HomeMy WebLinkAbout2003-04-16; Planning Commission; ; ZCA 02-04|LCPA 02-08 - HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENTl'he City of Carlsbad Planning Departm'--..
A REPORT T·O THE PLANNING COMMISSION
P.C. AGENDA OF: April 16, 2003
Item No.@
Application complete date: July 30, 2002
Project Planner: Jennifer Coon
Project Engineer: N/ A
SUBJECT: ZCA 02-04/LCPA 02-08 -HOUSING FOR SENIOR CITIZENS
ORDINANCE AMENDMENT -Request for a recommendation to the City
Council to adopt a Negative Declaration, and approve a Zone Code Amendment
and Local Coastal Program Amendment to amend the regulations for housing for
senior citizens to be consistent with State and Federal law, relocate said
regulations to a new chapter in the Zoning Ordinance, amend various sections of
the Zoning Ordinance to reference the new chapter number, amend the Planned
Developments regulations to specify what regulations are or are not applicable to
housing for senior citizens, amend the parking requirement for housing for senior
citizens and amend other various regulations relating to housing for senior
citizens for clarification and consistency.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5380, 5381 and
5382, RECOMMENDING ADOPTION of a Negative Declaration, and RECOMMENDING
APPROVAL of a Zone Code Amendment (ZCA 02-04) and Local Coastal Program
Amendment (LCPA 02-08), based on the findings contained therein.
Il. INTRODUCTION
On January 1, 2001 Senate Bill (SB) 2011 became effective, which amended Sections 51.2, 51.3
and 51.4 of the California Civil Code relating to senior citizen housing. Also, in 1995, an
amendment occurred in the Federal Fair Housing Act and Federal Code of Regulations. Staffis
proposing an amendment to the Zoning Ordinance to ensure the City's regulations for housing
for senior citizens are consistent with State and Federal law.
After reviewing the City's current senior housing regulations, staff identified the need for
additional amendments to the Zoning Ordinance other than the incorporation of regulations from
State and Federal laws. The additional amendments include the need to create a new chapter for
housing for senior citizens, amend the Planned Developments regulations and increase the
parking requirements for housing for senior citizens.
The Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP);
therefore an LCP amendment is necessary. However, no portion of the LCP land use plan
document is being amended.
0
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III. PROJECT DESCRIPTION AND BACKGROUND
Project Description
The project consists of a Zone Code Amendment and Local Coastal Program Amendment to
amend the housing for senior citizens regulations in the Zoning Ordinance. The project does not
involve any one particular property; it is an amendment to Zoning Ordinance regulations that
will effect future development of housing for senior citizens on a citywide basis. The project
involves the following:
A. Incorporate regulations relating to housing for senior citizens from the California Civil
Code, Federal Fair Housing Act and Federal Code of Regulations into the City's existing
senior housing regulations;
B. Relocate the senior housing regulations from Section 21.18.045 to a new chapter in the
Zoning Ordinance, which will be dedicated solely to housing for senior citizens;
C. Amend sections of the Zoning Ordinance to refer to the new housing for senior citizens
chapter;
D. Increase the resident parking requirement for housing for senior citizens from 1 resident
parking space per every 2 units to 1 resident parking space per every unit;
E. Increase the guest parking requirement for housing for senior citizens from 1 total guest
parking space to 1 guest parking space per every 5 units;
F. Amend existing senior housing regulations to consolidate the findings for a site
development plan;
G. Other minor amendments to existing regulations relating to housing for senior citizens to
provide clarification and consistency with other code provisions; and
H. Amend portions of the Planned Development regulations (Chapter 21.45) to specify what
regulations are or are not applicable to housing for senior citizens.
Background
The proposed Zone Code Amendment was initiated to ensure that the City's senior housing
regulations are consistent with State and Federal laws. Effective January 1, 2001, SB 2011
amended sections of the California Civil Code relating to housing for senior citizens, and in
1995, the Federal Fair Housing Act and Federal Code of Regulations were amended.
The amendments to the California Civil Code included various new or revised definitions, which
included a revised definition for "senior citizen housing development." The amendments also
included development requirements intended to ensure that housing is designed to meet the
physical and social needs of senior citizens.
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The amendment to the Federal Fair Housing Act and Federal Code of Regulations involved the
deletion of a requirement for "significant facilities and services" to meet the needs of senior
citizens in senior housing projects that permit persons 55 years of age or older.
The proposed amendment to the Zoning Ordinance incorporates the definitions and requirements
as specified in the California Civil Code, and the provisions from Federal law pertaining to
housing for senior citizens.
IV. ANALYSIS
A. Incorporation of California Civil Code and Federal law regulations relating
to housing for senior citizens.
The City's current senior housing regulations provide a mechanism and standards for the
development of housing for senior citizens. The regulations include definitions for what housing
for senior citizens means and definitions for occupants allowed to reside in housing for senior
citizens. Also the current regulations provide minimum development standards to ensure that the
needs of senior citizens are met.
There are approximately eight definitions from the Civil Code being added to the housing for
senior citizens regulations. The most· significant of these definitions is that of "senior citizen
housing development," which now requires a development, which permits persons 55 .years of
age or older, to have at least 35 dwelling units to be considered senior citizen housing.
In addition to the definition for "senior citizen housing development," other definitions being
added from the Civil Code primarily define who qualifies to occupy senior citizen housing (i.e.,
"qualified resident," "qualified permanent re~ident" and "permitted health care resident").
The City's current regulations include definitions from Federal law for housing for senior
citizens. Those definitions are remaining, and are being incorporated with the new definitions
from the Civil Code. As mentioned above, Federal law was amended to no longer require
"significant facilities and services" in housing projects that allow persons 55 years of age or
older. Staff is recommending the City's current definition of housing for senior citizens be
amended to reflect this change. However, staff recommends that rather than remove the
requirement all together, that the City "encourage" the provision of facilities and services to meet
the needs of senior citizens, but not require it. The standard has been moved from the definitions
to the development standards section of the Housing for Senior Citizens chapter. (See
Comparison Chart Ref. No. 13 and 25-Attachment 7.)
The format of the definitions has been modified not only to incorporate the definitions from State
and Federal law, but also to clarify that there are two different categories of housing for senior
citizens. One category is housing that is occupied solely by persons 62 years of age or older. In
this category, there is no provision in State or Federal law to allow anyone under 62 years of age,
with the exception of employees of the housing community, to occupy a unit.
The second category of housing for senior citizens is housing that is occupied by persons 55
years of age or older. In this category, State and Federal law have established provisions and
criteria to allow persons less that 55 years of age to occupy a unit. State law calls this type of
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housing a "senior citizen housing development," and requires that there be a minimum of 35
dwelling units. Federal law requires housing occupied by persons 55 years of age or older to
ensure that at least 80 percent of the occupied units are occupied by at least one person who is 55
years of age or older.
In addition to new and modified definitions, there are also approximately five new development
standards for project design from the Civil Code being added to the City's regulations. The
purpose of these requirements is to ensure that housing for senior citizens is designed to meet the
physical and social needs of senior citizens. These standards require walkways to be designed to
accommodate a wheelchair and be equipped with grab bars and sufficient lighting. Also, trash
collection areas must be provided in a manner that requires a minimum of physical exertion by
residents.
The City's current regulations require a development to comply with building codes and
handicap access requirements. However, the Civil Code has added an additional standard to
encourage the implementation of the principles of Universal Design in housing for senior
citizens. The principles of Universal Design were established by the Center for Universal
Design at the North Carolina State University. The Universal Design principles consist primarily
of designing housing to be "adaptable" for handicap occupancy.
An adaptable dwelling unit has all accessible features that a fixed accessible unit has but allows
some items to be omitted or concealed until needed so the dwelling unit can be better matched to
individual needs when occupied. Wide doors, no steps, knee spaces, control and switch
locations, grab bar reinforcing and other access features are built-in to an adaptable unit.
However, grab bars can be omitted and installed when needed, knee space can be concealed by a
removable base cabinet and counter tops and closet rods can be placed on adjustable supports
rather than fixed at lower heights. As the Civil Code encourages these design principles, the
City's regulations are proposed to be amended to also encourage these design principles but not
require them.
The Civil Code also requires housing for senior citizens to establish CC&Rs and other
documents or written policies that set forth the limitations on occupancy or use on the basis of
age. These requirements are also proposed to be added to the City's regulations. Requirements
for CC&Rs or other written policies would become conditions of approval of a housing for
senior citizens project.
A chart is attached (Attachment 7) that compares the existing senior housing regulations with
those being incorporated from the Civil Code and Federal law. The chart explains what is new,
what is being modified and why. See Comparison Chart (Attachment 7) Ref. No. 14, 27, 29, 30
and 65 for new definitions and standards.
B. Relocate the senior housing regulations from Section 21.18.045 to a new
chapter in the Zoning Ordinance.
While reviewing the City's current senior housing regulations to incorporate the changes in the
State and Federal law, staff identified a need to relocate the regulations from a section within the
R-P Zone chapter (Section 21.18.045) to a new chapter dedicated solely _to housing for senior
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citizens. Creating a new chapter for housing for senior citizens regulations will make the Zoning
Ordinance user-friendlier.
Housing for senior citizens is permitted in several residential zones, not just the R-P zone,
therefore, it is not obvious to look in the R-P zone regulations to find development regulations
for housing for senior citizens. The Zoning Ordinance currently has various separate chapters
that apply to one specific type of regulation, which is applicable in various zones (i.e., Child
Care, Parking, Signs, Adult Entertainment, etc.).
Therefore, staff is recommending the regulations for housing for senior citizens be relocated to a
new chapter: Chapter 21.84. A draft of the proposed chapter is attached (see pg. 8 of
Attachment 6).
C. Amend sections of Zoning Ordinance to refer to new housing for senior
citizens chapter.
By creating a new chapter for housing for senior citizens regulations· in the Zoning Ordinance,
several references to the section where the regulations are currently located will become
incorrect. Therefore, it is necessary to amend each reference to the existing section number and
replace it with a reference to the new chapter number (see Comparison Chart Ref No. 76 -
Attachment 7).
D. Increase the resident parking requirement for housing for senior citizens.
After reviewing the current parking requirements for housing for senior citizens, researching
other parking requirements of various city jurisdictions in San Diego County and California, and
reviewing census data on the average number of vehicles owned by senior citizens, staff is
recommending the parking requirements for housing for senior citizens be increased.
Currently, the Parking regulations in the Zoning Ordinance require housing for senior citizens to
provide one resident parking space per every two units. A space for a manager's unit and one
guest parking space are also required.
Staff is recommending to increase the required parking for residents to one covered space per
every unit. The guest-parking requirement is also proposed to be increased, which is discussed
in section "E" below. The manager's unit requirement would remain the same (except for a
requirement that the space be covered). Staff is recommending the resident and manager's
parking spaces be covered, which is consistent with the Planned Developments regulations.
Based upon the current parking requirement (1 space per every 2 units), the average number of
vehicles owned per senior citizen household would be .5. However, information obtained from
SANDAG generated from the 1990 Census (2000 data not yet available), for the Carlsbad/San
Dieguito subregional area, indicates that senior citizens (55 or older) living in multifamily
housing own an average of 1.1 vehicles per household. Senior citizens living in single-family
housing own an average of 1.8 vehicles per household. The following tables list the data
generated from the 1990 Census information.·
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0 Vehicles
1 Vehicle
2 Vehicles
3 Vehicles
4+ Vehicles
Total
Households
Average#
Vehicles per
Household
0 Vehicles
1 Vehicle
2 Vehicles
3 Vehicles
4+ Vehicles
Total
Households
Average#
Vehicles per
Household
TABLE 1
MULTI-FAMILY/MOBILHOME
Householder Age
55-64
Households Percent
so 3.2%
810 52.3%
547 35.3%
125 8%
18 1.2%
1,550 100%
1.5
Householder Age
55-64
Households Percent
46 .9%
972 17.9%
2,944 54.3%
921 17%
538 9.9%
5,421 100%
2.2
Householder Age Householder Age
65-74 75 or Older
Households Percent Households Percent
211 10.4% 710 37.3%
1,307 64.2% 1,014 53.2%
463 22.7% 182 9.5%
56 2.7% 0 0%
0 0% 0 0%
2,037 100% 1,906 100%
1.2 0.7
TABLE2
SINGLE-FAMILY
Householder Age Householder Age
65-74 75 or Older
Households Percent Households Percent
77 1.4% 336 11.9%
2,272 40.9% 1,609 57%
2,589 46.6% 717 25.4%
506 9.2% 127 4.5%
107 1.9% 33 1.2%
5,551 100% 2,822 100%
1.7 1.3
Total
55 or Older
Households Percent
971 17.7%
3,131 57%
1,192 21.7%
181 3.3%
18 .3%
5,493 100%
!:.!
Total
55 or Older
Households Percent
459 3.3%
4,853 35.2%
6,250 45.3%
1,554 11.3%
678 4.9%
13,794 100%
.Y
The housing for senior citizens regulations apply more to multifamily housing than single-
family. Although the regulations state that the intent is to provide standards for "rental" or "for-
sale" units, the term "for-sale" applies to condominium units more so than single-family
detached. The intent of the regulations is to meet the special needs of senior citizens who have
chosen not to or are no longer able to live in a typical detached home. In addition, "housing for
senior citizens" is not permitted in the R-1 (One-Family Residential) Zone or the R-2 (Two-
Family Residential) Zone. "Housing for senior citizens" is permitted in the zones that allow
multifamily housing (R-3, R-P, R-T, R-W and RD-M).
The data in Table 2 (single-family) above do not represent the senior citizen population that
would typically live in the type of housing regulated by the housing for senior citizens
regulations. Rather, the data in Table 1 (multifamily) are more representative of the senior
citizens targeted by the regulations.
In addition to the census data, staff also researched the parking standards for senior housing
required by numerous city jurisdictions within California, including San Diego County. The
requirements vary from 1 space per every 4 units to 2 spaces per unit. Within San Diego County,
10 out of the 15 cities surveyed do not have special parking requirements for senior citizen
housing, and in those cases the standard residential parking requirement would apply (typically 2
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spaces/unit). The parking requirements of the other 5 cities surveyed in San Diego County are as
follows:
City
Solana Beach
San Diego
Poway
• National City
Imperial Beach
TABLE3
CITIES WITHIN SAN DIEGO COUNTY
SENIOR HOUSING PARKING REQUIREMENTS
Resident Parkinf Requirement
1 space per unit
1 space per unit
1.2 spaces per unit (includes guest parking in ratio)
Necessary parking determined on a project-by-project
Planned Development Permit
basis through a
2 spaces per unit, which may be reduced at the discretion of the Planning
Commission and City Council
In addition to cities within San Diego County, 13 cities outside San Diego County were
surveyed, and the senior housing parking requirements of those cities are as follows:
City
Dana Point
Duarte
Foster City
Irvine
Long Beach
Los Angeles
Manhattan Beach
Marina
San Dimas
San Mateo
Santa Monica
Seaside
Temecula
TABLE4
CITIES OUTSIDE SAN DIEGO COUNTY
SENIOR HOUSING PARKING REQUIREMENTS
Resident Parkine Requirement
1 space per unit
1 space per studio or I-bedroom unit; 2 spaces per 2-bedroom unit
.5 space per bedroom
Parking study required
1 space per each 2 bedrooms (low rent); or
1 space per each 1 bedroom (market rent)
1 space per every 2 units
1 space per every 2 units
.8 space per studio or I-bedroom unit and space provided onsite to provide a
minimum .2 space per unit should need arise ( equivalent to 1 space per unit)
2 spaces per unit
1 space per every 4 rental units; or 1 space per each for-sale unit
1 space per every 2 units; or
1 space per every 4 units if deed restricted for low/moderate income
1 space per unit
1 space per every 2 units
As indicated in Tables 3 and 4 above, the parking requirements for senior housing in other cities
are varied. There is not one predominant standard. The data obtained from the Census indicate
that an average of 1.1 vehicles are owned per senior citizen multifamily household in the
Carlsbad/San Dieguito area. To accommodate the average number of vehicles owned by senior
citizens (living in multifamily housing), staff is recommending the current City parking
requirement for housing for senior citizens be increased to 1 parking space per unit, rather than 1
space per 2 units.
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Staff is not recommending 1.1 spaces per unit, which would match the average exactly, because
the data from the Census indicate that more vehicles are owned per households between the ages
of 55 to 64, which is a relatively young age group and many of these households likely contain
driving age teenagers or young adults who live at home while still in high school or college.
Persons below the age of 62 are not permitted to live in housing restricted solely to persons 62
years of age or older, and persons below the age of 55 are not permitted to live in a "senior
citizen housing development," unless they are a spouse (age 45 or older) or a disabled
child/grandchild of a senior citizen. Therefore, the average number of vehicles owned per
households in the age groups of 65-74 and 75 or older, which is .95 vehicles per household,
would more likely be representative of the senior population living in housing regulated by the
housing for senior citizens regulations.
Staff considered that there might be instances when a senior citizen household owns more than 1
vehicle per unit. However, there will also be instances when a senior citizen household owns no
vehicle. Therefore, by basing the required parking on the average number of vehicles owned per
senior citizen household, there should be adequate parking available to accommodate everyone.
