This chapter shall be known and may be cited and referred to
as the "Housing for Senior Citizens Ordinance of the City of Carlsbad."
(Ord. NS-662 § 12, 2003)
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
subject to the approval of a site development plan;
5.
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.
(Ord. NS-662 § 12, 2003)
A.
"Cohabitant"
"Disability"
"Housing" or "dwelling unit"
"Housing community"
"Housing for senior citizens"
a.
b.
c.
"Senior citizen"
"Senior citizen housing development"
a.
For
the purposes of this chapter, the terms used in this chapter relating
to the provision of housing for senior citizens are defined as follows:
refers to and means persons who live together as husband
and wife, or persons who are domestic partners within the meaning
of Section 297 of the Family Code.
means any mental or physical disability as defined in Section
12926 of the Government Code.
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."
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.
means a housing community:
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
Intended for, and solely occupied by, persons sixty-two years
of age or older; or
Intended and operated for occupancy by persons fifty-five years
of age or older, and where the housing facility is consistent with
the definition of a "senior citizen housing development."
means:
means:
A residential development developed, substantially rehabilitated,
or substantially renovated, for persons fifty-five years of age or
older, that has:
B.
"Qualifying resident"
"Qualified permanent resident"
a.
i.
ii.
b.
"Permitted health care resident"
The
following definitions shall only apply to a "senior citizen housing
development":
means a person fifty-five years of age or older in a senior
citizen housing development.
means:
A person who meets both of the following requirements:
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
Was forty-five years of age or older, or was a spouse, cohabitant,
or person providing primary physical or economic support to the qualifying
resident.
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.
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.
(Ord. NS-662 § 12, 2003)
Housing for senior citizens is permitted subject to the approval
of a minor site development plan (MSDP) or site development plan (SDP)
in certain zones as indicated in the following table:
|
Table A
Zones Where Housing for Senior Citizens Is Permitted
| |
|---|---|
|
Zone
|
Housing for Senior Citizens
|
|
R-3
|
MSDP/SDP1
|
|
R-P
|
MSDP/SDP1, 2
|
|
R-T
|
MSDP/SDP1
|
|
R-W
|
MSDP/SDP1
|
|
RD-M
|
MSDP/SDP1
|
|
V-B
|
See note 3, below
|
|
P-C
|
See note 3, below
|
|
Note: Housing for senior citizens is prohibited in those zones
not indicated.
| |
|
Notes:
| |
|---|---|
|
1
|
Housing for senior citizens with four units or less shall be
subject to the approval of a minor site development plan, and housing
for senior citizens with five units or more shall be subject to the
approval of a site development plan.
|
|
2
|
The city may approve a minor site development plan or 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.
|
|
3
|
May be permitted subject to the standards of the controlling
document (i.e., in V-B zone -Village and Barrio master plan, and in
P-C zone -applicable master plan) and the provisions of this chapter.
|
(Ord. NS-662 § 12, 2003; Ord. CS-099 § VI, 2010; Ord. CS-178 § CXXIII, 2012; Ord. CS-334 § 13, 2018)
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.
(Ord. NS-662 § 12, 2003)
A.
Housing for senior citizens shall comply with all applicable development standards of the underlying zone, except those which may be modified in this chapter 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.
The
following parking requirements shall apply:
1.
Parking shall be provided consistent with the standards specified in Chapter 21.44, unless otherwise specified in this section.
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 dwelling units or fractional
number thereof. At least one washer and one dryer shall be provided
in every project. Washers and dryers may be coin operated.
G.
A manager's
unit shall be provided in every housing project of sixteen 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 reading/TV 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 project shall be no
less than twenty square feet per dwelling unit;
2.
Common
space excludes all stairwells and any balconies of less than forty
square feet;
3.
Unless
the building is serviced by an elevator, common rooms shall be located
on the ground floor; and
4.
Adjacent
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
projects to meet the physical and social needs of senior citizens.
Such desirable services and programs may include, but are not limited
to, the following:
J.
Access
to all common areas and housing units within a project 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.
O.
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 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; 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. Section
3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Section
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.
(Ord. NS-662 § 12, 2003; Ord. CS-102 § CXII, 2010)
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 or her 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.
(Ord. NS-662 § 12, 2003)
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.
The
preliminary review application shall include the following information:
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 assessor's 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 division shall
provide to an applicant a letter identifying project issues of concern
to staff, and the incentives or assistance that the City Planner can
support when making a recommendation to the final decision-making
authority.
B.
Formal Application. Except as otherwise provided in this chapter, a minor site development plan or site development plan for housing for senior citizens shall be processed in accordance with the provisions of Chapter 21.06 of this title, excluding Section 21.06.020(b). The findings for approval of a minor site development plan or site development plan for housing for senior citizens are specified in Section 21.84.090 of this chapter.
1.
In addition to the application requirements specified in Chapter 21.06, a minor site development plan or site development plan application for housing for senior citizens shall include the following information:
a.
If a density bonus or other incentives are requested, a letter shall
be submitted signed by the present owner stating how the project 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);
b.
A detailed vicinity map showing the project 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;
c.
A set of floor plans for each different type of unit indicating a
typically furnished apartment, with dimensions of doorways, hallways,
closets and cabinets;
d.
A floor plan of the first floor or other floor showing any common
areas and accommodations;
e.
A monitoring and maintenance plan; and
2.
The decision-making authority for the minor site development plan or site development plan shall be as specified in Chapter 21.06 of this title, unless the project involves a request for financial incentives from the city. If financial incentives are requested, the City Council shall have the authority to approve, conditionally approve or deny:
C.
Building
Permit. At the time of plan submittal for building permits, in addition
to other required information, 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.
(Ord. NS-662 § 12, 2003; Ord. CS-102 § CXIII, 2010; Ord. CS-164 §§ 10, 11,
2011; Ord. CS-178 § CXXIV,
2012)
A.
A minor
site development plan or site development plan for housing for senior
citizens shall be approved only if the following findings are made:
1.
The
project is consistent with the various goals, objectives, 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
project site is adequate in size and shape to accommodate the proposed
project;
3.
The
project 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
project is to be located;
4.
The
project shall not result in density or design that is incompatible
with other land uses in the immediate vicinity, and the project 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 project is adequate to properly
handle all traffic generated by the project; and
(Ord. NS-662 § 12, 2003; Ord. CS-178 § CXXIV, 2012)
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 subject 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 sixty-two years of age or older, and who, on September
13, 1988, had the right to reside in, occupy, or use housing that
is restricted to occupancy by persons sixty-two 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 age 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 City Planner 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 that:
i.
Each person in residence in each dwelling unit be required to be
sixty-two years of age or older; or
ii.
In a "senior citizen housing development" one 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 fifty-five years of age whose occupancy
is permitted under California Civil Code Section 51.3(h) or Section
51.4(b);
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 sixty-two 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 sixty-two years of age or older, shall
not be less exclusive than to require that the persons commencing
any occupancy of a dwelling unit be sixty-two years of age or older,
excluding occupancy by persons, permitted pursuant to Section 21.84.100.C
and D.1.b, above;
d.
In a "senior citizen housing development," the limitations on occupancy
may be less exclusive 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 more than, but not less than eighty 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 51.3 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 ninety days from the date
the absence 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 ninety days, but not to exceed
an additional ninety days;
5.
In
a "senior citizen housing development," for any person 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); and
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 fifty-five years in age, of a qualifying resident,
or qualified permanent resident, for periods of time, not less than
sixty 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.
(Ord. NS-662 § 12, 2003; Ord. CS-102 § CXIV, 2010; Ord. CS-164 § 10, 2011)
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 Planner.
(Ord. NS-662 § 12, 2003; Ord. CS-164 § 10, 2011)
