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
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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.
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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
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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)