It is important to consider that there is some rationale behind requiring a lower standard of
parking for housing for senior citizens than for non-senior housing. fu an effort to encourage the
development of housing for senior citizens, and other housing for special needs groups (i.e., low
income), some jurisdictions offer reduced development standards, such as lower parking
requirements. fu addition, statistics indicate that senior citizens, especially those in older age
groups, own fewer vehicles. Therefore, as indicated in the Tables 3 and 4 above, many
jurisdictions require parking as low as 1 space for every 4 units.
Staff recognizes the need to encourage the development of housing for senior citizens. However,
it is still imperative to require standards that meet the needs of senior citizens, which includes
adequate area to park their vehicles. By requiring a parking standard that would provide parking
for the average number of vehicles owned by senior citizen households, it is more likely the
parking needs for senior citizens will be met. However, a site development plan for affordable
housing and/or the City's Density Bonus regulations provide an opportunity to allow less
restrictive development stand,ards than specified by the Zoning Ordinance. A senior housing
project requesting a density bonus, and/or proposing affordable housing, may be granted
modifications to development standards, like parking. Therefore, if an applicant proposing
housing for senior citizens can justify that fewer parking spaces will adequately meet the needs
of the project, the City has the ability to approve the project through the density bonus provisions
or through a site development plan for affordable housing, without the need to grant a variance.
E. Increase the guest-parking requirement for housing for senior citizens.
Currently, the City's parking standards require a total of 1 guest parking space for housing for
senior citizens. Staff is recommending the guest parking requirement be increased to 1 space for
every 5 units, which is approximately 35% less than the visitor parking required for non-senior
housing projects (1 space per 2 units for the 1st 10 units and I space per 4 units above 10).
As discussed above, staff surveyed the senior housing parking requirements of other city
jurisdictions. Out of the 18 cities that have specific parking requirements for senior housing, 6 of
those jurisdictions have a requirement for guest parking in addition to resident parking, as
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G. Other minor amendments to existing regulations relating to housing for
senior citizens to provide clarification and consistency with other code
provisions.
Other portions of the existing regulations relating to housing for senior citizens are also proposed
to be amended in order to provide further clarification and consistency with other sections of the
Zoning Ordinance (i.e., density bonus requirements in Chapter 21.86). The proposed
amendments are summarized in the following table:
TABLE6
PROPOSED MINOR AMENDMENTS
TO HOUSING FOR SENIOR CITIZENS REGULATIONS
# Proposed Amendment
1 The current regulations are referred to as "senior citizen housing" regulations. However,
with the incorporation of the new State definition of "senior citizen housing development,"
and the need to clearly define the difference between the two different categories of senior
housing (i.e., solely 62 and over, or 55 and over with provisions for persons less than 55),
staff recommends using the term "housing for senior citizens" to refer to the regulations,
which apply to both categories of housing for senior citizens. Therefore, staff proposes to
modify the terminolo2v where the current re~lations use the term "senior citizen housin2."
2 The current regulations require housing for senior citizens to be located within ''two to three
blocks" of transit service. However, it is not clear what the distance of a "block" is. Rather
than specifying an exact distance, staff is recommending a project be required to be located
within a "reasonable walking distance" of transit service. If an exact distance were
specified (i.e., ¼ mile), a project would not be permitted if it were slightly outside the
required distance. The proposed requirement (''reasonable walking distance") will allow the
decision-making authority to have discretion in determining what is "reasonable," and allow
some flexibility in locating senior housing projects. (See Comparison Chart Ref. No. 7 -
Attachment 7.)
3 The current definition of "housing for senior citizens" includes housing "provided under
any state or federal program that the Secretary of Housing and Urban Development
determines is specifically designed and operated to assist elderly persons as defined in the
state or federal program." This is a Federal Fair Housing Act definition for senior housing.
Staff recommends changing the term "elderly persons" to "senior citizens" to be consistent
with terminology used throughout the housing for senior citizens chapter. (See Comparison
Chart Ref. No. 11 -Attachment 7.)
4 The common area regulations for housing for senior citizens currently allow the size of a
common room to be reduced if adjacent to outdoor space. Staff is recommending this
provision be deleted. Due to physical limitations or personal preferences, some seniors may
derive more use and enjoyment from an indoor common room . than they would from
outdoor open space. In addition, outdoor space is not useable during inclement weather.
Therefore, the size of the required indoor common room should not be compromised in
exchange for outdoor space. (See Comparison Chart Ref. No. 24 -Attachment 7.)
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TABLE 6, Continued
5 A manager's unit is currently "recommended" to be included in senior housing projects.
However, State Housing Law Regulations require a manager to reside upon the premises of
every apartment development that has 16 or more units. Therefore, the housing for senior
citizens regulations are proposed to be amended to require (rather than "recommend") a
manager's unit in every project of 16 or more units. (See Comparison Chart Ref. No. 26 -
Attachment 7.)
6 The current regulations list the conditions required to grant a density bonus. However,
Chapter 21.86 (Density Bonus) sets forth the requirements for granting a density bonus.
The requirements are duplicated by stating them in the housing for senior citizens
regulations. Stating the requirements in two chapters of the code opens up the possibility
for inconsistencies if the requirements are amended. Therefore, staff recommends the
requirements to grant a density bonus be deleted from the housing for senior citizens
regulations and replaced with a regulation that states a density bonus may be granted if the
project complies with the requirements of Chapter 21.86. (See Comparison Chart Ref. No.
30, 31 and 32 -Attachment 7.)
7 The current regulations state that any project constructed pursuant to the senior housing
regulations and/or requesting a density bonus, shall comply with the inclusionary housing
requirements for residential projects, and shall set aside a minimum 15% of the units to be
affordable to lower income households. Staff recommends removing the reference to a
request for a density bonus from the requirement for compliance with the inclusionary
housing standards.
Any residential project must comply with the inclusionary housing requirements. If a
project requests a density bonus, the percentage of required affordable housing may differ
from the minimum 15% in the inclusionary housing chapter. The regulations already state
that a project must comply with the density bonus chapter if a density bonus is requested.
Also, staff recommends referring to the inclusionary housing chapter for the percentage
requirement, rather than specifying it in the housing for senior citizens chapter. This will
avoid possible inconsistencies if the inclusionary housing percentage is ever amended. (See
Comparison Chart Ref. No. 34 -Attachment 7.)
8 Currently, the housing for senior citizens regulations state that a preliminary review
application shall be submitted prior to a formal application. A preliminary review
application is not typically required prior to submittal of an SOP application, but is
recommended. However, Chapter 21.86 (Density Bonus) requires a preliminary application
prior to submittal of a formal application for a project requesting a density bonus.
Therefore, staff is recommending the housing for senior citizens requirements be amended
to specify that a preliminary review application may be submitted prior to a formal
application, but shall be submitted if the project includes a request for a density bonus. (See
Comparison Chart Ref. No. 36-Attachment 7.)
9 The housing for senior citizens regulations currently require "building elevations" be
submitted with a preliminary review application. However, to be consistent with the City's
preliminary review application submittal requirements, "building elevations" are
recommended to be removed from the list of preliminary review submittal requirements.
(See Comparison Chart Ref. No. 39 -Attachment 7 .)
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TABLE 6, Continued
10 The housing for senior citizens regulations currently state that "within thirty days" of
submittal of a preliminary review application, the planning department shall provide a letter
to the applicant identifying project issues. Although staffs policy is to provide written
response within 30 days after a preliminary review application is submitted, it is not a policy
adopted by ordinance (law). Staff makes every attempt to complete review of a ·preliminary
application within 30 days, however, workloads vary and some projects may require a little
more review time due to complexity. Therefore, staff recommends the requirement to
complete review of a preliminary application within 30 days be removed. (See Comparison
Chart Ref. No. 41-Attachment 7.)
11 Staff recommends adding an item to the list of application submittal requirements that
states, "any additional information required as per the City's application submittal
requirements." This will ensure applicants are aware that there may be additional submittal
requirements other than those listed in the housing for senior citizens regulations. (See
Comparison Chart Ref. No. 52-Attachment 7.)
12 The current regulations state that if an application involves a request for financial
incentives, any action by the Planning Commission shall be advisory, and the City Council
shall have the final decision-making authority. However, the Housing Commission has the
authority to review and make recommendations to the City Council on requests for financial
incentives. Therefore, staff recommends an amendment to clarify if a project involves a
request for financial incentives, any decision shall be made by the City Council upon
recommendation from the Housing Commission. Also, if the project involves a request for
financial incentives, the City Council shall have authority to make the final decision on the
SOP and other related development applications, after consideration of a recommendation
from the Planning Commission. (See Comparison Chart Ref. No. 42 -Attachment 7.)
13 The current regulations require an applicant who is requesting a modification of
development standards or other incentives (associated with a density bonus) to submit a
project proforma demonstrating the standards modification or other incentive is necessary
to make the project economically feasible. Staff is recommending this requirement be
deleted. Pursuant to Chapter 21.86 (Density Bonus), an applicant is not required to
demonstrate that a density bonus is necessary to make a project economically feasible.
Chapter 21.86 states that a density bonus shall be granted if an applicant agrees to restrict a
minimum number of units for seniors or as affordable to low income households. (See
Comparison Chart Ref. No. 53 -Attachment 7.)
14 The current regulations require each project to submit an annual report listing all tenants and
their ages to the Housing and Redevelopment Department (HRD). However, HRD is not
responsible for reviewing or issuing any permit for housing for senior citizens, except in the
case of affordable units or if the project is in the redevelopment area. Therefore, staff is
recommending the annual report be required to be submitted to the Planning Director. (See
Comparison Chart Ref. No. 63 -Attachment 7.)
15 The definition of a "qualifying resident" in the Density Bonus chapter (Section 21.86.020)
of the Zoning Ordinance is recommended to be amended to refer to the definition contained
in the new housing for senior citizens chapter. (See Comparison Chart Ref. No. 75 -
Attachment 7.)
ZCA 02-04/LCPA 02-08 -.l·-JUSINO FOR SENIOR CITIZENS ORL ◄ANCE AMENDMENT
Aprill6,2003
Pa e 13
H. Amend the Planned Developments regulations (Chapter 21.45) to specify what
regulations are or are not applicable to housing for senior citizens.
The Planned Developments regulations apply to single-family developments with lots or
exclusive use areas of less than 7,500 square feet and condominiums. However, based on the
current intent and purpose statement in the housing for senior citizens regulations, which states
the regulations apply to ''rental" and "for-sale" units, staff has made the interpretation that "for-
sale" housing for senior citizens (i.e., condominiums) is not subject to the Planned Development
regulations.
• This interpretation was made in consideration of conflicts between the planned developments
regulations and the housing for senior citizens regulations. Some of the development standards
required for planned developments either conflicted with the housing for senior citizens
regulations or did not make sense to require of a senior housing project. For instance, a planned
development is required to provide 200 square feet of community recreational space (passive and
active) per unit. In contrast, the common area required by the housing for senior citizens
regulations is much less and is focused on the needs of senior citizens. Therefore, staff made the
interpretation that the planned development regulations were not intended to apply to housing for
senior citizens.
However, the majority of the development standards required for planned developments would
also be desirable for housing for senior citizens. For instance, a planned development is required
to implement the City's Liveable Neighborhood Policy, which is intended to establish
pedestrian-friendly neighborhoods and buildings designed to add interest and character to a
neighborhood. There are only a relatively few development standards required for planned
developments that should not apply to for-sale housing for senior citizens. Therefore, staff is
recommending that the Planned Developments chapter be amended to specify what standards are
or are not applicable to housing for senior citizens. Note: the planned development regulations
do not apply to apartment developments therefore; they would not apply to "rental" housing for
senior citizens.
The proposed amendments to the Planned Developments regulations are summarized in the table
below:
#
1
2
TABLE 7
PROPOSED AMENDMENTS TO
PLANNED DEVELOPMENTS REGULATIONS
Proposed Amendment
A definition of "housing for senior citizens" is proposed to be added to the Planned
Developments (PD) chapter. Because the definition of "housing for senior citizens" is very
long, and somewhat complicated, staff recommends referencing the definition in the housing
for senior citizens chapter, rather than adding the entire definition in the PD chapter. The
term "housing for senior citizens" will be referred to several times throughout the PD
chapter, and a definition will clarify its meaning. (See Comparison Chart Ref. No. 67 -
Attachment 7.)
The PD chapter contains a table that lists the residential zones where planned developments
are permitted. The table is proposed to be amended to clarify that housing for senior citizens
is not permitted in the R-1 or R-2 zones. (See Comparison Chart Ref. No. 68 -Attachment
7.)
ZCA 02-04/LCPA 02-08 -h""'uSING FOR SENIOR CITIZENS ORD ..... ANCE AMENDMENT
April 16, 2003
Page 14
TABLE 7. Continued
3 The housing for senior citizens parking requirement is proposed to be added to the "General
Development Standards" and "Multiple Dwelling Development Standards" tables in the PD
chapter. (See Comparison Chart Ref. No. 69, 73 and 74-Attachment 7.)
4 A note is proposed to be added to the "General Development Standards" table to clarify that
the "community recreational space," "recreation area parking," and "recreation vehicle
storage" requirements are not applicable to housing for senior citizens. (See Comparison
Chart Ref. No. 70, 71 and 72-Attachment 7.)
All other requirements for planned developments would apply to "for-sale" housing for senior
citizens.
I. General Plan, Zoning Ordinance, Local Coastal Program consistency
The proposed Zone Code Amendment and Local Coastal Program Amendment will not result in
any inconsistencies with the policies of the General Plan, or the provisions of the Zoning
Ordinance and Local Coastal Program.
The Housing Element of the General Plan identifies senior citizens as a population group with
special housing needs and specifies an objective to "provide additional senior housing for seniors
of different income groups and physical and mental status." The Housing Element also specifies
a program "to implement the Senior Citizen Housing regulations ... ," and to "encourage the
provision of a wide-variety of senior housing opportunities, especially for lower-income seniors
with special needs." The proposed amendments to the housing for senior citizens regulations are
consistent with the Housing Element goals, objectives and programs and all other policies of the
General Plan.
With regard to consistency with the Zoning Ordinance, the proposed amendment to the housing
for senior citizens regulations will not create any conflicts with other provisions of the Zoning
Ordinance. The proposed amendment will correct existing inconsistencies and ensure that new
inconsistencies do not occur.
With regard to consistency with the Local Coastal Program, as mentioned earlier in this report,
the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The
LCP amendment is necessary to ensure consistency between the LCP and Zoning Ordinance.
The propo~ed amendment will not result in any conflict with the provisions of the LCP.
v. ENVIRONMENTAL REVIEW
The initial study (EIA Part II) prepared for this project did not identify any potentially significant
impacts on the environment. A Negative Declaration has been prepared and is being
recommended for adoption as part of the approval of the proposed Zone Code Amendment and
Local Coastal Program Amendment.
A Notice of Intent to Adopt the recommended Negative Declaration was posted in the
newspaper, and was mailed to the California Coastal Commission and State Clearinghouse for
circulation. No comments were received prior to the preparation of this report.
ZCA 02-04/LCPA 02-08-.1..JUSING FOR SENIOR CITIZENS ORL __ ◄ANCE AMENDMENT
April 16, 2003
Pae 15
ATTACHMENTS:
1. Planning Commission Resolution No. 5380 (Negative Declaration)
2. Planning Commission Resolution No. 5381 (ZCA)
3. Planning Commission Resolution No. 5382 (LCPA)
4. Background Data Sheet
5. Local Facilities Impact Assessment Form
6. Strike-out and underline version of proposed Zoning Ordinance text amendments, including
new Zoning Ordinance Chapter 21.84 Housing for Senior Citizens
7. Comparison chart between current regulations and proposed regulations
JC:sn:mh
ATTACHMENT 4
BACKGROUND DATA SHEET
CASE NO: ZCA 02-04 I LCPA 02-08
CASE NAME: HOUSING FOR SENIOR CITIZENS ORIDINANCE AMENDMENT
APPLICANT: CITY OF CARLSBAD
REQUEST AND LOCATION: Zone Code Amendment and Local Coastal Program Amendment to
amend the regulations for housing for senior citizens to be consistent with State and Federal law, relocate
said regulations to a new chapter in the Zoning Ordinance, amend various sections of the Zoning
Ordinance to reference the new chapter number, amend the Planned Developments regulations to specify
what regulations are or are not applicable to housing for senior citizens, amend the parking requirement
for housing for senior citizens and amend other various regulations relating to housing for senior citizens
for clarification and consistency. The project does not involve development of any property, it is an
amendment to Zoning Ordinance regulations that will effect future development of housing for senior
citizens on a citywide basis.
LEGAL DESCRIPTION: NIA -The project does not involve development of any property, it is an
amendment to Zoning Ordinance regulations that will affect future development of housing for senior
citizens on a citywide basis.
APN: NIA Acres: NIA Proposed No. of Lots/Units: No development proposed.
GENERAL PLAN AND ZONING
Land Use Designation:
NI A -The project does not involve development of any property, it is an amendment to Zoning
Ordinance regulations that will effect future development of housing for senior citizens on a citywide
basis.
Density Allowed:
NIA
Density Proposed:
None. Amendment to Zoning Ordinance regulations only.
Existing Zone:
NIA
Proposed Zone:
NIA
Surrounding Zoning, General Plan and Land Use:
NI A -The project does not involve development of any property, it is an amendment to Zoning
Ordinance regulations that will effect future development of housing for senior citizens on a citywide
basis. •
PUBLIC FACILITIES
School District: N/ A Water District: =-N"""'/ A=----Sewer District: :.aN"""/ A=--------
Equivalent Dwelling Units (Sewer Capacity): =-N"""/A=-----------------
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration recommended for adoption
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
ATTACHMENT 5
FILE NAME AND NO: HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT
ZCA 02-04 I LCP A 02-08
LOCAL FACILITY MANAGEMENT ZONE: """"'C=-i__..tywt""'-'--"'=·da.;..e __________ _
GENERALPLAN:-N=/A=-=--·...,.C=ityw~=id=e __________________ _
ZONING: NI A -Citywide
APPLICANT'S NAME: =C __ IT ___ Y __ O.._F __ C __ ARL........._. __ S=B ..... AD=----------------
ADDRESS: 1635 Faraday Avenue, Carlsbad CA 92008
ASSESSOR'S PARCEL NO.: NIA -no development of any site proposed.
QUANTITY OF LAND USE (AC., SQ. FT., DU): NI A -no development of any site proposed
ESTIMATED COMPLETION DATE: NI A -No development proposed
The project does not propose development of any site, it is an amendment to Zoning Ordinance
regulations that will effect future development of housing for senior citizens on a citywide basis.
Therefore, the project does not impact any local facilities.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities: Potential Demand in Square Footage = =--'N'"""/ A _____ _
Library: Potential Demand in Square Footage = :..:N"""/ A _____ _
Wastewater Treatment Capacity (Calculate with J. Sewer) NIA
Park: Potential Demand in Acreage = NIA
Drainage: Potential Demand in CFS = NIA
Circulation: Potential Demand in ADT = NIA
Fire: Served by Fire Station No. = NIA
Open Space: NIA
Schools: NIA
Sewer: Potential Demands in EDU = NIA
I
Water: Potential Demand in GPO = NIA
L. The project does not impact the Growth Management Dwelling unit allowance, as
provided for through the "excess dwelling unit bank".
ATTACHMENT 6
HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT
STRIKEOUT/UNDERLINE VERSION OF PROPOSED TEXT AMENDMENT
□ Section 21.16.016 (R-3 Multiple-Family Residential Zone chapter) is proposed to be
amended as follows:
21.16.016 Housing for S!enior citizen! hoasing by site development plan.
Housing for S!enior citizen! may be permitted by site development plan issued according to
the provisions of SeetioB 21.18.045 of tais eede Chapter 21.84 of this title. +he Unless
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
□ Section 21.18.045-(R-P Residential Professional Zone chapter) is proposed to be amended as
follows:
21.18.045 Housing for S!enior citizen! heasing by site development plan.
Housing for senior citizens may be permitted by site development plan issued according
to the provisions of Chapter 21.84 of this title. Unless otherwise specified in Chapter 21.84,
the development standards of this zone shall apply.
(a) This seetien is iftteaded te pfO•lide a meehllftism &Bd st&Bdaffls fer tae d~1elepmeBt of
FeB:tal er for sale heasiag &Y•ailal>le to seaieF eiti2eas.
(0) The eity ma~· appre11e a site de:i,relepment plan fer pri:i,rately de11eleped senior eiti2:eB
heasing OB property ia the R P 2ene where fue geaeral plan applieable to sueh property JJermits
resideatial ases. The pF0¥isioas offuis seetioe shall Bf)ply to sl::!eh permits.
(e) SeBior eiti2:ee housing prejeets shall meet the fellowing re(lliiremeBts:
(1) Senior hoasiBg pi=ejeets shoald, wheBe1,rer reas0Ba0ly p9ssi0le, 00 located ooBsisteat with
the felle1iviag leoatienal guieeliBes:
(A) The pF0posed prejeet shoald 0e leeated in olese proximity to a wide faftge efeemmeroial
Fetail, pF0fessional, soeial aBd eoHHBti:llity serviees patF0ni2ed ay see:ier eiti2eas; er hwle its O'VIB
private shuttle aus •.vhieh will pF0•,ride daily aeeess to fuese ser,riees;
(B) The preJJosed prejeet saould 0e loeated withiB two to three 0loeks of a 0us or traBsit stop
unless a eommoB transportatioB serviee for residents is pro:i,rided and maiataiBed;
(C) The pF0JJosed prejeet shoald 00 located ia a tepographieally le•1el area; &Be
(D) De .. ·elopmeBt ef a seBier eiti2:ea hoHsiag prejeot at the pF0posed loeatioB shoHle Bot 0e
detrimeatal to p\:18Ho health, safety ane geaeral welfare.
(2) As 1:lsed ie fuis seetiofl; ":housing fer senior eitii!iens" melll:1:s :heHsiBg:
(i-\.) PfO•lided under &BY state or federal pF0gmm fuat t:he Secretary of Hel:lsiag end Urallfl
Dw,relepmeBt determines is speeifieally desigaee end operated to assist elderly perseas as
defined in t:he state er federal pPogmm;
(B) InteBdee fer, ane solely occupied 0y, persons sixty two years of age or oleer; or
(C) IRteBded and operated fur 0OO1:1J3anoy 0y at least oae persoa fifty fi•;e years of age or
oleer JJer uait if tae followiag faetors are shov,'ft:
(i) The eJdsteaee of signifiea:Bt facilities &Be services SJJecifioally designed to meet tae
physical or seeial aeeds of older persoas, or if the provision of such facilities a:ad serv-iees is Bot
praetioable, it mast ae shovm that saea :heasing is necessary te pF0vide important heusiftg
opportunities fer elder persons,
(ii) That at least eighty pereeftt of the anits are oeeapied by or rese£¥ed for oecap&Bcy hy at
least one persoft fifty fi:r;e years of age or older per l:lllit, and
(iii) The pablieation of, and adherence to, polieies and procedl¼res '"'hich demoftstrate an
iBteftt by the o•.'lffter or manager to pro•,riee hoasiHg for persons fifty fi•r:e years of age or oleer.
Sigmfieam faeilities ane services speeifically eesigaed to meet the physical or social neees of
older persoas iftclade, bat are Het limited to, social and recreational pFOgraHJ:s, eoatiooing
education, iaformation ane col:lllseliag, recreational, homemaker, oatsiee maiftteaanee &Bd
referral serYices, and aecessiele physical ew.zironmeftt, emergeaey &Bti pre:r,refttati¥e health eare
programs, eoagregate <lining faeilities, transportation to faeilitate access to social sef\'iees &Ba
se£Yioes desigae<l to eacow=age ana assist residents to use the serviees an<l facilities cwailahle to
them. The hoasiag facility nee<l not ha:rr:e all of these featl¼res to meet these reqaKemeftts of this
Sl¼hsectioa.
(D) Upon the death or wssoll¼tioB of mamage, or Hf)Oft hospitali2atioa or other proloHge<l
ahseace of the EfUalifyiag resi<lOBt, &BY qaalified permaneftt resieeftt, as define<l by Section S 1.3
of the Califomia Ci¥il Co<le, shall be eatitlee to oofttiooe ms or her occapaney, resi<leBCy or ase
of the restrietee 8\YeHing l¼ftit as a permittea resident.
(3) A sOBior eitiiiOB housing pf0jeet shall observe the follow=ing de:rrelopmeftt standards:
(A) All seaior citiii3ea housiftg proj eets are reqaired to comply ·.vith all &J'plieahle
de:rrelopmeftt st&Baards of the l:llleerlyiftg ii3oae, e*cept those whieh may be modified as &B
additioaal ifleeftti¥e granted p'llfSl¼allt to Chapter 21.86 of this code;
(B) la the coastal 2one, any senior eitiii30B housiHg proj eet processed pursuant to this seetioa
and Chapter 21.86 of this eode shall be eoasistOBt with all certified local coastal program
pro¥isioas, with the 9oeption of deasity.
(4) Parkiag for a sOBior citiii30ft hoasing project shall be pre·fided pHrsuant to SeetioR
21.44.020(a) (9) &Bd is subjeet to the follo·.viag eonditions:
(A) 1.Vheae·r:er possible, parkiHg spaees shoald be laid out at either a thH'ty, forty five or siJay
degree aHgle;
(B) ReEfHired parking spaees shall be a:r;ailahle to the tenaftts of the pfOjeet at ne fee.
(5) The senior eitii!OB housiftg project shall ohserve the follo·uiHg desiga criteria:
(A) To the ma-ximHm 9'teftt feasihle, arehiteetaral harmony, thro:agh the :ase of &l'PfOPri&te
buildiag height, materials, eulk aBd scale withia the aO¥elopmeat &Bd within the 9'isting
neighborhood &Bd community shall he obtainea;
(B) The baildiag(s) shall be fiaished on all sides with similar roof &Bd wall materials, colof6
and arehiteetaral aeceftt featares;
(C) Latmdry facilities must be pro¥ided in a separate room at the ratio of one •w'BSher and oae
dryer for every tv.'eftty fi•,re dwelling \¼nits or fraetional numher thereof. At least one washer &Bd
one dryer shall be pro¥ide<l in e·,ery senior citizen housing project. 1.llashers &Bti dryers may be
eoin operated;
(D) Common areas sllall he pro¥i~ed in the senior eitii!OB housing pf0jeet. The eommon areas
that are pro¥ided shall be desigaed to make these areas usefHl and fuBetional for residents.
B~Hmiples of eommon areas inelHde hut are Het limited to the following: a reereatioa soeial room,
a eommon cooking and mning facility, passiYe open spaee and readiawTV rooms. The total
am:oant of eommon area reqaired in eaeh sOBior housiHg pf0j eet shall be ao less than twenty
sqaare feet per dwelliag unit. Common space ~elades all stain¥ells and any halconies of less
than ferty square feet. The silie of the reereatioweomml¼ftity social room may be &J'propriately
redueed if it is located adjaeent to usal>le out<loor space. Adjaeeftt toilet faeilities fer men and
2
'.VOmeB shall ee pFO•lided. Uflless the eaildiBg is serviced ey 8ft ele•1at0F, the
re8featieeleemmamty seoial Feem shall he leoated ea the gfOl:IBd Oeer;
(B) A m&Bager's eit is reoemmeeded te he iaoladed ia eYeey seaier oitizee heasiag f)Fojeet.
If pFO:rlided, the m&Bager's eit shall ee a eemplote d•.¥elliag eit &Bd se designated ee. all t>hms.
i\ll seaier oitiz5eB heusiag prej eots ,.,thioh. de aet ha:¥e &B ea site m&Bager shall pr0•1ide a flOSted
ph.oae fH:lffl8er of the prej eot 011mer er off site mBBa:ger fer emergeaeies er maie.teaa:Bee
pFOelems;
(F) All haildings e:H:oeediag tv,10 stories saall iaolude el~'iNefS.
(6) ~telling l:lftits in semer oitizee housing f)rejeots shall observe the fellewiag
ffMiairemeets:
(l\) Tlff)S shall be eEfl:lipped •nith at least one gmh bar;
(B) Tlff)s S:Bdfer she•Ners shall be eEtl:lipf>ed ·with temperatl:lfe regalatiag deYiees;
(C) Tae er she•.ver bottom serfaoes shall be slip resistant;
~ Peepholes in eetey doors;
(B) All projects are relil:lired te oemply with Title 24 ef the State Baildiag Cede (Disahled
}..eoess :Regulations); &Bd
(F) All seftier oitiz5ea l:lftits mast oenfefftl te the relil:Hrements ef the applioahle baildiag and
hea5in:g eodes.
(7) Upea writtea reE}aest by S:B applioa:Bt, &Bd ia retum fer his &gfeement te deYelep aad
operate the semer oitiz5ea heasing prejeot in aeeerdanee with this seetiea aad Chapter 21.86 of
this eede (resideatial deasity beaus), the fiBal deeisiea making B\Hfterity shall alle·w an iaerease
ia the fH:lffl8er ef d"lrelliag l:lftits pefftlitted per aere (deesity) sabjeet te the felle•.viag eeaeitieas:
(A) .tt,. miaimam ia8fease ef twenty five percent 0•,1er the gre•.'lfth eefl:trel J.30iat ef the
applieahle geeeml pie eesigaatiea er tae 0thef\1;<ise ma~dmt:HB. alle11,ceble resideatial e•neUiag
1:mit deasity as SJ.3eeified by the applieahle master t>lan er SJ.3eeifie t>l&B, at tae time ef ap):llieatiefl,
eeBSistent ·with Seetien 21.86 efthis eede;
(B) AU seaier eitizea housiag prejeets reE}uestiag a residential deasity beaus shall oemply
with the reE}l:lirements of Chapter 21.86 of this oede;
(C) Afly senior eitii!ea housing proj eet eofl:stmetee pUFSQant to this seetiea &e.dfer reE}l:lestiag
a residential eeesity eenl:ls pl:ll'Sl:lant te Chapter 21.86, shall be reE}l:lired to eeftl):lly with the
iaell:lsiefl:ary FeEfWFemeets fer residential ee¥el0J.3meats ia Chapter 21.85 of this eoee. Net less
than fifteee J.3ereent of all appro•;ed 1:mits iB &BY seftier eitizee hel:lsiag ):)Fojeet shall he set aside
fer eeel:lp&Bey by aad shall be afferdahle to le-.,,er iaeeme hel:lsekoles.
(d) Ap):llieatieB sl:lbmittal tmd FEWie>.v is as felle•ns:
(1) Prelimiaary Applioatioa. A de,;eloper of a seftier eitiz5ea hel:lsin:g J:lFojeet shall sl:lbmit a
prelimiaary applieatiea prier to the sl:lbmittal of a fefftlal reEtl:lest fer apJ.3re•,1al. The J:lrelimiaary
applieatiea shall iaelade the felle•Ning infefftlatioa:
(.A) A brief deseriptiea of the J:lFOpesal iooll:ldin:g the total mi.maer ef seftier aaits, eeasity
beaas units aad affordable seaier units J:lreposed;
(B) The zeaiag, geeeml J:ll&B desigaatieas and assessefS parcel alHliber(s) efthe project site;
(C) A site plan, dmwa to seale, "llbieh iaelooes: baildiag footprints, dfi,;e,+1ray &B:d 13arkiag
layel:lt, bl:lildiag eleYatieas, existiag eeatel:lfS &Bd pFOpesed graaiag; and
(D) A lett8f iaeatifyiag what speeifie iaoeati¥es (i.e.; Eieasity heaas, stanaards medifieatieas
er fia&Boial iBeentives) are beiag req_¼lestea efthe eity.
V/ithia thirty Eiays of reeeipt ef the prelimiftal)' applieatiea by the 13lanniag d0):lartmeat, the
Eiepartmeat shall pre'•lide to 8fl: applieam a lett8f iaentifyiag project issaes af eeaeem to staff, &B:d
3
fu • e 1e.eefttiPes .r or • reeommeadat. ass1stBRee that 1oe. to fue fi 1 ~ f)lanB • • Ell J¼,plieetie .. ;i& d•MeiOB mokiB ;eg """'110£ 8811
~eel shall 1, ft. The Bil• de-·elep g lllllll,8Rly. supp•fl when mal • . e proe El v ment pl ~ ---<mg • heFeln will, re ard ~-esse-al•eg will, all • -4Hl YP) IIJIJllielllioH le ~
"l'JIH•&a•n u!,i,,: the IB•IHBe&a"" •f .,.;~•• .. qwed ~•et ~• 1"""'"' eilize& housing
eOIBHHssi•1t "" the • ~t le, di<eet BffllB ~ ~ Bf ethe, e,!,l .••llll~o) as pro¥ided lllllll,8Rly lo mal IIJIJll!elltl<M, shall 1, -••el ,,..BBHYes th lfi8B81 lft8enti• ·es If h retheB Id . • ..i,,., • e&aey f '· Ile
(3) Seami!tol. ;i& -ee,siOB •1t lhe IIJIJI;"'?' •Bly, IB!d the ~ """"'. 1,y lhe pl.,,..ieg (A) Th ••llll•B. • ........ , shall h .,
1, • eolftjlleted . a.e the
oe.1::1s, modifieatio Bf)f)heatioe. for a s • • • lei~ _:;r deYOlepmem ~ elli•ea hetl5iftg ~eat •
p,e•'!t }~gal dese~Oli •f th I . • other additio1181 ineenti:.~ • ....,ily
.. ""HefSBiJI aed Jl,..H • -elol -Jlff!IJOSed fi IBO!ede the
Go•~H) A leller signed a: :-1 Jlff!IJ••ed ....,;,,g--dwelepmeet iBolelffll!!
a • .;;.."':.,":a:"4ee seea ... ~s91: =~......, IMa!;.,g ho--• th • • olalement •f f"" a ••n ofd•--el a &g whet io 1, • " e -eel ·••'II m) Sile Jllaes BBEI -~•Jlmeel stBBEIB«ls " "" ~Blllg _.ied ~ ti, "1
: ••mply will, JIIIIB&) • er SUJI · "'olherad,ft' ,.., • oily (' : JIOF the eily' s Ill' r . 4'8fbBg plBHS (i • I --HOBol ineenti· 'B )· ' ~-•· density
(..-) • d · p ••-se1, • • • 8 11111lseaJ1• I '
8
• ~ ;.;.;;:: ¥ieinily fBllj9 ~ 'T~;-p llft; aeildi.!tg elB"'IIH•IIS 11ft8 fl•BF
ilk•ly lo l,e JI, perk Bf .. ereetio,, • P~•et l••&a•e (•·) • palfoml!Od l,y oeeiOf eif eente,, medieol lileilili aed see!, details as th •
' • • set •f tlOOf ll!0115; es Bf •!her ..,1et e "°"'""'
llj9aflmen! r•ith d' _JIIBBB le, -diffi e,j es••""" SOflie
(' ,« HBe&"""• f -I} , es
llft8; 7'lj A set •f IH5t fl••• JI~=• !"1"'-•;~.:::.:: .::.~ a typioolly fumished
( . . ••• s1,or.., es, •
• A w • ffl) • , IBOflileriB 1111 · g IIB'j-••""""" ...,.. ae
· (B) In the ease ;j /4-.e plan d ee00111H1•dolioBs
111eeeli'les, lhe IIJIJII" 8 '"'19eol le, • melHfie-f lo d ielllll shall 1, · a tOli •f d •• I --that th ~ -• ,eqe,,ed to se • .. .,.ep,,,e,,t sloBd
"'~~ th~ Jlrejeet ......:..~ ~IHBeab=~"'t,eet pro le_, :::-: other additi8""'
El . ) al the lim• •f I J, -eeo,l,le. oler reljlleo!e<! ine•af,_l'""Jl••ed ~eel
eta,led dntwi!tgs !er 1 ~ ;:" """8liltol ler l,e;ld' • ••• •• H0009Sllfl' lo
typ• •f p,,lls, HIHeet .., 0 ees aed 1,alh,ooms i ~ JI~, the IIJIJllieon whOfe IIJIJl,epriete s, gHl, 1,ars, tub and/Bf ol,lllltellllng -aed f;fflJ ~ shall _seamil • set of (4) · ••·w a· IBO!h•gh 11...,;..,,_ The I . w 7BIBIISiees, 1111d l11111tti !lo aed depth,
.... IBfllOBda!i•flS l,..J'"IIIIBI"!! ttireelor shall ··el 4'IIJIJl•d !em spee•
(' ) Th "l'"" th fi 11 .., ualo th • r -seeiOF eiH'ilea ~ ~ owiBg erileria· 4' '"'!H•st aed 1B •
goals es set letth iR th h BOH,mg ~eet helps j,-H• liBd-llft8
(BJ The deesil • 1, 0 ""5Hlg el-eflhe ee,e,,• lhe eily's seei••
•••eemieoll . le .:r ........ .-,,. ad<ff • geee,ol p!OB· aed aflerdel,le ii • (C) :,, oao,1,le; ' !8B81111eeetive(s) ,.;.. 4'BS!Bg
iR Tho seei•• •ili•e& . st 1,o -••""'l' I•
{:at,l,lo w4lh elheo-laed hee5,eg prejoet shall make the JlreJ•el
) The -uses 1ft th -1181 resell • eoestoi pro;::"' tti,"" hoesi,,g ~~• •,ioinily; ~ "' deeeily "' a..;gn that •
i!I 86 OIi dB'<el eemphes ·•··lb IS . •flhis title • --1 p•lioioo •fthe • ,.,~ the geee,ol plOB • · eey •f c..-!sloe,/,, BBd io ' •-~ed leeal ••es1sleffi ··'ill, Cl, " apter
4
(5) Proeessiag. All seaior eitiziea housiag pFOjeets shall ee givea priority ia proeessiag.
(e) Moaitoriag anEl eaforeemeat of site de•1elor,me:Bt r,laa eoaElitions.
(1) To assure eomplianee with the age requirement of this ehapter, all applieants,lo•1rners of
senior eiti2iea ho1:1siag prejeets saall ee required to suem:it, oa an ar.nual easis, an Npdated list of
all prejeet teaants and their age to tae eity's housing and rede•1elopment department.
(f) This seetion is intenEled to eomply 1.¥ith state and federal laws prohieiting age
Eliseriminatioa in housing. (Ord.}-~ 402 §§ 9, 10, 1997; Ord. NS 274 § 1, 1994)
□ Section 21.20.025 {R-T Residential Tourist Zone chapter) is proposed to be amended as
follows:
21.20.025 Housing for 8!enior citizen,! hoesiag by site development plan.
Housing for 8!enior citizen§. may be permitted by site development plan issued according to
the provisions of Seetioa 21.18.045 of this eoEle Chapter 21.84 of this title. The Unless
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
□ Section 21.22.015 (R-W Residential Waterway Zone chapter) is proposed to be amended as
follows:
21.22.015 Housing for 8!enior citizen_! housing by site development plan.
Housing for 8§.enior citizen§. may be permitted by site development plan issued according to
the provisions of Seetioa 21.18.045 oft-his oode Chapter 21.84 of this title. The Unless
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
□ Section 21.24.025 (RD-M Residential Density-Multiple Zone chapter) is proposed to be
amended as follows:
21.24.025 Housing for 8§.enior citizen§. hoesiag by site development plan.
Housing for 8§.enior citizen§. may be permitted by site development plan issued according to
the provisions ofSeetioa 21.18.045 efthis oode Chapter 21.84 of this title. The Unless
otherwise specified in Chapter 21.84, the development standards of this zone shall apply.
□ Section 21.44.020(a)(9) (Parking chapter) is proposed to be amended as follows:
(9) Housing for Senior Citizen! Hoesiag Prejeets -Minimum one covered space per every
twe units, plus one covered space for an onsite manager's unit (when provided) and one guest
parking space per every five units, subject to.approval of a site development plan.
5
On Private/
Public
Streets
Driveways
Community
Recreational
Space
Recreation
Area Parking
Recreational
Vehicle
Storage
rounded to the nearest highest whole number.
1. Visitor parking may be provided: ( 1) along both sides of a minimum 34 foot wide private/public
street or (2) in perpendicular bays. When visitor parking is provided on-street, not less than 24
lineal feet per space, exclusive of driveway entrances and driveway aprons, shall be provided
for each parking space, except where parallel parking spaces are located immediately adjacent
to driveway aprons, then 20 lineal feet may be provided.
1. Visitor parking must be provided in parking bays.
Alf projects of more than 10 dwelling units shall provide 200 square feet of centralized, community
recreational space per unit. Projects with 25 or fewer units shall provide passive or active recreation
facilities; projects with more than 25 units shall provide both passive and active recreational
facilities with a minimum of 75 percent of the area allocated for active facilities. Projects of more
than 50 units shall provide recreation facilities for a variety of age groups. Examples of recreation
facilities include, but are not limited to, the following:
Active: Swimming pool with cabana, children's playground equipment, spa, tennis court,
racquetball court, volleyball court, basketball court, recreation rooms or buildings,
horseshoe pits, pitch and putt, grassy play areas a minimum of 100 feet by 100 feet and any
other facility deemed by the planning director to satisfy the intent of providing active
recreational facilities. •
Passive: Benches, barbecues, community gardens, or grassy play areas with a slope of less than 5%.
1. Credit for indoor recreation facilities shall not exceed 25% of the required centralized community
recreation area.
2. Required recreation areas shall not be located in any required front yard and may not include any
driveways, parking areas, walkways, storage areas, or any slopes of 5% or greater.
3. For single-family or two-family projects of 50 units or more, at least 25 percent of the common
recreation space must be provided as pocket parks. Pocket park lots must have a minimum width
of 50 feet and be located at strategic locations such as street intersections ( especially "T •
intersections") and where open space vistas may be achieved.
Note: These community recreational space requirements shall not apply to housing for senior
citizens (refer to Chapter 21.84 of this code for common area requirements for housing for
senior citizens).
1 space for each 15 residential lots or fraction thereof for Jots located more than 1,000 feet from a
centralized community recreation center lot.
Note: Housinl!' for senior citizens is not reouired to be nrovided with recreation area oarkinl!'.
l. Required for projects with 25 or more units.
2. 20 square feet per unit exclusive of area required for driveways and approaches.
3. Developments located within master plans or residential specific plans may have this requirement
met by the common RV storage area provided by the master plan or residential specific plan.
4. The storage of recreational vehicles shall be prohibited in the front yard setback and on any
public or private streets or any other area visible to the public. A provision containing this
restriction shall be included in the covenants, conditions and restrictions for the project. All RV
storage areas shall be landscaped to screen vehicles to the maximum extent feasible.
Note: Housing for senior citizens is not required to be provided with recreational vehicle
storal!'e.
7
□ An amendment to "Table E" of Section 21.45.080 Multiple-dwelling development standards
(Planned Developments chapter) is as follows:
(Partial)
Table E
Multiple-Dwelling Development Standards
Standards Requirement
Resident Parking 1. One 12 feet x 20 feet car garage and 1 covered or uncovered space per unit
,t Studio units • 1.5 spaces; 1 covered per unit
3. Housin& for senior citizens: 1 covered SJ!ace ner unit2 ntus one covered snace
for an onsite manae:er's unit lwhen nrovided\.
Visitor Parking 1. 10 units or less: 1 space for each 2 dwelling units or fraction thereof.
2. 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 dwelling
units above 10.
3. Housing; for senior citizens: 1 SJ!ace for each S dwellin& units.
~-Visitor parking spaces must be located no more than 150 ft. as measured in a
logical walking path from the entrance of the unit it could be considered to
serve.
45. Visitor parkin~ must be provided in parking bays.
□ Section 21.86.020 Definitions (Residential Density Bonus or In-Lieu Incentives chapter) is
proposed to amended as follows:
(21) "Qualifying resident" means a resident as defined in Chapter 21.84 of this title and
Section 51.2 of the California Civil Code.
□ Chapter 21.84 Housing for Senior Citizens is proposed to be added to the Zoning Ordinance
as follows:
Chapter 21.84
Housing for Senior Citizens
21.84.010 Title.
21.84.020 Purpose. •
21.84.030 Definitions.
21.84.040 Use Table.
21.84.050 Location Guidelines.
21.84.060 Development Standards and Design Criteria.
21.84.070 Inclusionary Housing Requirements and Density Bonus Provisions.
21.84.080 Application Process.
21.84.090 Findings for Approval.
21.84.100 Additional Requirements.
21.84.110 Monitoring and Reporting Requirements.
8
-
21.84.010 Title.
A; This chapter shall be known and may be cited and referred to as the
"Housing for Senior Citizens Ordinance of the City of Carlsbad."
21.84.020 Purpose.
A. The purpose of the housing for senior citizens regulations is to:
1. Recognize the housing needs of senior citizens;
2. Provide a mechanism and standards for the development of rental or
for-sale housing available to senior citizens;
3. Provide comprehensive standards and regulations to ensure housing
is designed to meet the special needs of senior citizens (i.e. physical, social and economic
needs);
4. Facilitate the establishment of housing for senior citizens within
certain zones subiect to the approval of a site development plan; ,
S. Comply with state and federal laws prohibiting age discrimination in
housing; and
6. Provide standards and regulations for housing for senior citizens
construed in accordance with California Civil Code Sections 51.2, 51.3 and 51.4, the
Federal Fair Housing Act, and the Federal Code of Regulations Title 24 Sections 100.300 to
100.308.
21.84.030 Definitions.
A. For the purposes of this chapter, the terms used herein relating to the
provision of housing for senior citizens are defined as follows:
1. Cohabitant. "Cohabitant" refers to persons who live together as
husband and wife, or persons who are domestic partners within the meaning of Section 297
of the Family Code.
2. Disability. "Disability" means any mental or physical disability as
defined in Section 12926 of the Government Code.
3. Housing (Dwelling Unit). "Housing" or "dwelling unit" means any
residential accommodation (rental unit or for-sale unit) designed for occupancy by a senior
citizen or qualifying resident, and each unit having only one kitchen, excluding mobile
homes in a "senior citizen housing development".
4. Housing Community. "Housing community" means any dwelling or
group of dwelling units governed by a common set of rules, regulations or restrictions. A
portion or portions of a single building shall not constitute a housing community.
5. Housing for Senior Citizens. "Housing for senior citizens" means a
housing community:
a. provided under any State or Federal program that the
Secretary of Housing and Urban Development determines is specifically designed and
operated to assist senior citizens {as defined in the State or Federal program); or
b. intended for, and solely occupied by, persons 62 years of age or
older; or
c. intended and operated for occupancy by persons 55 years of
age or older, and where the housing facility is consistent with the definition of a "senior
citizen housing development".
9
6. Senior Citizen. "Senior citizen" means:
a. a person 62 years of age or older; or
b. a person 55 years of age or older in a "senior citizen housing
development."
7. Senior Citizen Housing Development. "Senior citizen housing
development" means:
a. a residential development developed, substantially
rehabilitated, or substantially renovated, for persons 55 years of age or older, that has:
i. at least 35 dwelling units (rental or for-sale units); and
ii. at least 80 percent of the occupied dwelling units
occupied by at least one person who is 55 years of age or older.
B. The following definitions shall only apply to a "senior citizen housing
development":
1. Qualifying Resident. "Qualifying resident" means a person 55 years
of age or older in a senior citizen housing development.
2. Qualified Permanent Resident. "Qualified permanent resident"
means:
a. A person who meets both of the following requirements:
i. Was residing with the qualifying resident prior to the
death, hospitalization, or other prolonged absence of, or the dissolution of marriage with,
the qualifying resident; and .
ii. Was 45 years of age or older, or was a spouse,
cohabitant, or person providing primary physical or economic support to the qualifying
resident.
b. A disabled person or person with a disabling illness or injury
who is a child or grandchild of the qualifying resident or a qualified permanent resident,
who needs to live with the qualifying resident or qualified permanent resident because of
the disabling condition, illness or injury.
3. Permitted Health Care Resident. "Permitted health care resident"
means a person hired to provide live-in, long-term, or terminal health care to a qualifying
resident, or a family member of the qualifying resident providing that care. The care
provided by a permitted health care resident must be substantial in nature and must
provide either assistance with necessary daily activities or medical treatment, or both.
21.84.040 Use Table.
A. Housing for senior citizens is permitted subiect to the approval of a site
development plan (SDP) in certain zones as indicated in the following table:
TABLE A
ZONES WHERE HOUSING FOR SENIOR CITIZENS IS PERMITTED
Zone Housin2 for Senior Citizens
R-3 SDP
R-P SDP*
R-T SDP
R-W SDP
RD-M SDP
10
V-R **
P-C **
Note: Housine: for senior citizens is orohibited in those zones not indicated.
* The city may approve a site development plan for housing for senior citizens on property in the R-
P zone where the general plan applicable to such property permits residential uses.
** May be permitted subject to the standards of the controlling document (i.e., in V-R zone -
Carlsbad Village Area Redevelopment Plan and Village Master Plan, and in P-C zone -applicable master
plan) and the provisions of this chapter.
21.84.050 Location Guidelines.
A. Housing for senior citizens should, whenever reasonably possible, be located
consistent with the following location guidelines:
1. The proposed project should be located in close proximity to a wide
range of commercial retail, professional, social and community services patronized by
senior citizens; or have its own private shuttle bus which will provide daily access to these
services;
2. The proposed project should be located within a reasonable walking
distance of a bus or transit stop unless a common transportation service for residents is
provided and maintained;
3. The proposed project should be located in a topographically level
area; and
4. Development of housing for senior citizens at the proposed location
should not be detrimental to public health, safety and general welfare.
21.84.060 Development Standards and Design Criteria.
A. Housing for senior citizens shall comply with all applicable development
standards of the underlying zone, except those which may be modified herein or as an
additional incentive granted pursuant to Chapter 21.86 of this code.
B. In the coastal zone, any project processed pursuant to this chapter and
Chapter 21.86 of this code shall be consistent with all certified local coastal program
provisions, with the exception of density.
C. Parking shall be provided as follows:
1. A minimum of one covered space per every unit, plus one covered
space for an onsite manager's unit {when provided), and one guest parking space per every
five units;
2. Whenever possible, parking spaces should be laid out at either a
thirty, forty-five or sixty degree angle; and
3. Required parking spaces shall be available to residents of the project
at no fee.
D. To the maximum extent feasible, architectural harmony. through the use of
appropriate building height, materials, bulk and scale within the development and within
the existing neighborhood and community shall be obtained.
E. The building(s) shall be finished on all sides with similar roof and wall
materials, colors and architectural accent features.
F. Laundry facilities must be provided in a separate room at the ratio of one
washer and one dryer for every twenty-five (25) dwelling units or fractional number
11
thereof. At least one washer and one dryer shall be provided in every proiect. Washers and
dryers may be coin operated.
G. A manager's unit shall be provided in every project of 16 or more units
(rental projects only). The manager's unit shall be a complete dwelling unit and so
designated on all plans.
H. Housing for senior citizens shall be designed to encourage social contact by
providing a minimum of one common room, which may include, but is not limited to, a
recreation/social room, a common dining facility or a readingffV room. Common open
space shall also be provided, which may include, but is not limited to, community
gardening areas or open landscaped areas with walkways and seating. Common areas
shall be designed to ensure that they are useful and functional for residents, and shall
comply with the following:
1. The minimum amount of common area required in each proiect shall
be no less than twenty (20) square feet per dwelling unit;
2. Common space excludes all stairwells and any balconies of less than
forty (40) square feet;
3. Unless the building is serviced by an elevator, common rooms shall be
located on the ground floor; and
4. Adiacent toilet facilities for men and women shall be provided.
I. In addition to the common areas described above, additional services and
programs are encouraged, but not required, to be included in all proiects to meet the
physical and social needs of senior citizens. Such desirable services and programs may
include, but are not limited to, the following:
1. Social and recreational programs;
2. Continuing education, information and counseling services;
3. House cleaning/cooking
4. Inside/outside maintenance services;
5. Emergency and preventative health care programs/services; and
6. Transportation services.
J. Access to all common areas and housing units shall be provided without use
of stairs, either by means of an elevator or sloped walking ramps.
