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HomeMy WebLinkAboutZCA 10-06; Reasonable Accommodations Ordinance; Zone Code Amendment (ZCA)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 19, 2011 Application complete date: N/A Project Planner: Chris Garcia Project Engineer: N/A SUBJECT: ZCA 10-06/LCPA 10-05 - REASONABLE ACCOMMODATIONS ORDINANCE - Request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to add and enact Chapter 21.87 to the Zoning Ordinance, creating procedures and regulations governing requests for reasonable accommodations by people with disabilities to ensure consistency with the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6748 and 6749 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 10-06) and Local Coastal Program Amendment (LCPA 10-05), based on the findings contained therein. II. INTRODUCTION The proposal involves a city-initiated Zone Code Amendment and Local Coastal Program Amendment to add procedures and regulations governing requests for reasonable accommodations by people with disabilities in order to ensure consistency with the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act. The proposed amendments would implement program 3.11 of the city's General Plan Housing Element by adding a chapter in the Zoning Ordinance. The proposal is also consistent with all other applicable portions of the General Plan and is consistent with the Local Coastal Program. III. PROJECT DESCRIPTION AND BACKGROUND Both the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act prohibit discrimination against individuals with disabilities in housing and require local governments to make reasonable accommodations (i.e., modifications or exceptions) in the zoning laws and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and access housing. In Carlsbad, requests for reasonable accommodations with regard to zoning, permit processing, and building codes have been reviewed and processed by either the Planning or Building Division on a case-by-case basis, depending on the nature of the requests. However, the city does not have a formal procedure for processing requests for reasonable accommodation. During its review of the city's most recent Housing Element update, the state Housing and Community Development Department (HCD) determined that this ad hoc approach represented a potential regulatory constraint on housing for persons with disabilities, and recommended that the city o ZCA 10-06/LCPA 10-05 -REASONABLE ACCOMMODATIONS ORDINANCE January 19,2011 PAGE 2 formalize its procedures by adopting a reasonable accommodation ordinance. Accordingly, the city included a program in its Housing Element (Program 3.11), committing to implement such an ordinance. The proposed ordinance would satisfy the Housing Element program requirement by adding Chapter 21.87 to the city's ordinance, establishing uniform procedures for reviewing and granting reasonable accommodation requests. The proposed ordinance is attached to Planning Commission Resolution No. 6748 as Exhibit X. IV. ANALYSIS A. General Plan The proposal to add procedures and regulations governing requests for reasonable accommodations for people with disabilities is a specific program of the city's adopted Housing Element. The proposed ordinance is consistent with the following Housing Element goals and policies: Goal 3 - Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households. Goal 4 - All Carlsbad housing opportunities (ownership and rental, market and assisted) offered in conformance with open housing policies and free of discriminatory practices. Policy 4.5 - Periodically review city policies, ordinances, and development standards, and modify as necessary, to accommodate housing for persons with disabilities. B. Local Coastal Program Amendment The proposed Zone Code Amendment would apply within the city's Coastal Zone. Since the Zoning Ordinance serves as the implementing ordinance for the city's Local Coastal Program, a Local Coastal Program Amendment is needed to effectuate the Zone Code Amendment in the Coastal Zone. The policies of the Local Coastal Program emphasize topics such as preservation of agricultural lands and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed amendment to the Zoning Ordinance would be consistent with the policies of the Local Coastal Program. The proposed amendment does not exempt development from a Coastal Development Permit that is not otherwise exempt. A Coastal Development Permit will still be required for applicable development and this required discretionary review would ensure that the proposed development is consistent with the policies of the Local Coastal Program. By processing a Local Coastal Program Amendment, consistency between the city's Zoning Ordinance and Local Coastal Program would be maintained. Given the above, the addition of ZCA 10-06/LCPA 10-05 - REASONABLE ACCOMMODATIONS ORDINANCE January 19,2011 PAGE 3 the procedures and regulations governing requests for reasonable accommodations is consistent with the Local Coastal Program. V. ENVIRONMENTAL REVIEW Municipal Code Title 19, Environmental Protection Procedures, identifies minor zone code amendments which do not lead to physical improvements beyond those typically exempt or which refine or clarify existing land use standards as being exempt from the California Environmental Quality Act (CEQA) and thus not requiring environmental review. This exemption is pursuant to State CEQA Guidelines Section 15061(b)(3), which states "when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." ATTACHMENTS: 1. Planning Commission Resolution No. 6748 (ZCA) 2. Planning Commission Resolution No. 6749 (LCPA)