HomeMy WebLinkAbout1981-07-07; City Council; 6655; Zone Code Amendment to modify section 21.04.145.-.
AGENDA BILL
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INITIAL:
SENDA BILL NO: Ldsf DEPT. HD.
DATE : JULY 7, 1981 CTY. ATIY.
DEPARTMENT: PLANNING CTY. MGR. 2-
SUBJECT: ZONE CODE AMENDMENT TO MODIFY SECTION 21.04.145 ( DEFINITIONS )
TD REDEFINE "FAMILY"
CASE NO: ZCA-135 APPLICANT: CITY OF CARLSBAD
STATEMENT OF THE MA'ITER:
This item is an amendment to Section 21.04.145 of the Zoning Ordinance to
redefine the definition of "family".
held that a city ordinance's definition of "family" as either related persons,
living together in a dwelling unit or as a group of not mre than five unrelated
persons living together, violated the State Constitution. Court's decision, Carlsbad's existing definition of "family" muld be considered unconstitutional if legally challenged. remedy this situation, staff is
remmending approval of a new definition of "family" which essentially defines a family as a reasonable number of persons who constitute a bonafide single housekeeping unit.
of family, in their opinion, is constitutional and enforceable.
A recent California Supreme Court case
Given the Supreme
The City Attorney has indicated that the propsed definition
The Planning Director has determined that this project will not cause any
significant environmental impacts and, therefore, has issued a Negative
Declaration, dated June 4, 1981, which was approved by the Planning Conmission on June 10, 1981.
Planning Department.
A copy of the environmental documents is on file in the
FISCAL IMPACTS
No fiscal impacts.
RECOMMENDATION
Both the planning staff and Planning Cmission recomnend that this application
be APPRLWED and that the City Attorney be directed to prepare documents
APPROVING ZCA-135, per Planning Cmission Resolution No. 1819.
ATTACHMENTS
1) PC Resolution No. 1819 with City Council Ordinance attached. 2) Staff Report dated, June 10, 1981
Council Action;
7-7-81 Cauncil introduced Ordinance No. 9592
7-21-51 Council adopted Ordinance No. 9592.
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PLANNING COMMISSION RESOLUTION NO. 1819
A RESOLUTION OF THE PL,ANNING COMMISSION OF THE
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21,
CHAPTER 21.04, SECTION 21.04.145 OF THE CARLSBAD
MUNICIPAL CODE, TO REDEFINE "FAMILY".
APPLICANT: CITY OF CARLSBAD
WHEREAS, the Planning Commission did, on the 10th day of
.CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CASE NO: ZCA-135
June, 1981, hold a duly noticed public hearing as prescribed by
law to consider said r-equest; and
WHEREAS, at said public hearing, upon hearing and con-
sidering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors re-
lating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
AIThat +he above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA-135, according to Exhibit ''A", dated June 10, 1981 , attached hereto and made a
part hereof, based on the following findings:
Findings:
1) That the California Supreme Court and a California Court of
Appeal have ruled that city ordinances defining "family" in
terms similar to .those used by the city of Carlsbad, violated
the state constitution.
That the proposed amendment will protect 'the residential character of Carlsbad's neighborhoods in a manner consistent
with the right to privacy of all residents.
This project will not cause any significant environmental im-
pacts, and a Declaration of Negative Environmental Impact has been issued by the Planning Director on June 4, 1981 and ap-
proved by the Planning Commission on June 10; 1981.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 10th'day of June, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Rombotis, Farrow,
NOES: None.
Schlehuber, Jose, Friestedt and L'Heureux.
ABSENT: None.
ABSTAIN: None.
ATTEST:
airman :iNi :NG COMMISSION
PC RES0 #1819
STAFF REPORT
DATE :
TO :
FROM:
SUBJECT:
June 10, 1981
Planning Commission
Planning Department
ZCA-135, CITY OF CARLSBAD - Amendment to the Zoning Ordinance to modify Section 21.04.145 (Definitions) to redefine "Family".
I. PROJECT DESCRIPTION AND ANALYSIS
The proposed Zone Code Amendment would amend Section 21.04.145 of the Zoning Ordinance, This section defines "Family" as follows:
21.04.145 Family. "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than four persons who are not related by blood or mar- riage living together in a dwelling unit. Notwithstanding any provisions of this title to the contrary, the residents and operators of a residential care facility serving six or fewer persons shall be considered a family for purposes of any zoning regulation relating to residential use of such facilities.
The California Supreme Court, in the case of City of Santa Bar- bara v. Rdamson, held that a city ordirlance's definition of "f am- - ily" as either related persons, living together in a dwelling unit or as a group of not more than five unrelated persons living together, violated the state constitution. This decision has the affect of invalidating the identical ordinances of 37 cities in California, including the city of Carlsbad.
On -February 5, 1981, the California Court 'of Appeal made a simi- lar decision in the City of Chula Vista v. Pagard.. In that case, the court ruled that ,Chula Vista's ordinance, defining a "Family" as an "individual; or two or more persons, all of whom are rela- ted b.y blood, marriage or adoption; or a group of not more than three persons, ... who need not be related, living in a dwelling unit ...'I, was unconstitutional.
In light of these decisions, the similarity of Carlsbad's defini- tion and the emphasis. the Zoning Ordinance places on the term "Family", the City Attorney's office has indicated that an amend- ment to the Ordinance definition would be in order.While finding the Chula Vista definition unconstitutional, the Pagard Court cited. with approval a New Jersey definition of family. This rcg- ulation defined family as "a reasonable number of persons who
consti tutc a bonafide single housekeeping unit". Incorporating this definition with our existing ordinance, the new definition . would read:
21.04.145 Family. "Family" means a reasonable number of persons who constitute a bonafide single housekeeping unit. Residents and operators of a residential care facility ser- ving six or fewer persons shall be considered a family or purposes of any zoning regulation relating to residential use of such facilities.
The 'City Attorney has indicated to staff that it is their opinion that this new definition is .constitutional and that the regula- tions relating to a family can be enforced. Staff is therefore recommending approval of this Zone Code Amendment.
111. RECOMMENDATION
It is recommended that the Planning Comm'ission approve the Nega- tive Declaration issued by the Planninq Director and adopt Reso-
e
lution No. 1819, recommending APPROVAL of ZCA-135, based on the findings contained therein.
AT T A C H ME N T S -
1) Planning Commission Resolution No. 1819 2) Environmental Documents
CDN : ar 6/3/81
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