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HomeMy WebLinkAbout2011-03-22; City Council; 20489; Amending ZC and LCA reasonable accommodationCITY OF CARLSBAD - AGENDA BILL 20489AB# MTG. DEPT. CED REASONABLE ACCOMMODATION - ZCA10-06/LCPA10-05 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No. cs-125 APPROVING an amendment to the City of Carlsbad Zoning Ordinance (ZCA 10-06), and ADOPT Resolution No. 7011-048 . APPROVING a Local Coastal Program Amendment (LCPA 10-05), for consistency with ZCA 10-06, based upon the findings contained therein. ITEM EXPLANATION: Project ZCA 10-06 LCPA 10-05 Planning Commission RA RA City Council X X Coastal Commission** • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective until the Coastal Commission approves LCPA 10-05 The City of Carlsbad is proposing 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. Because the Zoning Ordinance is an implementing ordinance for the City's Local Coastal Program, a Local Coastal Program Amendment (LCPA 10-05) is also required for this project. In addition to providing the standard noticing requirements, the draft ordinance was sent to various disability rights advocacy groups and service providers for review and comment. One comment letter was received via email. Staff considered the comments received and made minor modifications to the draft ordinance. On January 19, 2011, a public hearing was held by the Planning Commission to consider the proposed amendments to the Zoning Ordinance and Local Coastal Program (ZCA 10-06/LCPA 10-05). No members of the public spoke in regard to the project, and the Planning Commission voted 6-0 to recommend approval of the proposed amendments. Staff's analysis of the proposed amendments is contained in the Report to the Planning Commission, dated January 19, 2011 (Exhibit 4). DEPARTMENT CONTACT: Chris Garcia 760-602-4622 chris.garcia@carlsbadca.gov FOR CITY CLERKS USE ONL Y. „>< COUNCIL ACTION: APPROVED J4. DENIED DN CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 At the hearing, the Planning Commission raised concerns about a property's status once an accommodation is no longer needed. In addition, there was concern about potential abuse of the ordinance. For additional information, please see the excerpts of the Planning Commission Minutes in Exhibit 5 attached to this agenda bill. FISCAL IMPACT: There will be minimal, incidental costs to the city associated with processing requests for reasonable accommodation. Furthermore, the ordinance would require a finding that a reasonable accommodation request does not impose an undue financial or administrative burden on the city. ENVIRONMENTAL IMPACT: 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." EXHIBITS: 1. City Council Ordinance No. cs-125 2. City Council Resolution No. 2011-048 3. Planning Commission Resolutions No. 6748 and 6749 4. Planning Commission Staff Report dated January 19, 2011 5. Excerpt of the Planning Commission Minutes dated January 19, 2011. 2. EXHIBIT 1 1 ORDINANCE NO. CS-125 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO ADD AND ENACT CHAPTER 21.87 - REASONABLE ACCOMMODATION OF THE ZONING 4 ORDINANCE. CASE NAME: REASONABLE ACCOMMODATION 5 CASE NO.: ZCA10-06 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION I: That the list of Chapters contained in Title 21 of the Carlsbad Municipal Code is amended to add the following chapter in numerical order: 8 21.87 Reasonable Accommodation 9 SECTION II: That Chapter 21.87 of the Carlsbad Municipal Code is added and 10 enacted to read as follows: 11 Chapter 21.87 REASONABLE ACCOMMODATION Sections: 21.87.010 Purpose and Intent. 14 21.87.020 Definitions. 21.87.030 Applicability. 15 21.87.040 Request for reasonable accommodation. 21.87.050 Review authority and procedure. 16 21.87.060 Required findings. 21.87.070 Effective date of order - appeal of decision. 21.87.010 Purpose and Intent A. The purpose and intent of this chapter is as follows: 1. To provide individuals with disabilities reasonable accommodation in land use and zoning and building regulations, policies, practices, and procedures to provide equal 20 opportunity to use and enjoy housing and facilitate the development of housing for individuals with disabilities pursuant to the federal Fair Housing Amendments Act of 1988 and the California „. Fair Employment and Housing Act (hereafter "fair housing laws"). 2. To establish a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the city to comply fully with the intent and purpose of fair housing laws. «., 3. To establish findings that ensure a requested accommodation, if granted, is necessary and reasonable, and would not require a fundamental alteration in the nature of the 24 city's land use and zoning and building regulations, policies, practices, and procedures. 25 21.87.020 Definitions. A. For the purposes of this chapter, the terms used in this chapter relating to the provisions of reasonable accommodation are defined as follows: 1. "Individual with a disability" means someone who has a physical or mental 27 impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. This section is intended to apply to 28 those persons who are defined as disabled under the fair housing laws. 1 2. "Reasonable accommodation" means, in the land use and zoning context, providing individuals with disabilities or developers of housing for people with disabilities: (1) 2 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 3 requirements when it is necessary to provide equal opportunity to use and enjoy housing and/or eliminate barriers to housing opportunities. 4 21.87.030 Applicability 5 A. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with 6 disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to housing opportunities. 7 B. A request for reasonable accommodation may include a modification or exception to the rules, standards, development and use of housing-related facilities that would 8 eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. 9 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 10 access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. 11 D. Requests for reasonable accommodation shall be made in the manner prescribed by Section 21.87.040 of this chapter. 12 E. If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes or (2) the accommodation is to be used by another individual with a disability. F. Nothing in this ordinance shall require the city to waive or reduce development or building fees associated with the granting of a reasonable accommodation request. 16 21.87.040 Request for reasonable accommodation. , 7 A. Application for a request for reasonable accommodation shall be made in writing on a form provided by the planning director. The form shall be signed by the property owner or 10 authorized agent. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the planning director. B. Proof of applicable disability shall be provided in the form of a note from a 20 medical doctor or other third party professional documentation deemed acceptable to the planning director. C. Any information identified by an applicant as confidential shall be retained in a manner so as-to respect the privacy rights of the applicant and shall not be made available for 22 public inspection. D. If an individual needs assistance in making the application for reasonable 23 accommodation, the city will provide assislance to ensure the process is accessible. 24 21.87.050 Review authority and procedure. A. A request for reasonable accommodation may be approved or conditionally 25 approved by the planning director and shall be processed independently of any other required development permits. However, approval of a reasonable accommodation may be conditioned 26 upon approval of other related permits. B. The filing of an application for request for reasonable accommodation shall not 27 require public notice. 28 -2- 1 C. If necessary to reach a determination on the request for reasonable accommodation, the planning director may request: 2 1. Further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. 3 2. Information from other city departments and divisions or other agencies. D. Conditions may be imposed to ensure that any removable structures or physical 4 design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary 5 to provide access to the dwelling unit for the current occupants. 6 21.87.060 Required findings, A. The housing, which is the subject of the request for reasonable accommodation, 7 will be occupied by an individual with a disability protected under fair housing laws; B. The requested accommodation is necessary to make housing available to an 8 individual with a disability protected under the fair housing laws; C. The requested accommodation would not impose an undue financial or 9 administrative burden on the city; D. The requested accommodation would not require a fundamental alteration in the 10 nature of the city's land use and zoning and building regulations, policies, practices, and procedures, and for housing in the Coastal Zone, the city's Local Coastal Program. 21.87.070 Effective date of order - appeal of decision. 12 A. The effective date of the planning director's decision and method for appeal of such decision shall be governed by Section 21.54 of this title. B. Nothing in this procedure shall require the planning director to disclose any information provided to support the request for reasonable accommodation which, in the opinion of the city attorney, would violate State or Federal privacy rights of the individual with a disability. C. Nothing in the procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.16 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be lo published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission. 22 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of March 2011, and thereafter. 24 '" 25 '" 26 "' 27 '" 28 -3- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2011, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7,, APPROVED AS TO FORM AND LEGALITY 8" 9 n RONALD R. BALL, City Attorney 10 11 MATT HALL, Mayor12 13 ATTEST: 14 15 LORRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 .4- EXHIBIT 2 1 RESOLUTION NO. 2011-048 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL 3 PROGRAM AMENDMENT TO ADD AND ENACT CHAPTER 21.87 - REASONABLE ACCOMMODATION OF THE ZONING 4 ORDINANCE. CASE NAME: REASONABLE ACCOMMODATION 5 CASE NO.: LCPA10-05 6 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 7 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 8 Commission did on January 19, 2011, hold a duly noticed public hearing as prescribed by law to 9 consider the Zone Code Amendment (ZCA 10-06), as referenced in Planning Commission 10 Resolution No. 6748, and Local Coastal Program Amendment (LCPA 10-05), as referenced in Planning Commission Resolution No. 6749; and 12 WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6748 and 6749 recommending to the City Council that ZCA 10-06 and LCPA14 10-05 be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 22"d day of March 16 , 2011, held a duly noticed public hearing to consider the Zone Code Amendment and Local Coastal Program Amendment; and18 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 21 relating to the Zone Code Amendment and Local Coastal Program Amendment. 22 NOW, THEREFORE, the City Council of the City of Carlsbad, California does 2^ hereby resolve as follows: 24 1. That the above recitations are true and correct. 25 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 6748 and 6749 constitute the findings of the City Council in this matter. 26 3. That the amendment to the Local Coastal Program (LCPA 10-05), is 27 approved as shown in Planning Commission Resolution No. 6749, on file with the City Clerk and incorporated herein by reference. 28 1 2 3 4 5 6 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the approval of LCPA 10-05 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd day of March 2011, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard NOES: None. ABSENT: None. MATT HAI(L, Mayor ATTEST -2- EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6748 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO ADD 4 CHAPTER 21.87 TO THE ZONING ORDINANCE, , PROVIDING PROCEDURES AND REGULATIONS GOVERNING REQUESTS FOR REASONABLE 6 ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES. CASE NAME: REASONABLE ACCOMMODATIONS 7 ORDINANCE CASE NO: ZCA 10-06 __8 9 WHEREAS, the Planning Director has prepared a proposed. Zone Code 10 Amendment (ZCA 10-06) pursuant to Section 21.52.020 of the Carlsbad Municipal Code 11 relating to requests for reasonable accommodations; and 12 WHEREAS, the proposed amendment is necessary to ensure consistency with 13 the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and 14 Housing Act; and ,/- WHEREAS, the proposed amendment is set forth in the draft City Council 17 Ordinance, Exhibit "X" dated January 19, 2011, and attached hereto REASONABLE 18 ACCOMMODATIONS ORDINANCE - ZCA 10-06; and 19 WHEREAS, the Planning Commission did, on January 19, 2011, hold a duly 20 noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the Zone Code Amendment. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 96L Commission as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of REASONABLE ACCOMMODATION 3 ORDINANCE - ZCA 10-06, based on the following findings: Findings: 5 That the proposed Zone Code Amendment ZCA 10-06 is consistent with the General Plan in that the proposed amendment does not conflict with any goal, objective or policy of the General Plan and implements Program 3.11 of the General Plan's Housing Element. Furthermore, the proposed Zone Code Amendment 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. 13 14 Goal 4 - All Carlsbad housing opportunities (ownership and rental, market and assisted) offered in conformance with open housing policies and free of discriminatory practices. 16 17 Policy 4.5 - Periodically review city policies, ordinances, and development standards, and modify as necessary, to accommodate housing for persons with 1 ° disabilities. 19 ~~ 2. That the proposed ZCA reflects sound principles of. good planning in that it ensures internal consistency with other Zoning Ordinance procedures and standards that 21 are not proposed for amendment, as well as the General Plan and Local Coastal 22 Program. 23 24 25 26 27 28 PC RESO NO. 6748 -2- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 3 Commission of the City of Carlsbad, held on January 19, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Baker, Dominguez, 5 Montgomery, Nygaard, and Schumacher 6 NOES: 7 8 ABSENT: 9 ABSTAIN: 10" 11 12 13 ! 4 STEPHEN '<H^"1'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION15 16 1? ATTEST: 18 19 20 DON NEU 21 Planning Director 22 23 24 25 26 28 PCRESONO. 6748 -3- Exhibit "X" January 19, 2011 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO ADD AND ENACT CHAPTER 21.87 - REASONABLE ACCOMMODATION OF THE ZONING 4 ORDINANCE. CASE NAME: REASONABLE ACCOMMODATION 5 CASE NO.: ZCA10-06 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION I: That the list of Chapters contained in Title 21 of the Carlsbad Municipal Code is amended to add the following chapter in numerical order: 8 21.87 Reasonable Accommodation 9 SECTION II: That Chapter 21.87 of the Carlsbad Municipal Code is added and 10 enacted to read as follows: Chapter 21.87 12 REASONABLE ACCOMMODATION Sections: 21.87.010 Purpose and Intent. 21.87.020 Definitions. 21.87.030 Applicability. 21.87.040 Request for reasonable accommodation. 21.87.050 Review authority and procedure. 16 21.87.060 Required findings. 21.87.070 Effective date of order - appeal of decision. 21.87.010 Purpose and Intent * ° A. The purpose and intent of this chapter is as follows: 1. To provide individuals with disabilities reasonable accommodation in land use and zoning and building regulations, policies, practices, and procedures to provide equal opportunity to use and enjoy housing and facilitate the development of housing for individuals with disabilities pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"). 2. To establish a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the city to comply fully with the intent and purpose of fair housing laws. 3. To establish findings that ensure a requested accommodation, if granted, is necessary and reasonable, and would not require a fundamental alteration in the nature of the 24 city's land use and zoning and building regulations, policies, practices, and procedures. 21.87.020 Definitions. A. For the purposes of this chapter, the terms used in this chapter relating to the provisions of reasonable accommodation are defined as follows: 1. "Individual with a disability" means someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the fair housing laws. 1 2. "Reasonable accommodation" means, in the land use and zoning context, providing individuals with disabilities or developers of housing for people with disabilities: (1) 2 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 3 requirements when it is necessary to provide equal opportunity to use and enjoy housing and/or eliminate barriers to housing opportunities. 4 21.87.030 Applicability 5 A. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with 6 disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to housing opportunities. 