K. Entryways, walkways, and hallways in the common areas, and doorways and
paths of access to and within the housing units, shall be as wide as required by current laws
applicable to new multifamily housing construction for provision of access to persons using
a standard-width wheelchair.
L. Walkways and hallways in the common areas shall be equipped with
standard height railings or grab bars to assist persons who have difficulty with walking,
and shall have lighting conditions that are of sufficient brightness to assist persons who
have difficulty seeing.
M. Trash collection containers shall be provided in an easily accessible location
and in manner that requires a minimum of physical exertion by residents. Trash collection
containers shall also be completely screened and located as inconspicuously as possible.
Trash enclosures shall be of similar colors and materials as the main building.
N. Dwelling units shall be provided with the following:
1. Tubs and/or showers equipped with, or adaptable for, at least one
grab bar;
12
2. Tubs and/or showers equipped with temperature regulating devices;
3. Slip resistant tub and/or shower bottom surfaces; and
4. Peepholes in entry doors.
0. The design of housing for senior citizens should, to the extent practicable,
implement the principles of Universal Design as currently established by the Center for
Universal Design at the North Carolina State University, or any other residential design
elements for seniors that may currently be established by the California Department of
Aging. Universal Design principles encourage building design with accessible and
adaptable features that are universally usable by most people regardless of their level of
ability or disability. Examples of Universal Design are as follows:
1. A dwelling unit should be designed to be accessible or adaptable for
disabled access;
2. An adaptable dwelling unit bas all accessible features that a fixed
accessible unit has but allows some items to be omitted or concealed until needed so the
dwelling unit can be better matched to individual needs when occupied; and
3. In an adaptable unit, wide doors, no steps, knee spaces, control and
switch locations, grab bar reinforcing and other access features must be built in. Grab
bars, however, can be omitted and installed when needed. Knee space can be concealed by
installing a removable base cabinet that can be removed when needed. Counter tops and
closet rods can be placed on adjustable supports rather than fixed at lower heights as
required for wheelchair users.
P. Housing for senior citizens shall comply with all applicable building and
housing codes, and requirements for access and design imposed by law, including, but not
limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations of Title 24 of the
California Code of Regulations that relate to access for persons with disabilities or
handicaps. Nothing in this section shall be construed to limit or reduce any right or
obligation applicable under those laws.
21.84.070 Inclusionary Housing Requirements and Density Bonus Provisions.
A. Any market-rate rental or for-sale project constructed pursuant to this
chapter shall be required to comply with the inclusionary requirements for residential
developments in Chapter 21.85 of this code.
B. Upon written request by an applicant, and in return for his agreement to
develop and operate a project in accordance with this chapter and Chapter 21.86 of this
code (residential density bonus), the final decision-making authority shall allow an increase
in the number of dwelling units permitted per acre (density), provided the request for
density bonus complies with the requirements of Chapter 21.86.
21.84.080 Application Process.
A. Preliminary Review Application - a preliminary review application may be
submitted prior to the submittal of a formal application (note -if the project includes a
request for a density bonus, a preliminary review application is required).
1. A preliminary review application shall include the following
information:
13
a. A brief description of the proposal including the total number
of senior units, density bonus units and affordable senior units proposed;
b. The general plan and zoning designations, and assessors parcel
number(s) of the project site;
c. A site plan, drawn to scale, which includes: building footprints,
driveway and parking layout, existing contours and proposed grading; and
d. A letter identifying what specific incentives (i.e., density bonus,
standards modifications or financial incentives) are being requested of the city, if any.
2. After review of the preliminary application, the planning department
shall provide to an applicant a letter identifying proiect issues of concern to staff, and the
incentives or assistance that the planning director can support when making a
recommendation to the final decision-making authority.
B. Formal Application - a proposal to develop housing for senior citizens shall
be processed under a site development plan (SDP) application in addition to any otherwise
required application(s) (i.e., tentative maps, parcel maps, planned unit developments, etc.).
The site development plan application shall be processed according to the provisions of
Chapter 21.06 of this code, excluding Section 21.06.020 (b) (1). (2), {3) and (4). The findings
for approval of a site development plan for housing for senior citizens are specified in
Section 21.84.090 of this chapter.
1. A completed application shall include the following information:
a. A legal description of the total site proposed for development
including a statement of present ownership and present and proposed zoning;
b. If a density bonus or other incentives are requested, a letter
shall be submitted signed by the present owner stating how the proiect will comply with
Government Code Section 65915 and stating what is being requested from the city, (i.e.,
density bonus, modification of development standards or other additional incentives); and
c. Site plans and other supporting plans (i.e., a landscape plan,
building elevations and floor plans) as per the City's application submittal requirements;
d. A detailed vicinity map showing the proiect location and such
details as the nearest market, transit stop, park or recreation center, medical facilities or
other related uses and services likely to be patronized by senior citizens;
e. A set of floor plans for each different type of unit indicating a
typically furnished apartment, with dimensions of doorways, hallways, closets and
cabinets;
f. A floor plan of the first floor or other floor showing any
common areas and accommodations;
g. Any additional information required as per the City's
application submittal requirements.
2. If the proiect involves a request for financial incentives from the City,
then any decision on such a request shall be made by the City Council upon
recommendation from the Housing Commission. In addition, if the proiect involves a
request for financial incentives then the City Council shall have the authority to make the
final decision on the site development plan and other related development applications {i.e.,
tentative maps, parcel maps, planned unit developments, etc.), after consideration of a
recommendation from the Planning Commission.
14
3. At the time of plan submittal for building permits, the applicant shall
submit a set of detailed drawings for kitchens and bathrooms indicating counter and
cabinet heights and depth, type of pulls, faucets, grab-bars, tub and/or shower dimensions,
and handicapped turn space where appropriate.
21.84.090 Findings for Approval.
A. A site development plan for housing .for senior citizens shall be approved
only if the following findings are made:
1. The proiect is consistent with the· various goals, obiectives, policies
and programs of the General Plan, the provisions of Municipal Code Title 21 (Zoning
Ordinance}, the Local Coastal Program (if applicable), and/or the provisions of an
applicable master or specific plan; •
2. The proiect site is adequate in size and shape to accommodate the
proposed proiect;
3. The proiect is properly related to and will not adversely impact the
site, surroundings and environmental settings, and will not be detrimental to existing uses
specifically permitted in the area in which the proposed proiect is to be located;
4. The proiect shall not result in density or design that is incompatible
with other land uses in the immediate vicinity, and the proiect will provide and maintain
all yards, setbacks, walls, fences, landscaping, and other features determined necessary to
provide compatibility with existing or permitted future uses in the neighborhood;
5. The street system serving the proposed proiect is adequate to properly
handle all traffic generated by the proiect; and
6. The request for a density bonus and/or additional incentive{s) is
consistent with the provisions of Chapter 21.86 of this code. {This finding shall only apply
to projects requesting a density bonus and/or additional incentives).
21.84.100 Additional Requirements.
A. No housing development constructed prior to January 1, 1985, shall fail to
qualify as a "senior citizen housing development" because it was not originally developed
or put to use for occupancy by senior citizens.
B. Any person who, on January 1, 1985, had the right to reside in, occupy, or
use housing that is subiect to the provisions for a·"senior citizen housing development" in
this chapter and California Civil Code Sections 51.2, 51.3 and 51.4, shall not be deprived of
the right to continue that residency, occupancy, or use as the result of the implementation
of this chapter.
C. Any person who is not 62 years of age or older, and who, on September 13,
1988, had the right to reside in, occupy, or use housine that is restricted to occupancy by
persons 62 years of age or older, shall not be deprived of the right to continue that
residency, occupancy or use as a result of the implementation of this chapter; provided that
all new occupants are persons 62 years of aee or older.
D. A developer of housing for senior citizens shall establish a homeowner's
association, board of directors, or other governing body, and corresponding covenants,
conditions and restrictions or other documents or written policy. Said CC&Rs or other
documents or written policy shall be submitted to and approved by the Planning Director
15
and recorded prior to issuance of a building permit. At a minimum, the CC&Rs or other
documents or written policy shall set forth the following:
1. Limitations on occupancy, residency or use on the basis of age;
a. Any such limitation shall not be more exclusive than to require
i. each person in residence in each dwelling unit be
required to be 62 years of age or older; or
ii. in a "senior citizen housing development" each person
in residence in each dwelling unit is required to be a senior citizen or qualifying resident,
and that each other resident in the same dwelling unit may be required to be a qualified
permanent resident, a permitted health care resident, or a person under SS years of age
whose occupancy is permitted under California Civil Code Section 51.3 (h} or Section 51.4
!l!li
b. The limitations on occupancy may allow for occupancy of units
by employees of the housing community (and family members residing in the same unit}
who are under 62 years of age, or who do not qualify as a qualifying resident, provided
they perform substantial duties directly related to the management or maintenance of the
housing community;
c. The limitations on occupancy for housing that is intended for,
and solely occupied by, persons 62 years of age or older, shall not be less exclusive than to
require that the persons commencing any occupancy of a dwelling unit be 62 years of age
or older, excluding occupancy by persons permitted pursuant to Section 21.84.lO0C. and
D.1.b, above;
d. In a "senior citizen housing development", the limitations on
occupancy may be less excusive than stated above, but shall at least require that the
persons commencing any occupancy of a dwelling unit include a qualifying resident who
intends to reside in the unit as his or her primary residence on a permanent basis;
e. In a "senior citizen housing development", the limitation on
occupancy may result in less than, but not less than 80 percent, all of the dwellings being
actually occupied by a qualifying resident;
2. In a "senior citizen housing development", upon the death, dissolution
of marriage, or upon hospitalization, or other prolonged absence of the qualifying resident,
any qualified permanent resident, as defined in this chapter and Section S1.3 of the
California Civil Code, shall be entitled to continue his or her occupancy, residency, or use
of the dwelling unit as a permitted resident. This provision shall not apply to a permitted
health care resident;
3. In a "senior citizen housing development", a permitted health care
resident shall be entitled to occupy a dwelling unit during any period that the person is
actually providing live-in, long-term, or hospice health care to a senior citizen or qualifying
resident for compensation, which includes the provision of lodging and food in exchange
for care;
4. In a "senior citizen housing development", upon the absence of the
qualifying resident, a permitted health care resident shall be entitled to continue his or her
occupancy, residency, or use of the dwelling unit only if: a} the qualifying resident became
absent from the dwelling unit due to hospitalization or other necessary medical treatment
and expects to return to his or her residence within 90 days from the date the absence
16
began; and b) the absent qualifying resident, or an authorized person acting for the
qualifying resident, submits a written request to the owner, HOA, board of directors, or
other governing body stating that the qualifying resident desires that the permitted health
care resident be allowed to remain in order to be present when the qualifying resident
returns to reside in the development. The HOA, board of directors, or other governing
body may permit a permitted health care resident to remain for a period longer than 90
days, but not to exceed an additional 90 days;
5. In a "senior citizen housing development", for any penon who is a
qualified permanent resident, as defined in this chapter, whose disabling condition ends,
the owner, HOA, board of directors, or other governing body may require the formerly
disabled resident to cease residing in the development, subject to the provisions of
California Civil Code Section 51.3 (b)(3);
6. In a "senior citizen housing development", CC&Rs or other
documents or written policy shall allow temporary residency for a guest, who may be less
than 55 years in age, of a qualifying resident, or qualified permanent resident, for periods
of time, not less than 60 days in any year, that are specified in the CC&Rs or other
documents or written policy. .
E. CC&Rs or other documents or written policies applicable housing for senior
citizens that contain age restrictions, shall be enforceable only to the extent permitted in
California Civil Code Section 51.3, the Federal Fair Housing Act, and the Federal Code of
Regulations Title 24 Sections 100.300 to 100.308, notwithstanding lower age restrictions
contained in those documents.
21.84.110 Monitoring and Reporting Requirements.
A. To assure compliance with the age requirement of this chapter, all
applicants/owners of housing for senior citizens shall be required to submit, on an annual
basis, an updated list of all project tenants and their age to the City's Planning Director.
17
ATTACHMENT 7
HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT
COMPARISON CHART BETWEEN CURRENT REGULATIONS AND PROPOSED REGULATIONS
(Note: amendments indicated by text strikeout or text that is bold, italic and underlined)
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
21.18.04~ SeaieF eitIBeR heasiag hy site de1,•elepmeRt plaa. Section deleted and replaced with new chapter devoted solely to housing for senior citizens -
1 Cha11,ter 21.84
Housinf! for Senior Citizens
(a) This seetiea is iateaded ta provide a mechanism and standards Incorporated into new Purpose section in Chapter 21.84
for the development of rental or for-sale housing available to senior 21.84.020 Pur11.ose.
citizens. A. The 11.ur11.ose o(the housing_ [pr senior citi;,ens reg_ulations is to:
1. Recog_ni;,e the housing_ needs of.senior citi;,ensj
2. Provide a mechanism and standards f!!r the develo11.ment of.rental or f!!r-
sale housing_ available to senior citi;,ensj
2 3. Provide com11.rehensive standards and reg_ulations to ensure housing_
desig_ned to meet the s11.ecial needs o[. senior citi;,ens (i.e.1 11.hr.sical1 social and economic
needs)j
4. Facilitate the establishment o[. housing_ [.or senior citi;,ens within certain
;,ones subject to the af!.f!.roval o[.a site develo11.ment 11.lanj
5. Com11.lr. with state and (j!deral laws 11.rohibiting_ ag_e discrimination in
housint:,j and
6. Provide standards and reg_ulations f!!r housing_ f!!r senior citi;,ens
construed in accordance with Calif!!rnia Civil Code Sections 51.21 51.3 and 51.41 the
Federal Fair Housing_ Act1 and the Federal Code o[.Reg_ulations Title 24 Sections 100.300 to
100.308.
w +he eity may appF01te a site de1relepmeat plaa feF pFi1rately Replaced with Use Table section in Chapter 21.84
de\<eleped seaieF eitIBea heasiag en pFepeFty ia the R P :;,,eae wheFe the 21.84.040 Use Table.
geaeFal plaa applieahle ta saeh prnpefty permits FesideRtial ases. The A. Housing_ f!!r senior citi;,ens is 11.ermitted subject to the af!.f!.roval o[. a site
prn1risiens efthis seetien shall apply ta saeh permits. develo11.ment 11.lan (SDP) in certain ;,ones as indicated in the (!'llowing_ table:
TABLE A
ZONES WHERE HOUSING FOR SENIOR CITIZENS IS PERMITTED I
Zo11e Housit1f! for Se11ior Citfrens
R-3 SDP
3 R-P SDP*
R-T SDP
R-W SDP
RD-M SDP
V-R **
P-C **
Note: Housi11t~ for senior citizens is orohibited i11 those zones not indicated.
* The cit£. ma£ al!J!.rove a site develof!.ment f!.la11 (pr housing_ (pr senior citir,_ens 011 f!.rOf!.er!£. ;,, tl,e R-P
;.011e where the g_eneral f!./an al!J!.licab/e to such f!.rOf!.er[£ f!.ermits residential uses.
** Mar_ be f!.ermitted subject to the standards o{.tl,e colltrolling_ document (!.e. in V-R ;.one -Carlsbad
Villag_e Area Redevelof!.ment Plan and Vil/ag_e Master Plan, and i11 P-C r,_011e -al!J!.licable master f!.lanl
and the nrovisions of this chanter.
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
(e) Senior eit~en hottsing projeets shall meet the following The "following requirements" reformatted into four sections in Chapter 21.84 -Definitions,
4 re(l\lirements Location Guidelines, Development Standards and Design Criteria, and Inclusionary Housing
Requirements and Density Bonus Provisions.
fB Housing for senior citizens Senior hoasing projeet should, Minor grammatical change-now 21.84.050.A (Location Guidelines)
5 whenever reasonably possible, be located consistent with the following
locational guidelines:
W The proposed project should be located in close proximity to a No change -now 21.84.050.A.1 (Location Guidelines)
wide range of commercial retail, professional, social and community
6 services patronized by senior citizens; or have its own private shuttle bus
which will provide daily access to these services;
~ The proposed project should be located within two to three Minor change -now 21.84.050.A.2 (Location Guidelines).
7 eleeks a reasonable walking distance of a bus or transit stop unless a Current standard requires project to be located within "two to three blocks" of transit servk )
common transportation service for residents is provided and maintained; However, it is not clear what a "block" is. Rather than specifying an exact distance, staff is
recommending a project be required to be located within a "reasonable walking distance" of
transit service. This will allow the decision-making authority to have discretion in
determining what is "reasonable," and allow some flexibility in locating senior housing
projects.
8 ~ The proposed project should be located in a topographically level No change -now 21.84.050.A.3 (Location Guidelines)
area; and
~ Development of housing for senior citizens a senior eitiz!en Minor change -now 21.84.050.A.4 (Location Guidelines)
9 ho1:1sing projeet at the proposed location should not be detrimental to
public health, safety and J?;eneral welfare.
(2) As 11sed in this seetion, "housing for senior eitiz!ens" means Reworded and relocated to Definitions Section 21.84.030 -
10 housing: 21.84.030 Definitions
A. For the f!.Ur[!_oses o(this cha{!_ter1 the terms used herein relating to the {!_rovision o[
housing for senior citizens are defined as follows:
5. Housing [pr Senior Citizens. "Housing for senior citizens" means a
housing communitJ!.:
Note: Definitions A. l. to A.4. are new definitions, see Ref. No. 14 below.
W Provided under any state or federal program that the Secretary Minor change -now 21.84.030.A.5.a. (Definitions).
11 of Housing and Urban Development determines is specifically designed This is a Federal Fair Housing Act definition for senior housing. Staff recommends changing
and operated to assist elderly persons for senior citizens (as defined in the term "elderly persons" to "senior citizens" to be consistent with terminology used
the state or federal program); throughout the housing for senior citizens chapter.
~ Intended for, and solely occupied by, persons sixty-two years of No change-now 21.84.030.A.5.b.
12 age or older; or This is a Federal Fair Housing Act definition for senior housinJ?:.
~Intended and operated for occupancy by at least one perso°=! With regard to (C) -Definition modified to be consistent with State and Federal law (now
fifty fi•re 55 years of age or older per UBit if the follo•.¥ieg faetors are Section 21.84.030.A.5.c.).
showel-1 and where the housing_ [.acilit!_ is consistent with the defl.nltion
13 o[.a "senior citizen housing_ deve/o{!_ment". With regard to (C)(i) -Pursuant to an amendment to the Federal Fair Housing Act in 1995, the
(i) +he eM:isteeee of signifieant faeilities aea seFYiees speeifieally requirement for "significant facilities and services ... " was deleted from the Act. This is no
-' .. . . --. . -. ,. .. ---:c.-• longer a requirement of Federal law, however, staff recommends "encouraging" these services ·--· --' --·-
2
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chanter 21.84
preyisien ef sueh faeilities and set=Yiees is net pEaetiealJle, it RlUSt he (i.e. social programs, education, health care programs, etc), but not require them (now Section
shewn that sueh heusieg is aeeessary te previde impertaat heesieg 21.84.060).
eppemmities fef eldef peFSees,
(ii) =Rlat at least eighty peFeeat ef die 11Rits are eeeapied hy ef feSl!f\~d With regard to (C)(ii) -The 80% occupancy by persons 55 years of age or older is a
fof eeeapaeey hy at least eae persee fifty fi11e years of age Of olEleF peF requirement of the Federal Fair Housing Act (now 21.84.030.A.7.a.ii.).With regard to qiii)-
BRil;and the "publication, and adherence to, policies and procedures ... " is a requirement of the Federal
(iii) +he p0hlieaaee ef, and adheFeeee te, pelieies aed pFOeedufes Fair Housing Act, which refers to policies and procedures regulated by the Secretary of
13 .\'lftieh demeastFate ae iateat hy die eWllef ef maeagef te pFe•fide heesieg Housing and Urban Development. The City does not regulate the referred to policies and
cont. fof perseas fifty fi>i•e yeHs ef age Of eldef. procedures, therefore, staff is recommending this requirement be deleted. Pursuant to State
Sigeifieaat faeilities and seFYiees speeifieaUy designed te ~et die law and the proposed new housing for senior citizens chapter, CC&Rs must be recorded that
physieal ef soeial eeeds ef eldef peFSoas iaellMie, hut are net limited te, specify age restrictions, which will demonstrate an owner's intent to provide housing for
seeial and FeeFeatioeal Pf8gMIBS, eoatie&ieg edu.eatiee; iafeflllatiee and persons 55 years of age or older.
eeueselieg, Feefeatioeal, hememakef, outside maiateeaeee and Fefeffal )
seFYiees, and aeeessihle physieal ew,iifoameat, emeFgeaey and
pFeYeetati>,e health eare pFa8f81RS, eaegregate Eliaieg faeilities,
tl'aaspaftatiae ta faeilitate aeeess te saeial seFYiees and seA•iees desigeed
te eeeauFage aed assist Nsideets te use die seFYiees and faeilities
a•,iailimle te them. +he housieg faeility eeed eat ha•,ie all of these fi!atufes . .. r . ·~ ·---·
NEW DEFINITIONS per State and Federal law (Section 21.84.030 Definitions):
1. Cohabitant. "Cohabitant" re(!rs to e,ersons who live tog_ether as
husband and wi{!1 or e.ersons who are domestic 11.artners within the meaning_ of.Section 297
of.the Family_ Code.
2. Disabili!J?,. "Disabili!l," means any_ mental or 11.hy_sical disabilitl,
as defi.ned in Section 12926 of.the Government Code.
3. Housing_ (Dwelling_ UnitA. "Housing_" or "dwelling_ unit" means
any_ residential accommodation (!ental unit or (pr-sale unitl desig_ned (pr occue.ancy_ by_ a
senior citi'l,.en or fJ..Ualifving_ resident1 and each unit having onl£ one kitchen1 excluding_
mobile homes in a "senior citizen housing_ develou.ment".
4. Housing_ Communi!J?.. "Housing_ communi!l," means any_ dwelll
14 or g_roue. o£dwelling_ units governed by_ a common set of.rules1 reg_ulations or restrictions. n
e.ortion or e.ortions of.a single building_ shall not constitute a housing_ conrmuni!J?,.
6. Senior Citi!,!_n. "Senior citi!,!_n" means:
a. a e,erson 62 y_ears o£ag_e or olderi or
b. a e,erson 55 y_ears of. age or older in a "senior citir,,en
housing_ develoe.ment".
7. Senior Citir,,en Housing_ Develoe,ment. "Senior citi!,!_n housing_
develoe,ment" means:
a. a residential develo11.ment· develo11.ed1 substantially_
rehabilitated1 or substantially_ renovated1 (pr e.ersons 55 y_ears o(ag_e or older1 that has:
L at least 35 dwelling_ units (!ental or (pr-sale
unitsli and
ii. at least 80 11.ercent o[the occu11.ied dwelling units
occunied bv at least one nerson who is 55 vears of ave or older.
3
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
B. The fpllowing_ defl.nitions shall only_ at!J!.lY to a "senior citizen housing_
develof!.ment":
J. Quali[l!,ing_ Resident. "Qualifving_ resident" means a f!.erson
55 years of age or older in a senior citizen housing develof!.menL
2. Qualifl.ed Permanent Resident. "Qualifl.ed f!.ermanent resident"
!!!!!!.!lE.
a. A f!.erson who meets both o[the (pl/owing reg_uirements:
L Was residing_ with the g_uali[l!,ing resident f!.rior
to the death1 hosf!.ilalization1 or other f!.rolong_ed absence of,_ or the dissolution ofmarriag_e
with1 the g_ualifr.ing_ residentj and
iL Was 45 y_ears of age or older1 or was a Sf!.OUseJ
cohabitant1 or f!.erson f!.roviding_ f!.rimary f!.hysical or economic SUl!.l!.Orl to the g_uali[l!,i
14 resident. .
cont. b. A disabled f!.erson or f!.erson with a disabling illness or
iniury who is a child or grandchild of the g_uali[ving_ resident or a g_ualifl.ed f!.ermanent
reside11t1 who needs to live with the g_uali[ving resident or g_ualifl.ed f!.ermanent resident
because of the disabling_ condition1 illness or iniury.
3. Permitted Health Care Resident. "Permitted health care
resident" means a f!.erson hired to f!.rovide live-in1 long_-term1 or terminal health care to a
g_uali[ving_ resident1 or a family member of the g_uali[l!,ing resident f!.roviding_ that care. The
care f!.rovided by a f!.ermitted health care resident must be substantial in nature and must
f!.rovide either assistance with necessary daily_ activities or medical treatment1 or both.
Note: State law definition does not include the terms "rental units" or "for-sale units", staff
recommends the terms be added to the definition of "senior citizen housing development" to
provide further clarification that the regulations apply to both rental and for-sale senior
housing
~In a "senior citizen housing develof!.ment"1 Y!!J)on the death, Wording slightly modified to be consistent with State law -now 21.84.100.D.2 (Additional
dissolution of marriage, or upon hospitalization or other prolonged Requirements)
15 absence of the qualifying resident, any qualified permanent resident, as
defined in this chaf!.ter and by Section 51.3 of the California Civil Code,
shall be entitled to continue his or her occupancy, residency or use of the
restricted dwelling unit as a permitted resident. This l!.rovision shall not
ann/v to a nermitted health care resident:
(3) A seeier eitIBea heusiag prejeet shall ebserve the fulle'>viag Development standards now part of Section 21.84.060 (Development Standards and Design
16 de•1elepmeBt staBdards: Criteria)
(A) AU seBier eitIBeB heusiBg prejeels are reEfUired te Housing (pr Wording slightly modified-now 21.84.060.A (Development Standards and Design Criteria)
senior citizens shall comply with all applicable development standards of
17 the underlying zone, except those which may be modified herein or as an
additional incentive granted pursuant to Chapter 21.86 of this codet
4
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
(-B) In the coastal zone, any seniof eiti.!ea h011siag project processed Wording slightly modified-now 21.84.060.B (Development Standards and Design Criteria)
18 pursuant to this seetioa chapter and Chapter 21.86 of this code shall be
consistent with all certified local coastal program provisions, with the
exception of density.
(4t-Parking fef a seniof eiti.!ea housiag p£ojeet shall be provided To clearly identify all the requirements for parking in one location, staff recommends stating
pUFsuaat to Seetion 21.44_g2g(a)(9) anEl is subjeet to the fellowing the standard for required number of parking spaces, rather than referencing the parking
eoaElitions as follows: chapter. Also, changed ''tenants" to "residents" for consistency.
J. A minimum of.one covered space per eve!f unit1 plus
one covered space for an onsite manag_er's unit (when providedl1 and
19 one guest parking_ space per eve!f fl.ve unitsi and
f.At-Whenever possible, parking spaces should be laid out at either a
thirty, forty-five or sixty degree angle;
~ Required parking spaces shall be available to the tell8:Bts
residents of the project at no fee.
(5) +he seniof eiti.!ea h011sing pfojeet shall ehset=Ye the fello1.viag Design criteria now part of Section 21.84.060 (Development Standards and Design Criteria)
20 A ,_
W To the maximum extent feasible, architectural harmony, through No change-now 21.84.060.D (Development Standards and Design Criteria)
the use of appropriate building height, materials, bulk and scale within
21 the development and within the existing neighborhood and community
shall be obtained;
~ The building(s) shall be finished on all sides with similar roof No change -now 21.84.060.E (Development Standards and Design Criteria)
22 and wall materials, colors and architectural accent features;
(Gj Laundry facilities must be provided in a separate room at the Minor change -now 21.84.060.F (Development Standards and Design Criteria)
ratio of one washer and one dryer for every twenty-five U:U._dwelling
23 units or fractional number thereof. At least one washer and one dryer
shall be provided in every seni.of eiti.!en housiag project. Washers and
dryers may be coin operated;
€Q) Gemmen ai:eas shall lie Pf6·,•ieee m the semef eiti.!ea housing Reworded to incorporate language from State law, and reformatted to clarify and make easier
pfojeet +he eommon aFeas that a£e p£OddeEI shall ~e desigaed to make to read -now 2 l.84.060;H (Development Standards and Design Criteria). I
these aFeas useful and fueetianal fe£ resiElems. Bumples of eofflfll8n The provision to allow the size of a common room to be reduced if adjacent to outdoor
aFeas iBeluEle but afe aet limited t~ the fello,; .. mg: a reefeatiee soeial space is recommended to be deleted. Due to physical limitations or personal preferences,
Feom; a eemmoe eeoking aaEI dining faeility, passi•fe open spaee and some seniors may derive more use and enjoyment from an indoor common room than they
feaeiBg,tPt rootHS. +he tetal amooot of eemmen area £equireEI iR eaeh would from outdoor open space. In addition, outdoor space is not useable during inclement
seniof housieg pFojeet shall be RO less thaa w,emy SEJUftfe feet pef weather. Therefore, the size of the required indoor common room should not be compromised
e•Nelliag ueit. Gemme& spaee eJEeluEles all staifweUs aed any baleenies of in exchange for outdoor space.
24 less than feny squaFe feet. +he si.!e of the reereatioBkoRIIBIHlity soeial H. Housing_ for senior citizens shall be desig_ned to encourage social contact
foom may be appFopfiately reeueeEI if it is loeated aEljaeeat to usable it providing_ a minimum of.one common room1 which maf include1 but is not limited to1 a
outdoof spaee. AEljaeent toilet faeilities fof mee aaEI •nemea shall be recreation/social room1 a common dinint:, [.acili!l, or a readinr/I.V room. Common open
pt=e•,.iEleEI. YHless ~ ln1ilamg is sefYieeEI hf BR ele-.ret8f, the space shall also be erovided1 which mat include1 but is not limited to1 communi!l, gardening_
reet=eati0Weemm1:HHey seeial roam shall be leeateEI eft the gr:eUBEI areas or open landscaped areas with walkwais and seatint:,. Common areas shall be
fleet:;-.-desit:,ned to ensure that Iha_ are use{Jtl and {Jtnctional (pr residents1 and shall com(!_/[ with
the followinv:
5
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
1. The minimum amount o[. common area reg_uired in each e,roiect shall be
no less than twen!f. (20l sg_uare (.!!et 11.er dwellinr. unitj
24 2. Common Sl!,ace excludes all stairwells and anr. balconies o(.less than f!l!!J!.
cont. (40l sg_uare {!!etj
3. Unless the building_ is serviced hr. an elevator1 common rooms shall be
located on the ground (loorj and ,. Adiacent toilet facilities for men and women shall be nrovided.
Section 21.84.060.1 incorporates requirements found in current standards (see Ref. No. 13
above)-
L In addition to tire common areas described above1 additional services and
11.rograms are encourar.ed1 but not re9.uired1 to be included in all f!.roiects to meet th,
f!.hr.sical and social needs o[. senior citir,,ens. Such desirable services and f!.rograms m
25 include1 but are not limited to1 the following:
]. Social and recreational 11.ror.rams;
2. Continuing education1 in(prmation and counselinr. services;
J. House cleaning/cooking ,. Inside/outside maintenance services;
5. Emerz.encr, and f!.reventative health care e,rogramslservicesj and
6. Transnortation services.
fB) A manager's unit is R!eemmeeded to \Je ieeluded shall be Now 21.84.050.G (Development Standards and Design Criteria). Amended to be consistent
e,rovided in every seeier eitii!ee heusieg project of 16 or more units with California Code of Regulations Title 25 (State Housing Law Regulations -Article 5,
(rental proiects only). If preYide~ t,lhe manager's unit shall be a Section 42), which requires a manager or other responsible person to reside upon the premises
26 complete dwelling unit and so designated on all plans. ~.II seeiof eitii!en of every apartment development that has 16 or more apartments.
heusieg prejeets "Arhieh do e.et har.•e 8ft on site manageF shall pFoYide a
posted phone numbef of the _P_Fojeet OWRef Of off' site managef fof
--; -· (F) All \Juildings eJteeedieg two stories shall iaelude ele..,aters. Replaced with access requirements per State Law -now Section 21.84.060.J, K, L, M
(Development Standards and Design Criteria) -
J. Access to all common areas and housing_ units within a f!.roiect shall
f!.rovided without use o[.stairs1 either br. means o[.an elevator or slol!,ed walking_ rame,s.
K. Ent!.F,war.s1 walkwar.s1 and hallwar.s in the common areas1 and doorwar,s and
e,aths o[_access to and within the housing units1 shall be as wide as reg_uired hr. current laws
a1!.f!.licable to new multi[.amilr. housing_ construction (pr 11.rovision o[.access to e,ersons using_
27 a standard-width wheelchair.
L Walkwar,s and hallwar.s in the common areas shall be eg_uif!,e,ed with standard
heig_ht railings or grab bars to assist 11.ersons who have dif1icul!f. with walking_1 and shall
have lir.hting conditions that are o[. su{ficient brig_htness to assist f!.ersons who have
dif.i.cultJ!.. seeing_.
M. Trash collection containers shall be 11.rovided in an easilr, accessible location
and in manner that reg_uires a minimum o[f!.hf..slcal exertion br, residents. Trash collection
containers shall also be COlnf!.letelr. screened and located as inconspicuouslr. as f!.Ossible.
Trash enclosures shall be of similar colors and materials as the main buildinv.
6
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
~ Dwelling units iR seRier eiti2leR heusiRg Jlrejeets shall ehse£¥e be Wording slightly modified -now 21.84.060.N (Development Standards and Design Criteria)
provided with the following reE}uiremeRts:
W Tubs and/or showers shall he equipped with, or adaptable for, at
least one grab bar;
28 (St-Tubs and/or showers shall he equipped with temperature
regulating devices;
~ Tub er shevler hettom surfaees shall he slip 1esistaRt Slip
resistant tub and/or shower bottom sur£acesj and;
fl}-}-Peepholes in entry doors;
(B) AU Jlrejeets are reEtUireEI te eemply v;ith +itle ;!4 ef the State E & F replaced with language from State law-now 21.84.060.P (Development Standards and
BuilEliRg Gede (l}isahled ,Aeeess Regt!latieRs); Design Criteria) -
(I') AU seRior eiti2leR \lRits IB\ISt eoRferm te the FeEtUiremeRts ef the P. Housing for senior citil,_ens shall comely_ with all applicable building_ a,.
apJ!lieahle huildiRg aREI heasiRg eedes. housing_ codes1 and reg_uirements for access and design imeosed by_ law1 including,_ but not
29 limited to1 the Fair Housing_ Act (42 U.S.C. Sec. 3601 et seg_.!1 the Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seg_.i1 and the regulations o[ Title 24 oi the
Cali[ornia Code 0£ R~ulations that relate to access for persons with disabilities or
handicaes. Nothing in this section shall be construed to limit or reduce any_ rig_ht or
oblif!ation annlicable under those laws.
NEW PER STATE LAW to encourage incorporation of Universal Design principles in
design of senior housing -Section 21.84.060.0 (Development Standards and Design Criteria)-
0. The desig_n o[housing_ for senior citiT,.ens should1 to the extent eracticahle1
imelement the principles o[. Universal Desig_n as currently_ established br. the Center for
30 Universal Design at the North Carolina State Universitv. or any_ other residential desig_n
elements for seniors that may_ currently_ be established bl!, the California Del!,arlment o[
Ag_ing_. Universal Design l!,rinciples encourage building_ design with accessible and
adae.table (j!atures that are universallr. usable by_ most eeol!,le regardless o[. their level o[
abilitJ!. or disabilitJ!... Exameles o[ Universal Design are as follows:
1. A dwelling_ unit should he designed to he accessible or adaetah/P
for disabled accessj l
2. An adaetable dwelling_ unit has all accessible {!!atures that a [.,xed
accessible unit has but allows some items to be omitted or concealed until needed so the
dwelling_ unit can be better matched to individual needs when occueiedj and
3. In an adaf!.table unit1 wide doors1 no slef!.S1 knee Sf!.aces, control
and switch locations1 grab bar rein[orcing_ and other access (j!atures must be built in. Grab
bars1 however, can be omitted and installed when needed. Knee seace can be concealed by_
installing_ a removable base cabinet that can he removed when needed. Counter tO{!:'i and
closet rods can be elaced on adiustable SUl!J!.orts rather than [_,xed at lower heights as
reg_uired for wheelchair users.
7
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.04S New Chapter 21.84
f7j Upon written request by an applicant, and in return for his Wording modified -now 21.84.070.B (Inclusionary Housing Requirements and Density
agreement to develop and operate the !! semar ei.tIBen housing project in Bonus Provisions).
accordance with this seetieR chapter and Chapter 21.86 of this code
31 (residential density bonus), the final decision-making authority shall Clarification added that approval of density bonus granted if project complies with
allow an increase in the number of dwelling units permitted per acre requirements of Chapter 21.86. With the addition of this language, the conditions of approval
(density) suhjeet to the fellawieg eonditians:1 provided the reg_uest (!'r (A & B) are recommended to be deleted. Conditions A & B duplicate the requirements stated
densitv bonus comolies with the requirements of Chanter 11.86. in Chapter 21.86. It is not necessary to state them numerous times throughout the code.
(A) A mimmum inerease af tv,•emy fi•,•e JJereem 0•,•er the gr0¥Ah Recommended to be deleted (see Ref. No. 31 above).
eontrol poim af the aJJJJlieahle geHeral JJlan desigHatioo er the atherwise
32 ma*i:mum allo•11ahle residential dwelling unit density as speeified by the
applieable master JJlaR or speeifie plan, at the time af aJJJJlieatiaR,
eansisteet with Seetian 21.86 afthis eade; )
(B) All • ~Hier eitIBeR heusieg JJmjeets reEfUestieg a residential Recommended to be deleted (see Ref. No. 31 above).
33 density banus shall eeffiJJly with the reEfUiremems af CbaJJter 21.86 af
this eode;
(C) Any seniar eitiiren heusing market-rate rental or (!'r-sale Wording modified -now 21.84.070.A (Inclusionary Housing Requirements and Density
project constructed pursuant to this seetieR chapter awl/er reEfUesting a Bonus Provisions).
residential density banus pursuant ta ChaJJter 21.86, shall be required to
34 comply with the inclusionary requirements for residential developments Staff recommend removing the reference to a density bonus from the requirement for
in Chapter 21.85 of this code. Nat less than fifteeR (JSJ JJereem af all inclusionary housing. The requirements for a density bonus are specified in 24.84.070.B (see
8JJJJF0¥ed umts in any seaiar eitIBeR hausing JJrejeet shall be !iel aside for Ref. No. 31 above). Also, staff recommends referring to the inclusionary housing chapter for
1... _. .11 1 ~~ .. .. _ 1 . ... _ the percentage requirement, rather than specifying it in the housing for senior citizens chapter. -·-·--·
35 ft» Aoolication Process submittal and re•;ie•.v is as fello•Ns: Now Section 21.84.080 (Application Process)
fB Preliminary Review Application7 :...A de>,•el9JJer afa senior eitIBen Wording modified -now 21.84.080.A (Application Process).
housing JJrejeet shall submit a preliminary review application mav be
submitted prior to the submittal of a formal reEfUest fer aJJJJr0•1al New wording recommended to clarify a preliminary application is not required unless a
36 application {!'ote -i[the project includes a reg_uest (!'r a densi~ bonus1 density bonus is requested, as required by Chapter 21.86 (Density Bonus).
a preliminarr_ review application is reg_uiredl. The preliminary review
application shall include the following information:
(A} A brief description of the proposal including the total number of No change -now 21.84.080.A. l .a (Application Process)
37 senior units, density bonus units and affordable senior units prooosed;
(Bf-The zaniRg, general plan and zoning designations._ and assessors Wording slightly modified-now 21.84.080.A.l.b (Application Process)
38 parcel number(s) of the project site;
(C)-A site plan, drawn to scale, which includes: building footprints, Minor change -now 21.84.080.A. l.c (Application Process).
39 driveway and parking layout, euileiRg elevations, existing contours and To be consistent with City's preliminary review application submittal requirements, "building
prooosed IU'ading; and elevations" are recommended to not be required.
~ A letter identifying what specific incentives (i.e.; density bonus, Wording slightly modified-now 21.84.080.A.l.d (Application Process)
40 standards modifications or financial incentives) are being requested of the
citv. if anv.
8
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
Afl.er review of. the 11.relimina!J!. al!.l!.lication1 Within lhiRy days ef Wording slightly modified-now 21.84.080.A.2 (Application Process)
FeceijJt of the preliminafY applicatian hy the plamliag depamnem; the
41 11.lanning department shall provide to an applicant a letter identifying
project issues of concern to staff, and the incentives or assistance that the
planning director can support when making a recommendation to the .
final decision-making authority.
~ Apfllicatian. +he site deYel9flment fllan (SI)P} apfllKlatien Replaced with 21.84.080.B & B.2 (Application Process) -
fof a senior citizen heusing pFeject shall be prncessed alang •:,<ith all B. Formal A11.11.lication -a 11.ro11.osal to deve/011. housing (pr senior citi;_ens shall
etheFwise Fequired pfeject applicatian(s} as prnYided herein with Fegard be 11.rocessed under a site develo11.ment /!..Ian (SDPl al!.l!.lication in addition to anf otherwise
ta the medificatioa of e~dsting standafds Bf ether additianal incefltir1es. If re9..uired a11.1!.lication(sl (j.e.1 tentative ma11.s1 l!.arcel maf!.s1 11.lanned unit develo11.ments1 etc.J.
the application iw,rol>,•es a Fequest faI: difect finaecial incenti¥es, then any Tire site develof!.ment f!.lan af!./!_lication shall be 11.rocessed according to the 11.rovisions rs-
action by the pla11Hing cammissioe ee the application shall he ad'lisery Chaf!.ler 21.06 of. this code1 excluding_ Section 21.06.020 (bl {!l1 (2l1 (JJ and (4l, T,
42 enly, and the city cmmcil shall ha•,e the autherity te make the final flnding_s (pr al!.l!.roval o[.a site develo11.ment 11.lan (pr housing_ (pr senior citi;_ens are s11.eci(led
decisioa on the applicatian. in Section 21.84.090 o[.this chapter.
1. I[. the 11.ro[ect involves a re9..uest (pr flnancial incentives {tom the Ci!J!.1 then
anl:'. decision on such a re9..uest shall be made bf the Cit.J!. Council u11.on recommendation
{tom the Housing Commission. In addition1 i[the 11.roject involves a re9..uest (pr flnancial
incentives tl1en the Cit£,. Council shall have the authorit.J!. to make the (lnal decision on the
site development 11.lan and other related develof!.ment al!.l!.lications (i.e.1 tentative ma11.s1
parcel maf!.S1 f!.lanned unit develof!.ments1 etc.J1 af!er consideration o[. a recommendation
from the Planninl! Commission.
(J) Submittal. Submittal requirements have been incorporated into the Application Process -Section
43 21.84.080.B. l
W +he 4 completed application fof a senief citi;;i;ee hausing pFeject Now 21.84.080.B.l Wording modified to clarify that the information required to be submitted
44 requesting a density beaus, medificatien ef de•1elopment standafds ef is not just required when there is a request for a density bonus, etc. Any application should
ether additional iecentiYes shall include the following information: include the required information.
(B A legal description of the total site proposed for development No change -now 21.84.080.B. l .a (Application Process)
45 including a statement of present ownership and present and proposed
zoning;
(ii} I[.a densit.J!. bonus or other incentives are re9..uested1 a A letter Wording modified to clarify that this requirement is only necessary when a density bonus or
shall be submitted signed by the present owner stating how the project other incentive is being requested -now 21.84.080.B.1.b (Application Process)
46 will comply with Government Code Section 65915 and stating what is
being requested from the city, (i.e. density bonus, modification of
development standards or other additional incentives);
(iii) Site plans and other supporting plans (i.e., a landscape plan, No change -now 21.84.080.B.l.c (Application Process)
47 building elevations and floor plans) per the city's application submittal
requirements;
(i¥} A detailed vicinity map showing the project location and such No change -now 21.84.080.B.l.d (Application Process)
details as the nearest market, transit stop, park or recreation center,
48 medical facilities or other related uses and services likely to be patronized
by senior citizens;
9
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
M A set of floor plans for each different type of unit indicating a No change -now 21.84.080.B.l.e (Application Process)
49 typically furnished apartment, with dimensions of doorways, hallways,
closets and cabinets;
(Yi) A set ef fiFSt fleer plaa floor plan of the first floor or other floor Wording slightly modified -now 21.84.080.B. l .f (Application Process)
50 showing any common areas and accommodations and;
51 ~ A monitoring and maintenance plan. No change -now 21.84.080.B.l.g (Aoolication Process)
New requirement recommended -21.84.080.B. l .h (Application Process)
52 h. Ant additional infprmation reg,uired as e.er the Ci~'s aoolication
submittal reauirements.
(B) 1ft the ease ef a reEtUest fer a mediiieati0B ef deYelepmeat Recommend to be deleted. Pursuant to Chapter 21.86 (Density Bonus), an applicant is not
staft06Fds er ether aEIElitieaal iooeftti¥es, the applieaat shall ee required te required to demonstrate a density bonus is necessary to make a project economically feasible:'
53 soomit a pfejeet pre feml& fef the pFepesed pfejeet te deRl0asa:ate that Chapter 21.86 states that a density bonus shall be granted if an applicant agrees to restric\
the staadafEls medifieatieft aaEl,lef ether reEtUested illeeati•1e is eeeessary minimum number of units for seniors or as affordable to low income households. ·-. .. .. ~ . ..
·-~-
~ At the time of plan submittal for building permits, the applicant No change -now 21.84.080.B.3 (Application Process)
shall submit a set of detailed drawings for kitchens and bathrooms
54 indicating counter and cabinet heights and depth, type of pulls, faucets,
grab-bars, tub and/or shower dimensions, and handicapped tum space
where appropriate.
(4) Rtwie•,•;. +he pl&BBiBg direeter shall e'lllluate the FeEtUest aad Replaced with Section 21.84.090 (Findings for Approval) -
make fiftdings aftd reeemmeadatiefts eased upea the fellewiag eriteria: 21.84.090 Findings (pr Al!,f!_roval
55 A. A site develoement elan (pr housing (pr senior citir,_ens shall be af!.f!.roved onlt
if the fol/owinl! findinl!s are made:
(A) +he seftier eitraea he1:1siag pfejeet helps aehie1,re the eiey's seaier Findings have been reworded to incorporate the required findings for a site development plan
and affefElele he1:1sieg geals as set ferth ie the heusiag elemeat ef the in Chapter 21.06. The fmdings from Chapter 21.06 havfi been reworded for clarification.
general fJlaft; This fmding has been replaced with a finding that includes consistency with general plan
as a whole, as well as the zoning ordinance, LCP, etc -Section 21.84.090.A.l (Findings for
56 Approval)-
I. The erolect is consistent with the various g_oals1 oblectives1 f!.Olicies a,
erog_rams o[ the General Plan1 and the erovisions of Municieal Code Title 21 (Zoning
Ordinancel1 the Local Coastal Program (if af!.f!.licablel1 and/or the l!,rovisions o[ an
af!.f!.licable master or seecific l!,lani
(B} +he eeesiey eelllls aad,ler adeitieaal ieeeftti•,•e(s} must ee Recommend that this requirement be modified (see Ref. No. 53 above). Finding replaced with
aeeessary te make the prejeet eeeaemieally feasiele; Section 21.84.090.A.6 (Fit\dings for Approval)-
57 6. The reg,uest (pr a densi~ bonus and/or additional incentive(sl is
consistent with the erovisions ofChaeter 21.86 of this code. (This finding shall onlt a11J!.ll to
aroiects reauestinP a densitv bonus and/or additional incentives).
10
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
~ The senior eitii!ieR hol!Si&g project shall not result in density or Modified to incorporate language from the findings for a site development plan -now Section
design that is incompatible with other land uses in the immediate vicinity& 21.84.090.A.4 (Findings for Approval).
and the l!,ro[ect will l!,rovide and maintain all r.ards1 setbacks1 walls1
58 (J!nces1 landscal!,ing_1 and other (J!atures determined necessaa, to l!,rovide
coml!,atibilitJ!, with existing_ or l!.ermitted £uture uses in the
neif!hborhood·
(Q) +he senior e~ee housing prejeei eomplies •nidt the general Wording modified -now Section 21.84.090A.l (Findings for Approval). See Ref. No. 56
59 plae, 15oeieg, eertifiea loeal eoasml pregram IHMi ae•1elopment polieies of above. .. ,._ ,. ,... ._. .J _. !-••• r,L .,,1 nr i",L• ... --' ----·-~ --
Proposed additional findings per findings for a site development plan -Section 21.84.090.A.2,
3, and5-
2. The l!,ro[ect site is adeg_uate in si;,e and shal!.e to accommodate t.
l!,rOl!,OSed l!.ro[eeli
3. The l!,ro[ect is l!.rOl!.erlJ!. related to and will not adverselr. ime,act the site,
60 surrounding_s and environmental setting_s1 and will not be detrimental to existing_ U§.es
Sl!.ecifl.callJ!. l!,ermitted in the area in which the l!.ro[ect is to be locatedj
5. The street ~stem serving_ the e,rol!,osed l!,ro[ect is adeg_uate to l!tOl!,erlJ!.
handle all traffic f!enerated bv the oroiect· and
f§) Pfeeessieg. AIJ seRier eitti!!ee housing prejeee shall _ he gitJee Recommended to be deleted. All development applications are processed consistent with the
61 priority ie proeessieg. City's application processing requirements and state mandated timelines. No project is given
priority over another based upon the "type" of development proposed.
62 ,_, 1'1 . -,. . . . . . . Replaced with Section 21.84.110 (Monitoring and Reporting Requirements). ----··-
tl-)-To assure compliance with the age requirement of this chapter, all Minor change -now 21.84.110.A (Monitoring and Reporting Requirements).
applicants/owners of senior citizen housing projects shall be required to
63 submit, on an annual basis, an updated list of all project tenants and their Propose to require the annual monitoring report to be submitted to the Planning Director,
age to the city's -' -' . Planninfl Directort. rather than Housing and Redevelopment.
(t:) +his seetioe is ie*8ftaea to eomply 1NHh s~ IHMi feaeral laws Replaced and expanded upon with Section 21.84.020 (Purpose). See Ref. No. 2 above.
64 ..... --'·" '.-L --...
The following are NEW REQUIREMENTS PER STATE LAW -
21.84.100 Additional Reg_uirements.
A. No housing_ develol!,ment constructed l!.rior to Januaa, 11 19851 shall £ail to
g_ualilv as a "senior citizen housing_ develol!,ment" because it was not orig_inallJ!. develol!,ed or
l!,Ut to use (pr occul!,anfJ!_ bJ!. senior citiT,.ens.
B. Anr. l!.erson who, on Januaa, 11 19851 had the rig_ht to reside in1 OCCUl!,J!., or
65 use housing_ that is sub[ect to the l!,rovisions (pr a "senior cilil£.n housing_ develol!,ment" in
this chal!,ter and Califprnia Civil Code Sections 51.21 51.3 and 51.41 shall not be del!,rived o(
the rig_ht to continue that residencr.1 occue,anfJ!_1 or use as the result o£the im11,lementation o(
this cirae,ter.
C. Anr. e,erson who is not 62 r.ears o£ag_e or older1 and who, on Se11,tember 131
19881 had the rig_ht to reside in1 occUf!.'f., or use housing_ that is restricted to occuf!.ancr. br.
e,ersons 62 r.ears o{. ag_e or older1 shall not be de11,rived ol the rig_ht to continue that
residencr.1 occuf!.ancr. or use as a result o£the iml!,lementation o£this cha11,teri l!,rovided that
all new occuoants are oersons 62 vears of aee or older.
11
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
D. A develof!.er o[housing_ (pr senior citir,,ens shall establish a homeowner•s
association1 board o[ directors1 or other g_overning_ bodr.,, and corresf!.onding_ covenants1
co11ditions and restrictions or other documents or written f!.Olicr.. Said CC&Rs or other
documents or written f!.Olicr. shall be submitted to and af!.f!.roved hr. the Planning_ Director
and recorded f!.rior to issuance o[ a building_ f!.ermit. At a minimum1 the CC&Rs or other
documents or written f!.Olicr. shall set (prth the (pllowing_:
' 1. Limitations on occuf!.ancr,. residencr. or use on the basis o[ag_ej
a. Anr. such limitation shall not be more exclusive than to
reg_uire that:
i. each f!.erson in residence in each dwelling_ unit
be reg_uired to be 62 r.ears o[ag_e or olderj or
ii. in a "senior citir,,en housing_ develof!.ment" each
f!.erson in residence in each dwelling_ unit be reg_uired to be a senior citir,,en or g_uali[f,it l reside11t1 and that each other resident in the same dwelling_ unit mar. be reg_uired to be ..
g_ualifled f!.ermanent resident1 a f!.ermitted health care resident1 or a f!.erson under 55 r.ears
o[ag_e whose ocCUf!.ancr. is f!.ermitted under Cali(prnia Civil Code Section 51.3 (hi or Section
51.4 (bii
b. The limitations on occuf!.ancr. mar. allow (pr occueancr.
o[units hr. emelor,ees o[the housing_ commu11itr. (and [amilr. members residi11g_ in the same
uniti who are under 62 r.ears o[ag_e1 or who do not g_uali[v as a g_uali[ving_ resident1 erovided
th!J!. eer(prm substantial duties directlr. related to the manag_ement or maintenance o[ the
65 housing_ communitJ!.j
cont. c. The limitations on occueancr. (pr housing_ that is
intended [or1 a11d solelr. occuf!.ied br.,, f!.ersons 62 r.ears o[ ag_e or older1 shall not be less
exclusive than to reg_uire that the f!.ersons commencing_ anr. occuea11cr. o[a dwelli11g_ unit be
62 r.ears o[ ag_e or older1 excluding_ occuf!.ancr. hr. f!.ersons f!.ermitted f!.Ursuant to Section
21.84.l00C. and D.l.b1 abovej
d. In a "senior citir,,en housing_ develo[!.me11t"1 the
limitations on occuf!.ancr. mar. be less excusive than stated above1 but shall at least reg_uire
that the f!.ersons commencing_ anr. occuf!.ancr. o[a dwellillg_ unit include a g_uali[ving_ reside
who intends to reside in the unit as his or her erima!J?. reside11ce on a eermanent basisj
e. In a "senior citir,,en housing_ develo[!.ment"1 the limitation
on occuf!.ancr. mar. result in less than1 but not less than 80 f!.ercent1 all o[the dwelling_s beitig_
actuallr. occuf!.ied hr. a g_ualifving_ residentj
2. In a "senior citir,,en housing_ develof!.ment"1 ueon the death1
dissolution o[ marriag_e1 or Uf!.On hosl!,italir,,ation1 or other f!.rolong_ed absence o[ the
g_uali[v_ing_ resident1 anr. g_ualifl.ed f!.ermanent resident1 as deflned in this chaf!.ter and Section
51.3 o[ the Cali(prnia Civil Code1 shall be entitled to continue his or her occuf!.ancr.1
residencr,. or use o[the dwelling_ unit as a f!.ermitted resident. This f!.rovision shall not af!.f!.lr.
to a f!.ermitted health care residentj
3. In a "senior citiT,.en housing_ develof!.ment"1 a f!.ermitted health
care resident shall be entitled to occuf!.r. a dwelling_ unit during_ anr. f!.eriod that the f!.erson is
actuallr. f!.roviding_ live-in1 long_-term1 or hosf!.ice health care to a senior citir,,en or g_uali[l!,ing_
resident for comnensation which includes the orovision of lodl!inl! and food in exchanf!e
12
Ref. Amendments to Current Senior Housing Regulations Explanation of Proposed Amendments and New Regulations
No. Section 21.18.045 New Chapter 21.84
(pr carej
4. In a "senior citi;,en housing_ develo[!_ment"1 ueon the absence o(
the g_ualifJ!.ing_ resident1 a eermitted health care resident shall be entitled to continue his or
her occueancr,1 residencr,_ or use ol the dwelling_ unit onlr. it ai the g_uali[ving_ resident
became absent (!om the dwelling_ unit due to hoseitali;,ation or other necessa!1_ medical
treatment and exeects to return to his or her residence within 90 dar,s (!om tire date the
absence beg_anj and bi the absent g_ualifJ!.ing_ resident1 or an authori;,ed l!,erson acting_ (pr
the g_uali[ving_ resident1 submits a written reg_uest to the owner1 HOA1 board o[directors1 or
other governing_ bodr, stating_ that the g_uali[ving_ resident desires that the eermitted health
care resident be allowed to remain in order to be [!_resent when the g_uali[J!.ing_ resident
returns to reside in the develoement. Tire HOA1 hoard ol directors1 or other governing_
hodr, mar. 11.ermit a eermitted health care resident to remain (pr a eeriod longer than 90
65 dar,s1 but not to exceed an additional 90 dar,sj I
cont. 5. In a "senior citi;,en housing_ develoement"1 (pr anr. eerson who
is a g_ua/ifled eermanent resident1 as deflned in this chaeter1 whose disabling_ condition
ends1 the owner1 HOA1 board ol directors1 or other governing_ bodr, mar, reg_uire the
(prmerlr. disabled resident to cease residing_ in the develoement1 subiect to the erovisions o(
Cali(prnia Civil Code Section 51.3 (bi(3ii
6. In a "senior citi;,en /rousing_ develoement"1 CC&Rs or other
documents or written eolicr. shall allow temeorat:1. residencr. (pr a g_uest1 who mar. be less
than 55 r,ears in ag_e1 o[a g_ualifJ!.ing_ resident1 or g_ualifled eermanent resident1 [or f!.eriods
ol time1 not less than 60 dar,s in anr. 1:ear1 that are seecifled in the CC&Rs or other
documents or written eolicr,.
E. CC&Rs or other documents or written eolicies af!.f!.licable housing_ (pr
senior citi;,ens that contain age restrictions1 shall be en(prceable onlr. to the extent
eermitted in Ca/i(prnia Civil Code Section 51.31 the Federal Fair Housilrg_ Act1 and the
Federal Code o[Reg_ulations Title 24 Sections 100.300 to 100.3081 notwithstanding_ lower
aee restrictions contained in those documents.
Ref. Amendment to Parking Requirement for Senior Housing Section
No. 21.44.020(a)(9) -Parkin2 Chapter Explanation of Proposed Amendments
(9) Seaior CitIBea Hoasiag Projeets Housing_ [or Senior Citi!,,ens-Recommend resident parking requirement be increased from 1 space per every 2 units to 1
Minimum one covered space per every twa units, plus one covered space space per every unit. Statistical data indicates that the average number of vehicles owned by
for an onsite manager's unit (when provided) and one guest parking space senior citizen households (age 55 and older), living in multifamily housing, is 1.1 vehicles
eer evet:1. {lve units, subject to approval of a site development plan. per household.
66 The guest-parking requirement is recommended to be increased from a total of 1 space to I
space per every 5 units. This requirement is approximately 35% less than the visitor parking
required for non-senior housing projects. Other jurisdiction's requirements for senior
housing visitor parking varied from no requirement, 1 space per 2 units, or I space per 5
units.
13
Ref. Amendments to Planned Development Regulations \
No. (partial) Chapter 21.4S Explanation of Proposed Amendments
The following definition is proposed to be added in Section 21.45.030 Definitions:
E. "Housing_ (pr senior citiT,_ens" is defi.ned as Sl!,ecifi.ed in Section 21.84.020 o[.this
67 code.
(Section 21.45.040 Permitted zones and uses -"Table A") "Table A" of Section 21.45.040 proposed to be amended to clarify that housing for
TABLE A senior citizens is not permitted in the R-1 or R-2 zones.
PERMITTED RESIDENTIAL USES
Zone Single-family Two-Multiple
68 Detached Family Dwelling
Dwelling Dwelling
R-1 xmm X (2) fSJ NIA
R-2 Xf5) X (5) X (2) {SJ
R-3 X X X I RD-M X X X
P-C (3) X X X
Accessory Uses (4) X X X
(I) When the project site is contiguous to a higher intensity land use or an
existing project of comparable or higher density.
(2) Only permitted when the proposed project site is contiguous to a Jot or
lots zoned R-3, R-T, R-P, C-1, C-2, C-M or M, but in no case shall the
project site consist of more than one lot nor be more than ninety feet in
width, whichever is less.
(3) Permitted uses shall be consistent with the master plan.
(4) Refer to Table F for specific uses.
(51 "Housinl! for se11ior citizens" is not oermitted ;,, R-1 and R-2 zones.
(Section 21.45.060 General development standards -"Table C" -Visitor "Table C" of Section 21.45.060 proposed to be amended to specify visitor parking
Parking requirements) for housing for senior citizens is 1 space per 5 units.
Visitor I. IO units or less: I space for each 2 units or fraction thereof.
Parking 2. 1 I units or more: 5 spaces for the first IO units, plus I space
for each 4 units above I 0.
3. Housil1,:_ (gr senior citir,.ens: 1 Sf1.ace (gr each 5 units.
31.. In cases where a fractional parking space is required, the
required number of spaces shall be rounded to the nearest
highest whole number.
I. Visitor parking may be provided: (I) along both sides of a 69 minimum 34-foot wide private/public street or (2) in
On Private/ perpendicular bays. When visitor parking is provided on
Public street, not less than 24 lineal feet per space, exclusive of
Streets driveway entrances and driveway aprons, shall be provided
for each parking space, except where parallel parking
spaces are located immediately adjacent to driveway
aprons, then 20 lineal feet may be provided.
I. Visitor parking must be provided in parking bays.
Driveways
14
Ref.
No.
70
Amendments to Planned Development Regulations
(partial) Chapter 21.45
(Section 21.45.060 General development standards -"Table C" -
Community Recreation Space requirements)
Community
• Recreational
Space
All projects of more than 10 dwelling units shall provide 200
square feet of centralized, community recreational space per
unit. Projects with 25 or fewer units shall provide passive or
active recreation facilities; projects with more than 25 units
shall provide both passive and active recreational facilities with
a minimum of 75 percent of the area allocated for active
facilities. Projects of more than 50 units shall provide
recreation facilities for a variety of age groups. Examples of
recreation facilities include, but are not limited to, the
following:
Active: Swimming pool with cabana, children's playground
equipment, spa, tennis court, racquetball court,
volleyball court, basketball court, recreation rooms or
buildings, horseshoe pits, pitch and putt, grassy play
areas a minimum of I 00 feet by I 00 feet and any other
facility deemed by the planning director to satisfy the
intent of providing active recreational facilities.
Passive: Benches, barbecues, community gardens, or grassy
play areas with a slope of less than 5%.
I. Credit for indoor recreation facilities shall not exceed 25%
of the required centralized community recreation area.
2. Required recreation areas shall not be located in any required
front yard and may not include any driveways, parking
areas, walkways, storage areas, or any slopes of 5% or
greater.
3. For single-family or two-family projects of 50 units or more,
at least 25 percent of the common recreation space must be
provided as pocket parks. Pocket park lots must have a
minimum width of 50 feet and be located at strategic
locations such as street intersections (especially "T-
intersections") and where open space vistas may be
achieved.
Note: These community recreational space requirements
shall not applv to housing for senior citizens {refer to Chapter
11.84 of this code for common area requirements for housing
for senior citfrens).
Explanation of Proposed Amendments
"Table C" of Section 21.45.060 proposed to be amended to clarify that the community
recreation space requirements for planned developments do not apply to housing for senior
citizens. Housing for senior citizens does not typically require the recreation area needed by
developn:ients that provide housing to families with children. The regulations for housing
for senior citizens (now Chapter 21.84) provide requirements for common area.
15
Ref. Amendments to Planned Development Regulations
No. (partial) Chapter 21.45 Explanation of Proposed Amendments
(Section 21.45.060 General development standards -"Table C" -"Table C" of Section 21.45.060 proposed to be amended to clarify that the recreation area
Recreation area parking requirements) parking requirements for planned developments do not apply to housing for senior citizens.
As noted above, housing for senior citizens is not required to be provided with the recreation
71 Recreation I space for each 15 residential lots or fraction thereof for lots area required of other planned developments. Therefore, recreation area parking should not
Area Parking located more than 1,000 feet from a centralized community be required. • •
recreation center lot.
Note: Housing_ (!Ir senior citi,ens is not re1,uiretl to be
orovitletl with recreation area nnrkinv.
(Section 21.45.060 General development standards -''Table C" -Staff recommends that housing for senior citizens not be required to be provided with
Recreation vehicle storage requirements) recreational vehicle storage.
Recreational l. Required for projects with 25 or more units.
72 Vehicle 2. 20 square feet per unit ex<;.lusive of area required for
Storage driveways and approaches.
3. Developments located within master plans or residential
specific plans may have this requirement met by the
common RV storage area provided by the master plan or
residential specific plan.
4. The storage of recreational vehicles shall be prohibited in
the front yard setback and on any public or private streets
or any other area visible to the public. A provision
containing this restriction shall be included in the
covenants, conditions and restrictions for the project. All
RV storage areas shall be landscaped to screen vehicles to
the maximum extent feasible.
Note: Housinr_ (!Ir senior citi'{J!,ns is not re1,uiretl to be
orovided with recreational vehide storarze.
(Section 21.45.080 Multiple-dwelling development standards -''Table E"
-Resident parking requirements) ''Table E" of Section 2 l.45.080 proposed to be amended to indicate proposed
resident parking requirement for housing for senior citizens.
I Resident Parking 1.:. One 12 feet x 20 feet car garage and I covered or
73 uncovered space per unit
l:. Studio units -1.5 spaces; I covered per unit
3. Housinr. (!Ir senior citi,ens: 1 covered Sl!!l.Ce e.er
unit1 e.fus one covered Sl!!l.Ce (pr an onsite mana11.,er's
unufwhenarovitletlt
16
Ref. Amendments to Planned Development Regulations
No. (partial) Chanter 21.45 Explanation of Proposed Amendments
(Section 21.45.080 Multiple-dwelling development standards -"Table E" "Table E" of Section 21.45.080 proposed to be amended to indicate proposed visitor parking
-Visitor parking requirements) requirement for housing for senior citizens.
Visitor Parking 1. 10 units or less: I space for each 2 dwelling units or
fraction thereof.
2. 11 units or more: 5 spaces for the first 10 units, plus
74 I space for each 4 dwelling units above 10.
3. Housing fj,r senior citiT,_ens: 1 Sf!.ace fj,r each 5
dwelling units.
~-Visitor parking spaces must be located no more
than 150 ft. as measured in a logical walking path from
the entrance of the unit it could be considered to serve.
45. Visitor parking must be provided in parking bavs. I
Ref. Amendment to Residential Density Bonus or In-Lieu Incentives
No. Chapter 21.86 Explanation of Proposed Amendment
(Section 21.86.020 Definitions) Modify definition of "Qualifying resident" to reference new Housing for Senior Citizens
Chapter 21.84.
75 (21) "Qualifying resident" means a resident as defined in Chapter
21.84 of this title and Section 51.2 of the California Civil Code.
Ref. Amendments to Residential Zones (R-3, R-T, R-W, and RD-M)
No. Chapters 21.16, 21.20, 21.22 and 21.24\ Explanation of Proposed Amendments
21.16.016 Housing for S!enior citizen~ hausing by site development plan. Amend the code section reference for Housing for Senior Citizens Chapter in all zones where
Housing for S!enior citize~ may be permitted by site development housing for senior citizens is permitted.
plan issued according to the provisions of Seetian 21.18.045 af this eade
Cha[!_ter 21.84 o[ this title. +he Unless otherwise seecifled in Chaeter
21.84, the development standards of this zone shall apply.
21.18.045 Housing forS!enior citize~ housing by site development plan.
Housing· £or senior citizens ma£ be eermitted ht site develoe:ment
plan issued according to the erovisions 0£ Chaeter 21.84 ol this title. )
76 Unless otherwise seecifl.ed in Chaeter 21.84. the develoement standards
o(this zone shall aef!.lf.
21.20.025 Housing for S!enior citize~ housing by site development plan.
Housing for S!enior citize~ may be permitted by site development
plan issued according to the provisions of Seetian 21.18.045 af this eade
Chaeter 21.84 o[ this title. +he Unless otherwise specified in Chapter
21.84, the development standards of this zone shall apply.
21.22.015 Housing for S:!enior citizeJl! housing by site development plan.
Housing for S!enior citize~ may be permitted by site development
plan issued according to the provisions of Seetion 21.18.04S ofthis eade
Chaeter 21.84 o[. this title. +he Unless otherwise seecifled in Chapter
21.84 the development standards of this zone shall annlv.
17
Ref. Amendments to Residential Zones (R-3, R-T, R-W, and RD-M)
No. Chapters 21.16, 21.20, 21.22 and 21.24) Explanation of Proposed Amendments
21.24.025 Housing for S~enior citizefi! haasing by site development plan. Amend the code section reference for Housing for Senior Citizens Chapter in all zones where
Housing for S~enior citizefi! may be permitted by site development housing for senior citizens is permitted.
76 plan issued according to the provisions of Seetian 21.18.045 af this cede
cont. Chae_ter 21.84 o[. this title. +he Unless otherwise seeci(led in Chaeter
21.841 the development standards of this zone shall apply.
)
18