Loading...
HomeMy WebLinkAbout1994-02-16; Planning Commission; ; ZCA 93-05 - CITY OF CARLSBADSfAFF 1'1.Mr-JER: a-nus DECERBO ~ STAFF REPORT ® DATE: FEBRUARY 16, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZCA 93-05 -CITY OF CARLSBAD -An amendment to various chapters and sections of the Carlsbad Municipal Code (Title 21) to: (1) amend the City's existing Senior Citizen Housing regulatiOilfl to conform to the provisions of Government Code Section 65915 and to (2) establish new design and development standards which respond to Senior Citizen needs. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3563, recommending APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No. 3564, recommending APPROVAL of ZCA 93- 05, based on the findings contained therein and recommending that the City Council dire~t staff to subsequently open up the six week public review period to amend the City's six Local Coastal Program segments accordingly. II. PROJECT DESCRIPTION AND BACKGROUND Housing Program 3.4.a. of the City's Housing Element states that the City shall amend it's existing Senior Citizen Housing regulations to conform to the provisions of Government Code Section 65915 (State Density Bonus Law), and to establish new standards for location, parking, safety, recreational facilities, medical care and other aspects of senior housing. The City's existing Senior Citizen Housing regulations (Section 21.18.045 of the Carlsbad Municipal Code) allow the development of senior citizen housing at a density of up to 75 du/acre within the R-3, R-P, R-T, R-W, and R-D-M zones, subject to specific conditions and requiring the approval of a Conditional Use Permit (CUP). The City's Senior Citizen Housing regulations were adopted in 1979 for the purpose of granting density increases and thereby enabling the development of a proposed Senior Citizen Housing project. Five Senior Citizen Housing projects (i.e.; Tyler Court Apartments, Chinquapin Apartments, Jefferson House I, Jefferson House II, and St. Francis Court) have been approved within the City pursuant to the existing Senior Citizen Housing regulations. ZCA 93-05 Cl1Y OF CAn.&..;BJ\O SENIOR CITIZEN HOUSING FEBRUARY 16, 1994 PAGE2 On April 20, 1993 the Carlsbad City Council adopted a Density Bonus Ordinance (Chapter 21.86 of the Carlsbad Municipal Code). This Ordinance which implements State Government Code Section 65915, requires the City to grant a minimum of a 25% density bonus over the otherwise maximum allowable density and at least one additional incentive in return for a developer guaranteeing that a residential project will reserve either: 20% of the total units as affordable to low-income households, or 10% of the total units as affordable to very low-income households, or 50% of the total units for qualified (senior) residents. The primary reasons for amending the City's existing Senior Citizen Housing regulations are as follows: 1. Under the City's existing Senior Citizen Housing regulations, there is no requirement to restrict any of the units as affordable to lower-income households. This zone code amendment will add a provision requiring that all Senior Citizen Housing projects shall be required to comply with the City's minimum 15% inclusionary housing requirement. The code will also be amended to specify that any Senior Citizen Housing project requesting a density increase be required to be processed pursuant to the provisions of the City's Density Bonus Ordinance. In effect, Senior Citizen Housing projects would now be subject to the same inclusionary housing and density bonus provisions as all other housing projects within the City. 2. To eliminate the 75 du/acre density provision included within the City's existing Senior Citizen Housing regulations. The City has committed , through program (Density Bonus Ordinance) and policy (#19 of the Land Use Element), to allow density increases to enable the development of affordable housing. However, in order to not exceed the Citywide and quadrant dwelling unit limitations of the Growth Management Plan, any density increases granted would have to come from the City's "excess unit bank". City Council Policy #43 allocates the use of the "excess units" in order of priority for: 1) low and very low income housing, and 2) Senior Citizen Housing. The deletion of the 75 du/acre provision is necessary to ensure that available units within the excess unit bank are allocated consistent with City Council priority (first priority being affordable housing) and that they are not inequitably absorbed for Senior Citizen Housing. 3. To establish specific criteria and standards for Senior Citizen Housing projects which respond to senior citizen needs. The City's existing Senior Citizen Housing regulations do not address important criteria which should be considered in the location of, design of, and amenities provided as part of, senior citizen housing projects. Planning staff reviewed a number of Senior Citizen Ordinances from other jurisdictions for purposes of identifying new design and development criteria which ZCA 93-05 CTIY OF CARa..SBAD SENIOR CITIZEN HOUSING FEBRUARY 16, 1994 PAGE3 respond to the special housing needs of senior citizens. Based upon this review, staff is recommending that new locational criteria, design and development standards be incorporated into the City's Senior Citizen Housing regulations. 4. To delete the Conditional Use Permit (CUP) requirement for Senior Citizen Housing. This is consistent with one of the primary objectives of Housing Element Law, which specifies that cities provide sufficient sites with zoning that permits owner occupied and rental multifamily residential use by right. "Use by right" means that the use (in this case Senior Citizen Housing) does not require a Conditional Use Perm.it. Consistent with Housing Program 3.4.a., this project is a Zone Code Amendment (ZCA 93- 05) to the Carlsbad Municipal Code to: (1) amend the City's existing Senior Citizen Housing regulations to conform to the provisions of Government Code Section 65915, and (2) establish new design and development standards for Senior Citizen Housing. Specifically, this Zone Code Amendment, amends Section 21.18.045 to (1) eliminate the Conditional Use Permit (CUP) requirement for Senior Citizen Housing projects and replaces this with a Site Development Plan (SDP) requirement (consistent with Chapter 21.86 of the Carlsbad Municipal Code) and (2) adds new Senior Citizen Housing provisions including: locational criteria, tenant eligibility, project development standards and design criteria, dwelling unit requirements, density increase provisions, application submittal requirements and review process, and monitoring and enforcement. m. ANALYSIS Included below is an analysis of the major planning issues associated with each proposed major revision to the City's Zoning Ordinance relating to the development of Senior Citizen Housing. Reference can be made to Exhibit ''X'' to review in detail all text revisions. Planning Issues 1) What revisions to the City's Senior Citizen Housing regulations are recommended to conform to State Government Code Section 65915? 2) What new design and development standards are recommended for Senior Citizen Housing? 3) Is the proposed Zone Code Amendment consistent with the General Plan? ZCA 93-05 Cl1Y OP CARJ.:.SBAD SENIOR CITIZEN HOUSING FEBRUARY 16, 1994 PAGE4 DISCUSSION Revisions Proposed to Senior Citizen Housing R,egulatioN Table "A" includes a summary of the City's existing Senior Citizen Housing regulations, and revisions which are recommended to: 1) conform to Government Code Section 65915, and 2) establish new standards which respond to Senior Citizen needs. Each proposed revision is discussed below. Processing -New Subsection 21.18.045 Existing subsection 21.18.045 of the Carlsbad Municipal Code currently allows the development of Senior Citizen Housing at a density of up to 75 du/acre subject to the approval of a Conditional Use Permit (CUP). The CUP requirement provides the City with a means for granting density increases for Senior Citizen Housing while providing the City with considerable (annual) review authority to monitor and mitigate (as necessary) a project's potential neighborhood impacts and to ensure that the conditions (including age restrictions) of the permit are being complied with. Consistent with the City's Density Bonus Ordinance (Chapter 21.86 of the Municipal Code), staff is recommending that Section 21.18.045 be amended to delete the CUP requirement for Senior Citizen Housing and replace this with a requirement to process Senior Citizen Housing projects through a Site Development Plan (SOP). The new Senior Citizen Housing provisions proposed to be added to Section 21.18.045 (discussed later in this report) in association with the Site Development Plan requirement will provide the City adequate project review, monitoring and enforcement authority. As discussed earlier, the deletion of the CUP requirement for Senior Citizen Housing is also consistent with the objectives of Housing Element Law. Density Permitted -New Subsection 21.18.04S(c)(7)(A) Existing Subsection 21.18.045(e)(2) stipulates that a maximum.density of 75 du/acre may be permitted for a Senior Citizen Housing project. This density provision is recommended to be deleted and replaced by Subsection 21.18.045(c)(7)(A) as follows: "a minimum density increase of at least twenty-five percent (25%) over the Growth Control Point of the applicable General Plan designation or the otherwise maximum permitted residential dwelling unit density as specified by the applicable master plan or specific plan may be permitted for a Senior Citizen Housing project". This provision is consistent with Subsection 21.86.030(b) of the City's Density Bonus Ordinance. As previously discussed, this proposed revision will also ensure that units within the City's "excess unit bank" are not absorbed for senior citizen housing but remain available to grant density increases for affordable housing projects. ZCA 93-05 Cl1Y OP CARi.SBAD SENIOR OTIZEN HOUSING FEBRUARY 16, 1994 PAGES Affordable Housing Requirement -New Subsection 21.18.045(c)(7)(C) The City's existing Senior Citizen Housing regulations do not require that any of the approved senior units be reserved for and affordable to lower-income households. However, consistent with the City's InclusionaryOrdinance (Chapter 21.85 of the Carlsbad Municipal Code), a new Senior Citizen Housing affordability provision is recommended to require that, "not less than 15% of all approved senior citizen units in any Senior Citizen Housing project shall be set aside for occupancy by and shall be affordable to lower-income households". In that all new residential projects within the City are subject to the City's 15% lower-income Inclusionary mandate, all Senior Citizen Housing projects, regardless of whether a density bonus is granted, shall be required to comply with the minimum 15% inclusionary requirement. Development Standards -New Subsection 21.18.04S(c)(3)(A) Existing Subsection 21.18.04S(d)(3) requires that all development standards of the underlying zone must be complied with. Consistent with subsection 21.86.0700) of the City's Density Bonus Ordinance, this provision is proposed to be amended to specify that, Senior Citizen Housing projects shall be required to comply with all applicable development standards of the underlying zone, except those which may be modified as an additional incentive granted pursuant to the City's Density Bonus Ordinance. Locational Criteria -New Subsection 21.18.04S(c)(l) Senior citizens need just about everything in their homes that other segments of the population require. The difference is that seniors typically need facilities to be located closer and more immediate to them. In that many seniors either cannot or desire not to drive an automobile, location of senior housing in proximity to commercial, social and community services and a bus or transit stop is an extremely important consideration. Seniors should also not be expected to negotiate hills or long slopes to gain access to shopping/services and/or transportation. Accordingly, new Subsection 21.18.04S(c)(l) establishes the following locational guidelines which will be used in evaluating proposed locations for Senior Citizen Housing projects: • A) 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; B) The proposed project should be located within two to three blocks of a bus or transit stop unless a common transportation service for residents is provided; C) The proposed project should be located in a topographically level area; and D) Development of a Senior Citizen Housing project at the proposed location should not be detrimental to public health, safety and general welfare. ZCA 93-05 Cl1Y OP CARLSBAD SENIOR cmzEN HOUSING FEBRUARY 16, 1994 PAGE6 Parking -New Subsection 21.18.045(c)(4) Existing Subsection 21.18.045(e) (2) establishes a minimum Senior Citizen Housing parking standard of one (1) space for each two (2) dwelling units and no required guest parking spaces. In view of the fact that existing Senior Citizen Housing projects within the City, which are parked per this standard, appear to have adequate parking, no revision to this parking standard is proposed. However, it is recommended that the parking requirements for Senior Citizen Housing projects be amended to require in addition: one (1) parking space for the on-site manager's unit (when one is provided), and one (1) guest parking space. The required guest parking space will provide needed parking for project shuttle busses (where provided) and emergency service vehicles. In the interest of creating parking spaces which are easier to drive into and back out of, a provision has also been included to, whenever possible, design senior citizen parking spaces at either 30, 45 or 60 degree angles. Project Design Criteria -New Subsection 21.18.04S(c)(S) A number of Senior Citizen Housing project design criteria are proposed to be added as new subsection 21.18.04S(c)(S). The purposes for adding project design criteria are to: (1) achieve project compatibility with, and relationship to, existing neighborhood and community development, and (2) incorporate project oriented amenities which respond to senior citizen needs. New Senior Citizen Housing projects should not be intrusive elements in a neighborhood and can avoid being so by proper siting, compatibility in height, bulk and scale with surrounding structures, and use of similar building materials and a,:-chitectural elements from other buildings in a neighborhood. The design criteria proposed will achieve the above-noted use compatibility objective. The proposed project oriented amenities· include: project laundry facilities (1 washer and 1 dryer/25 dus), common use areas (20 SF /OU) and an on-site manager. Common use areas provide for socialization opportunities among residents. Examples of common use areas would be a recreation/social room, common cooking and dining facility, reading/T.V. room or passive open space. The amended ordinance recommends that an on-site manager's unit be provided. All projects which do not have an on-site manager shall provide a posted phone number of the project owner or off-site manager for emergencies or maintenance problems. Dwelling Unit Requirements -New Subsection 21.18.045(c)(6) In an effort to respond to the special needs of senior citizens and to provide a quality of life which is safe, secure, and healthful, particuiar amenities are recommended to be required for each senior citizen dwelling unit. These amenities include: ZCA 93-05 CI'IY OF CARLS81\0 SENIOR CITIZEN HOUSING FEBRUARY 16, 1994 PAGE Z (1) Tubs equipped with one grab bar; (2) Tubs/showers equipped with temperature regulating devices; (3) Tubs/shower bottom surfaces which are slip resistent; and ( 4) Peepholes in entry doors. All Senior Citizen Housing projects shall also be required to comply with Title 24 of the State Building Code (Disabled Access Regulations). Tenure -New Subsection 21.18.045(a) Existing Subsection 21.18.04S(a) specifies that the Senior Citizen housing CUP provisions apply only to senior citizen rental housing units. New Subsection 21.18.04S(a) specifies that the SOP provisions of this section will apply to either rental or for sale housing. This is consistent with the City's Density Bonus Ordinance. Application and Review Process -New Subsection 21.18.045(d) This new subsection provides the submittal requirements and guidelines for the review of Senior Citizen Housing project proposals. Consistent with Subsection 21.86.090 of the City's Density Bonus Ordinance, all Senior Citizen Housing project proposals shall be required to undergo a preliminary project review prior to submitting a formal application for development. The purpose of the preliminary review is to identify major project issues up front and to provide feedback regarding any economic incentives requested (i.e.; density bonus or standards modifications). As discussed earlier, a formal application for a Senior Citizen Housing project shall require a Site Development Plan application. Any proposal requesting an incentive from the City shall be required to submit a project pro-forma to justify that the request is necessary to make the project economically feasible. Monitoring and Enforcement of SOP Conditions -New Subsection 21.18.04S(e)(l) Existing Subsection 21.18.045(g) mandates that the developer(s) of a Senior Citizen Housing project approved pursuant to the special standards and density increases of this section shall grant the City an equity position in the project. This provision exists to ensure that the Senior Citizen Housing project is constructed, operated, and maintained in accordance with the requirements of Section 21.18.045. This subsection is proposed to be deleted and replaced by Subsection 21.18.04S(e)(l). This new subsection requires applicants/ owners of Senior Citizen Housing projects to submit annually to the Departm~nt of Housing and Redevelopment an updated list of all project tenants and their ages. This will provide the City adequate authority to monitor and enforce the age restrictions of this permit. Because Senior Citizen Housing projects would no longer be ·a conditionally permitted use (under CUP) but instead a use permitted by right (under Density Bonus Law), there is no necessity or authority for the City to hold an equity position in the project. All unique considerations or conditions of the project (including age restriction or affordability provisions) will be incorporated into the required density bonus housing agreement. ZCA 93-05 CITY OF CARLSBAD SENIOR cmzEN HOUSING FEBRUARY 16, 1994 PAGES Consistenc:y with Tbc Gmm1 Plan -- The Housing Element of the General Plan sets forth a major program which is supported by the proposed Senior Citizen Housing Zone Code Amendment. This program specifies the following: PROGRAM 3.4.a -(Senior Citizen Housing) Amend the City's current Senior Citizen~s housing regulations to conform to the provisions of Government Code Section 65915 (Density Bonus). Establish standards for location, parking, safety, recreation facilities, medical care, and other aspects of senior oriented housing. Consider requiring all senior citizen projects to be approved under Conditional Use Permit. Establish appropriate monitoring and reporting procedures to assure compliance with approved project conditions. Consistent with the intent of this program, the proposed zone code amendment would: 1) amend the City's Senior Citizen housing regulations to conform to Government Code 65915; 2) establish new standards which respond to the needs of Senior Citizens; and 3) establish a monitoring and reporting procedure to assure compliance with project conditions. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this zone code amendment, to amend the City's existing Senior Citizen Housing regulations to conform to Government Code Section 65915 and to establish new design and development standards for Senior Citizen Housing, will not have a significant impact on the environment and therefore has issued a negative declaration. The environmental analysis concluded that since: (1) this zone code amendment is not associated with any specific development project; and (2) will not directly result in any significant physical, biological, or human environmental impacts, no project specific impacts are anticipated. There were no letters of comment received during the public review period for this Negative Declaration. -- ZCA 93-05 CITY OP CARLSBAD SENIOR CITIZEN HOUSING FEBRUARY 16, 1994 PAGE9 ATTACHMENTS 1. Table "A" Summary of Senior Citizen Housing Revisions 2. Planning Commission Resolution No. 3563 3. Planning Commission Resolution No. 3564. CDD:lh SEPTEMBER 29, 1993 PROCESSING CUP REQUIREMENT PURSUANT TO 21.1&.045 D E N S I T Y UP TO 75 DU/AC PERMITI'ED A F F O R D A B L E NOT ADDRESSED HOUSING ~t,·-=-·· M~l~-• TABLE"A" OCCUPANCY MINIMUM AGE OF ALL OCCUPANTS -MINIMUM AGE OF ALL OCCUPANTS -62 YEARS 62 YRS OR MINIMUM AGE OF AT OR MINIMUM AGE OF AT LEAST 1 OCCUPANT LEAST 1 OCCUPANT SHALL BE SS SHALL BE SS YEARS, SUBJECT TO SPECIFIC YEARS SUBJECT TO SPECIFIC CONDmONS CONDmONS PERMITI'ED ZONES R-3, R-P, R-T, R-W, R-D-M R-3, R-P, R-T, R-W, R-D-M DEVELOPMENT MUST COMPLY WITH ALL MUST COMPLY Wl1H ALL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS OF THE STANDARDS OF THE UNDERLYING ZONE, UNDERLYING ZONE L O C A T I O N AL NOT ADDRESSED CRITERIA PARKING ONE SPACE PER EVERY TWO UNITS PROJECT DESIGN ALL BUILDINGS EXCEEDING TWO CRITERIA STORIES SHALL INCLUDE ELEVATORS _su~~-e>~:3J;JAQgf~t::::•: HOUSD-lc;J•~¥t$I()~{{\:/ :-: • DWELLING UNIT NOT ADDRESSED REQUIREMENTS TENURE RENTAL ONLY APPLICATION AND NOT ADDRESSED REVIEW PROCESS RENTAL 1.awa_. MONITORING & CITY HOLDS AN EQUITY PosmoN ::· ENFORCEMENT IN PROJECT • ZCA9305.TBL