7 B. A request for reasonable accommodation may include a modification or exception to the rules, standards, development and use of housing-related facilities that would 8 ' eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. 9 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 10 access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. 11 D. Requests for reasonable accommodation shall be made in the manner prescribed by Section 21.87.040 of this chapter. 12 E. If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes or (2) the accommodation is to be used by another individual with a disability. F. Nothing in this ordinance shall require the city to waive or reduce development or building fees associated with the granting of a reasonable accommodation request. 21.87.040 Request for reasonable accommodation. ,7 A. Application for a request for reasonable accommodation shall be made in writing 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 as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the planning director. B. Proof of applicable disability shall be provided in the form of a note from a 2Q medical doctor or other third party professional documentation deemed acceptable to the planning director. C. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for 22 public inspection. D. If an individual needs assistance in making the application for reasonable 23 accommodation, the city will provide assistance to ensure the process is accessible. 24 21.87.050 Review authority and procedure. A. A request for reasonable accommodation may be approved or conditionally 25 approved by the planning director and shall be processed independently of any other required development permits. However, approval of a reasonable accommodation may be conditioned 26 upon approval of other related permits. B. The filing of an application for request for reasonable accommodation shall not 27 require public notice. 28 -2- 1 C. If necessary to reach a determination on the request for reasonable accommodation, the planning director may request: 2 1. Further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. 3 2. Information from other city departments and divisions or other agencies. D. Conditions may be imposed to ensure that any removable structures or physical 4 design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary 5 to provide access to the dwelling unit for the current occupants. 6 21.87.060 Required findings. A. The housing, which is the subject of the request for reasonable accommodation, 7 will be occupied by an individual with a disability protected under fair housing laws; B. The requested accommodation is necessary to make housing available to an 8 - individual with a disability protected under the fair housing laws; C. The requested accommodation would not impose an undue financial or 9 administrative burden on the city; D. The requested accommodation would not require a fundamental alteration in the 10 nature of the city's land use and zoning and building regulations, policies, practices, and procedures, and for housing in the Coastal Zone, the city's Local Coastal Program. 21.87.070 Effective date of order - appeal of decision. 12 A. The effective date of the planning director's decision and method for appeal of such decision shall be governed by Section 21.54 of this title. B. Nothing in the procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.14 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be16 published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. Notwithstanding the preceding, this ordinance shall not be18 Q effective until approved by the California Coastal Commission. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City „. Council on the day of 2011, and thereafter.21 22 '" 23 '" 24 '" 25 26 27 28 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the _ day of _ 201 1 , by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 pi APPROVED AS TO FORM AND LEGALITY 8" RONALD R. BALL, City Attorney 10 11 MATT HALL, Mayor 12 13 ATTEST: 14 15 LORRAINE M. WOOD, City Clerk 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 .4- |5 1 PLANNING COMMISSION RESOLUTION NO. 6749 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO ADD CHAPTER 21.87 TO THE ZONING ORDINANCE, PROVIDING PROCEDURES AND 5 REGULATIONS GOVERNING REQUESTS FOR 6 REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES. 7 CASE NAME: REASONABLE ACCOMMODATIONS ORDINANCE 8 CASE NO: LCPA 10-05 9 WHEREAS, the Planning Director, has prepared a Local Coastal Program 10 Amendment (LCPA 10-05) to Title 21 of the Municipal Code (Zoning Ordinance) relating to 11 requests for reasonable accommodations for people with disabilities; and i -, WHEREAS, the Zoning Ordinance is one of the implementing ordinances for the 14 City of Carlsbad Local Coastal Program; and 15 WHEREAS, California State law requires conformance between the Local Coastal Program and Zoning Ordinance; therefore, an amendment to the Local Coastal Program 17 is required in conjunction with an amendment to the Zoning Ordinance (ZCA 10-03) to ensure 18 consistency between the two documents; and 19 „„ WHEREAS, the proposed amendment to the Zoning Ordinance is necessary to 21 ensure consistency with the federal Fair Housing Amendments Act of 1988 and California's Fair 22 Employment and Housing Act; and 0 ^WHEREAS, the proposed amendment is set forth in the draft City Council 24 Ordinance, Exhibit "X", dated January 19, 2011, attached to Planning Commission 25 Resolution No. 6748 as provided in Public Resources Code Section 30514 and Section 13551 of 26 California Code of Regulations Title 14, Division 5.5; and 28 WHEREAS, the Planning Commission did on January 19, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and /(* WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 WHEREAS, State Coastal Guidelines requires a six-week public review period 5 for any amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o0 Commission of the City of Carlsbad, as follows: 9 A) That the foregoing recitations are true and correct. 