing: 21.08.020 Permitted uses, Table A. 21.09.020 Permitted uses, Table A. 21.10.020 Permitted uses, Table A. 21.12.020 Permitted uses, Table A. 21.16.020 Permitted uses, Table A. 21.18.020 Permitted uses when the R-P Zone implements the "RMH" or "RH" General Plan Land Use Designations, Table B. 21.20.010 Permitted uses, Table A. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. 21.37.020 Permitted uses, Table A. Use Group homes (serving six or fewer persons and requiring state licensing) (defined: Section 21.04.163) Group homes (state licensing not required) (defined: Section 21.04.163) Group homes (serving seven or more persons and requiring state licensing) (defined: Section 21.04.163) p CUP X X X 6. The permitted use tables in each of the following sections for zones C-1, C-2 and C-3 are amended by the addition of the following use listing: 21.26.010 Permitted uses, Table A. 21.28.010 Permitted uses, Table A. 21.31.010 Permitted uses, Table A. Ace Use p CUP Ace Group homes (serving seven or more persons and requiring state X licensing) (defined: Section 21.04.163) 7. The permitted use tables in each of the following sections for zones R-2, R-3, R-P, R-T, RO- M and RMHP are amended by the addition of the following use listing: Section 21.12.020 Permitted uses, Table A Section 21.16.020 Permitted uses, Table A Section 21.18.020 Permitted uses when the R-P Zone implements the "RMH" or "RH" General Plan Land Use Designations, Table B Section 21.20.020 Permitted uses, Table A Section 21.24.020 Permitted uses, Table A Section 21.37.020 Permitted uses, Table A Use p CUP Ace Low Barrier Navigation Center (defined: section 21.04.264) X 8. The permitted use tables in each of the following sections for zones R-A, R-E, R-1, R-2, R-3, R-P, R-T, R-W, RD-M and RMHP, are amended by the addition of the new use listing as shown below: 21.08.020 Permitted uses, Table A. 21.09.020 Permitted uses, Table A. 21.10.020 Permitted uses, Table A. 21.12.020 Permitted uses, Table A. 21.16.020 Permitted uses, Table A. 21.18.020 Permitted uses when the R-P Zone implements the "RMH" or "RH" General Plan Land Use Designations, Table B. 21.20.010 Permitted uses, Table A. 21.22.020 Permitted uses, Table A. 21.24.020 Permitted uses, Table A. 21.37.020 Permitted uses, Table A. Use Residential care facilities (serving seven or more persons) (defined: Section 21.04.300) p CUP X Ace 9. That Section 21.26.015 (Residential uses in the C-1 Neighborhood Commercial Zone) subsection D is amended to read follows: 21.26.015 Residential uses. - D. Residential uses shall include low barrier navigation centers, group homes serving six or fewer persons and require state licensing including, but not limited to, residential care facilities (serving six or fewer persons), and group homes that do not require state licensing including, but limited to, supportive housing and transitional housing. 10. That Section 21.28.015 {Residential uses in the C-2 General Commercial Zone) subsection D is amended to read follows: 21.28.015 Residential uses. D. Residential uses shall include low barrier navigation centers, group homes serving six or fewer persons and require state licensing including, but not limited to, residential care facilities {serving six or fewer persons), and group homes that do not require state licensing including, but limited to, supportive housing and transitional housing. 11. That Section 21.31.015 (Residential uses in the C-L Local Shopping Center Zone) subsection D is amended to read follows: 21.31.065 Residential uses. D. Residential uses shall include low barrier navigation centers, group homes serving six or fewer persons and require state licensing including, but not limited to, residential care facilities (serving six or fewer persons), and group homes that do not require state licensing including, but limited to, supportive housing and transitional housing. 12. That Section 21.42.140 (Development standards and special regulations for Minor Conditional Use Permits and Conditional Use Permits) is amended by the addition of the following development standards for group homes: Section 21.42.140 (71) Group Homes (providing services to seven or more persons and requiring state licensing) a. Facilities shall comply with all the rules, regulations and standards required by the State Department of Social Services. b. Facilities shall meet current California Code of Regulations {Title 24) for occupancy, as defined. c. Facilities shall provide off-street parking as required in Chapter 21.44 of this title. d. Additional requirements and restrictions may be imposed as determined necessary by the decision- making authority to ensure facilities meet the findings stated in Section 21.42.030. These requirements and restrictions may include provisions regarding but not limited to the following items: i. Hours of operation, such as for deliveries and other services; ii. Noise; iii. Lighting; iv. Location and screening of parking, service, and other outdoor areas; v. Security; and/or vi. Loitering. 13. Table A of Section 21.44.020 (Number of off-street parking spaces required) is amended by the following parking standards for the new use listing: Use Number of Off-Street Parking Spaces Group homes (that: 1. Two Spaces per unit, provided as do not require state either: licensing, or 2. require *A Two-car garage (minimum interior 20 feet x 20 feet); state licensing to or provide services to six *Two Separate one-car garages (minimum interior 12 or fewer persons) feet x 20 feet each) Group homes (serving The number of required parking spaces shall be determined by the city planner and shall be based on seven or more persons the operating characteristics of a specific proposal, and requiring state licensing) including, but not limited to, number of: 1. Employees, Residential Uses 2. Beds, and 3. Service deliveries Two spaces per unit, provided as either: Residential care A two-car garage (minimum interior 20 feet x 20 feet); facilities (serving six or or fewer persons) Two separate one-car garages (minimum interior 12 feet x 20 feet each) The number of required parking spaces shall be Residential care determined by the city planner and shall be based on facilities (serving seven the operating characteristics of a specific proposal, or more persons) including, but not limited to, number of, 1. Employees, 2. Beds, and 3. Service deliveries 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. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the day of 2023, and thereafter ----~ PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of--~ 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL)