HomeMy WebLinkAbout2012-12-04; City Council; CS-196; Amending Resonable Commodation Modifications ZCA 10-06A LCPA 10-05A...EXHIBIT 1
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ORDINANCE NO. CS-196
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTIONS OF
3 RECENTLY ADDED AND ENACTED ZONING ORDINANCE
CHAPTER 21.87, REASONABLE ACCOMMODATION, AND
4 THEREBY ACCEPTING AND ADMINISTERING THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED
5 MODIFICATIONS TO LCPA 10-05.
CASE NAME: REASONABLE ACCOMMODATION
6 SUGGESTED MODIFICATIONS
CASE NO.: ZCA 10-06(AVLCPA 10-05(A)
WHEREAS, the Planning Commission did on January 19, 2011, hold a duly
noticed public hearing as prescribed by law to consider adding standards for reasonable
accommodation requests to the Zoning Ordinance pursuant to Zone Code Amendment (ZCA
10-06) and Local Coastal Program Amendment (LCPA 10-05); and
WHEREAS, the Planning Commission adopted resolutions No. 6748 and 6749,
recommending to the City Council approval of ZCA 10-06 and LCPA 10-05; and
WHEREAS, the City Council, on March 22, 2011, held a duly noticed public
hearing as prescribed by law to consider ZCA 10-06 and LCPA 10-05, and introduced
Ordinance No. CS-125 to approve ZCA 10-06, and adopted Resolution No. 2011-048, to
approve LCPA 10-05; and
WHEREAS, the City Council, on April 5, 2011, passed, approved and adopted
Ordinance No. CS-125; and
WHEREAS, the approval of both Ordinance No. CS-125 and Resolution No.
2011-048 is subject to Coastal Commission approval (certification) of LCPA 10-05; and
WHEREAS, on October 11, 2012, the California Coastal Commission approved
LCPA 10-05 conditioned upon the city making certain changes, or "suggested modifications,"
and
WHEREAS, accepting and administering the California Coastal Commission's
suggested modifications, as set forth in this ordinance, is necessary to comply with the
California Coastal Act and California Administrative Code; and
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1 WHEREAS, the California Coastal Commission suggested modifications are
2 clarifications of the reasonable accommodation standards rather than substantial modifications
3 as described in Zoning Ordinance Section 21.52.050 B.2. and therefore do not require further
4 review by the City's Planning Commission.
5 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
6 follows:
7 SECTION 1: That Section 21.87.020 A.2. of the Carlsbad Municipal Code, as
previously approved pursuant to Ordinance No. CS-125, is modified to read as follows:
9 2. "Reasonable accommodation" means, in the land use and zoning context,
providing individuals with disabilities or developers of housing for people with disabilities: (1)
10 reasonable, necessary, or feasible flexibility in the application of land use and zoning and
building regulations, policies, practices and procedures, or (2) the waiver of certain
11 requirements when it is necessary to provide equal opportunity to use and enjoy housing and/or
eliminate barriers to housing opportunities so long as the requested flexibility or waiver would
12 not require a fundamental alteration in the nature of the city's land use and zoning and building
regulations, policies, practices, and procedures, and the city's Local Coastal Program.
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A. Application for a request for reasonable accommodation shall be made in writing
22 on a form provided by the planning director. The form shall be signed by the property owner or
authorized agent. The application shall state fully the circumstances and conditions relied upon
23 as grounds for the application and shall be accompanied by adequate plans and all other
materials as specified by the planning director. The application shall include the zoning, land
24 use or building code provision, regulation, policy or practice from which modification or
exception for reasonable accommodation is being requested including an explanation of how
25 application of the existing zoning, land use or building code provision, regulation, policy or
practice would preclude the provision of reasonable accommodation.
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SECTION 2: That Section 21.87.030 C. of the Carlsbad Municipal Code, as
previously approved pursuant to Ordinance No. CS-125, is modified to read as follows:
C. A request for reasonable accommodation in regulations, policies, practices and
procedures may be filed at any time that the accommodation may be necessary to ensure equal
access to housing. A reasonable accommodation does not affect the obligations of an individual
or a developer of housing for an individual with disabilities to comply with other applicable
regulations not at issue in the requested accommodation.
SECTION 3: That Section 21.87.040 A. of the Carlsbad Municipal Code, as
previously approved pursuant to Ordinance No. CS-125, is modified to read as follows:
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
2 city clerk shall certify the adoption of this ordinance and cause it to be published at least
^ once in a newspaper of general circulation in the City of Carlsbad within fifteen days after
its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until
^ pproved by the Califomia Coastal Commission.)
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INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad
City Council on the 27*^ day of November, 2012, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 4*^ day of December, 2012, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST: