HomeMy WebLinkAbout2023-06-06; City Council; ; Adoption of Ordinance No. CS-448 – Alternative Housing and Housing for Persons Experiencing HomelessnessCA Review CKM
Meeting Date: June 6, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-448 – Alternative Housing and Housing for
Persons Experiencing Homelessness
District: All
Recommended Action
Adoption of Ordinance No. CS-448 approving an amendment to the Zoning Ordinance, Title 21
of the Carlsbad Municipal Code, to implement a portion of Objective g of Housing Element
Program 1.3 – Alternative Housing and Objective h of Housing Element Program 2.13 – Housing
for Persons Experiencing Homelessness.
Executive Summary
The City Council is being asked to adopt Ordinance No. CS-448 approving an amendment to the
Zoning Ordinance. Specifically, the Housing Element’s Program 1.3 – Alternative Housing and
Program 2.13 – Housing for Persons Experiencing Homelessness include objectives that require
the city to amend its Zoning Ordinance to increase and clarify allowances for special needs
housing such as emergency shelters, employee housing, residential care facilities, low barrier
navigation centers,1 and group and boarding homes.
The proposed amendments will bring the Zoning Ordinance in the Municipal Code and the Local
Coastal Program, the planning document for the Coastal Zone, into compliance with these
Housing Element requirements as well as with state law. Amending the Local Coastal Program
would enable the proposed Zoning Ordinance amendments to also apply in the state-defined
Coastal Zone. Because the Zoning Ordinance is part of the Local Coastal Program
Implementation Plan, an amendment to the Zoning Ordinance also constitutes an amendment
to the implementation plan.
Explanation & Analysis
Ordinance No. CS-448 was introduced and first read at the City Council meeting held on
May 23, 2023. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member
1 The state defines a low-barrier navigation center as a housing-first, low-barrier, service-enriched shelter focused
on moving people into permanent housing by providing temporary living facilities while case managers connect
individuals experiencing homelessness to income, public benefits, health services, shelter and housing.
June 6, 2023 Item #11 Page 1 of 10
Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-448. The second reading
allows the City Council to adopt the ordinance, which will become effective 30 days after its
adoption in areas outside the Coastal Zone. In areas inside the Coastal Zone, the ordinance will
become effective 30 days after its adoption or upon Coastal Commission approval of the local
coastal program amendment, LCPA 2023-0018, whichever occurs later.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
The City Clerk Services Manager will have the ordinance, or a summary of the ordinance,
published in a newspaper of general circulation within 15 days following adoption of the
ordinance.
Environmental Evaluation
In accordance with the California Environmental Quality Act and its implementing regulations,
Section 15168 of the CEQA Guidelines sets the criteria for use of a program environmental
impact report for later activities to determine if an additional environmental document must be
prepared. Section 15168 (c)(2) directs a program EIR to follow the specific process referenced in
CEQA Guidelines sections 15162 through 15164. These sections set forth the criteria for
determining the appropriate additional environmental documentation, if any, to be completed
when there is a previously adopted EIR covering the project for which a subsequent
discretionary action is required. Applying this criteria, the city planner has determined the EIR
for the General Plan and the Addendum to the General Plan EIR for the Housing Element
adequately analyze the potential environmental impacts of the Zoning Ordinance and Local
Coastal Program amendments and no subsequent or supplement environmental document is
required. Refer to Exhibit 2 for additional support of this determination.
Exhibits
1. Ordinance No. CS-448
2. May 23, 2023, staff report (on file in the Office of the City Clerk)
June 6, 2023 Item #11 Page 2 of 10
Exhibit 1
ORDINANCE NO. CS-448.
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 OBJECTIVE G OF
HOUSING ELEMENT PROGRAM 1.3 - ALTERNATIVE HOUSING AND OBJECTIVE
H OF HOUSING ELEMENT PROGRAM 2.13 - HOUSING FOR PERSONS
EXPERIENCING HOMELESSNESS
CASE NAME: ALTERNATIVE AND TEMPORARY HOUSING AMENDMENTS 2023
CASE NO: ZCA 2023-0002/LCPA 2023-0018 (DEV 2023-0040)
WHEREAS, the City Council adopted an update to the General Plan Housing Element on April 6,
2021; and
WHEREAS, on July 13, 2021, the State Department of Housing and Community Development
certified the city’s adopted Housing Element as consistent with state law; and
WHEREAS, the certified Housing Element contains programs, further broken down into objectives,
that identify specific actions the city must implement on an ongoing basis or by specific due dates; and
WHEREAS, to implement Housing Element program objectives 1.3 g., Alternative Housing and 2.13
h., Housing for Persons Experiencing Homelessness, 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, 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. 7476
recommending to the City Council that ZCA 2023-0002/LCPA 2023-0018 be approved; and
WHEREAS, on May 4, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone
Code Amendment is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan;
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
June 6, 2023 Item #11 Page 3 of 10
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. That the findings of the Planning Commission in Planning Commission Resolution No. 7476
shall also constitute the findings of the City Council.
3. 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 other 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.
June 6, 2023 Item #11 Page 4 of 10
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-M and 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 P CUP Acc
Group homes (serving six or fewer persons and requiring state licensing)
(defined: Section 21.04.163) X
Group homes (state licensing not required)
(defined: Section 21.04.163) X
Group homes (serving seven or more persons and requiring state
licensing) (defined: Section 21.04.163) 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.
Use P CUP Acc
Group homes (serving seven or more persons and requiring state
licensing) (defined: Section 21.04.163) X
7. The permitted use tables in each of the following sections for zones R-2, R-3, R-P, R-T, RD-
M and RMHP are amended by the addition of the following use listing:
June 6, 2023 Item #11 Page 5 of 10
I I
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 Acc
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 P CUP Acc
Residential care facilities (serving seven or more persons)
(defined: Section 21.04.300) X
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
June 6, 2023 Item #11 Page 6 of 10
I I I I
persons), and group homes that do not require state licensing including, but not 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 not 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 not 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.
June 6, 2023 Item #11 Page 7 of 10
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
Residential Uses
Group homes (that: 1.
do not require state
licensing, or 2. require
state licensing to
provide services to six
or fewer persons)
Two Spaces per unit, provided as
either:
*A Two-car garage (minimum interior 20 feet x 20 feet);
or
*Two Separate one-car garages (minimum interior 12
feet x 20 feet each)
Group homes (serving
seven or more persons
and requiring state
licensing)
The number of required parking spaces shall be
determined by the city planner and shall be based on
the operating characteristics of a specific proposal,
including, but not limited to, number of: 1. Employees,
2. Beds, and 3. Service deliveries
Residential care
facilities (serving six or
fewer persons)
Two spaces per unit, provided as either:
A two-car garage (minimum interior 20 feet x 20 feet);
or
Two separate one-car garages (minimum interior 12
feet x 20 feet each)
Residential care
facilities (serving seven
or more persons)
The number of required parking spaces shall be
determined by the city planner and shall be based on
the operating characteristics of a specific proposal,
including, but not limited to, number of, 1. Employees,
2. Beds, and 3. Service deliveries
June 6, 2023 Item #11 Page 8 of 10
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.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2023-0018, whichever occurs later; 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 23rd
day of May, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 6th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
�/{.��
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
� J_ SHERRY FREISINGER, City Clerk
1f'"'(SEAL)
June 6, 2023 Item #11 Page 9 of 10
Exhibit 2
May 23, 2023, staff report
(on file in the Office of the City Clerk)
June 6, 2023 Item #11 Page 10 of 10