10 B) At the end of the State-mandated six-week review period, starting on December 1 3, 2010 and ending on January 14, 2011, staff shall present to the City Council a summary of the comments received. 1 £* C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of REASONABLE ACCOMMODATION 14 ORDINANCE - LCPA 10-05, based on the following findings, and subject to the following findings: T ,. Findings:ID 17 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 18 of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment ensures consistency with the Carlsbad Zoning Ordinance, and does not conflict with any coastal zone regulations, land use designations or policies with 2Q which development must comply. Furthermore, the proposed amendment does not otherwise exempt development from the requirements of a Coastal Development 21 Permit or from demonstrating consistency with the city's certified Local Coastal Program. 22 „ 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 10-06). 24 25 26 27 28 PCRESONO. 6749 -2- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, held on January 19, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Baker, Dominguez, 5 Montgomery, Nygaard, and Schumacher NOES: 7 8 ABSENT: 9 ABSTAIN: 10" 11 12 13 14 STEPHEN~"ftAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION15 16 17 ATTEST: 18 19 20 DON NEU 21 Planning Director 22 23 24 25 26 27 28 PCRESONO. 6749 -- The City of Carlsbad Planning Department EXHIBIT 4 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 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 .1 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) EXHIBIT 5 Planning Commission Minutes January 19, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. CUP 02-19(61x1 - VIGILUCCI'S SEAFOOD & STEAKHOUSE - Request for a ten year retroactive extension of CUP 02>19(B) to allow the continued operation of Vigilucci's Seafood and Steakhouse at 3878 Carlsbad Boulevard in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Scott Donnell would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Mr. Donnell gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Baker asked if all restaurants in town are subject to the new condition requiring the grease interceptor. Mr. Donnell stated yes and added that as part of the adoption of the Fats, Oils and Greases Ordinance, in 2007 and 2008 the City did inspect all of the restaurants in the City and this condition is a result of that inspection on this restaurant. The Conditional Use Permit provided the opportunity to add the condition. •- • - Chairperson L'Heureux asked if there were any other questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Jack Henthorn, Jack Henthorn and Associates, PO Box 237, Carlsbad, representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public testimony. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6751 approving a retroactive ten year extension of CUP 02-19(8) based upon the findings and subject to the conditions contained therein including the errata sheet. VOTE: 6-0 AYES: Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. 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. Planning Commission Minutes January 19,2011 Page 3 Mr. Neu introduced Agenda Item 2 and stated Junior Planner Chris Garcia would make the Staff presentation assisted by Senior Planner Scott Donnell. Chairperson L'Heureux opened the public hearing on Agenda Item 2. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Baker asked if future property owners would have any reason to know that the property was not in compliance with existing regulations and that the property had a special exemption. Mr. Garcia stated that some permits require that a Notice of Restriction be filed on the property; however, this action would not require that a Notice of Restriction be recorded on the title. In the situation where the modifications to the property were not easily removable, the City would typically not ask that it be removed when the property was vacated. Future property owners would be in the same situation as other property owners where there are legal non-conforming uses and would be subject to the existing non-conforming uses code. Commissioner Baker stated that if that is the case, the new property owner might not be able to make any changes to the structure if it is a non-conforming use. Mr. Garcia stated it would be consistent with the existing non-conforming uses code. Commissioner Baker commented that if the use of the site is intensified with the modifications per this ordinance, the future property owners would have to bring the entire site into compliance. She is concerned for future property owners that purchase a property and are in a situation with a legal non-conforming use. If those property owners then wish to remodel the house, they could run into problems. Commissioner Baker feels that a subsequent property owner should be aware of the situation up front. Mr. Garcia stated that, either through this ordinance or through prior construction, there are many properties throughout the city that are legal non- conforming and there is no current disclosure. Commissioner Baker stated that is somewhat different because in order to make accommodations for people the City is having to change the process as to how the approvals are granted. In response to Commissioner Baker's concerns, Mr. Neu stated Staff would handle it similar to a Variance, whereby a Variance was granted and it changed the standard that Staff would not necessarily deem the structure as legal non-conforming. It would be shown as allowed by a Variance and that it conforms. Commissioner Baker stated that this ordinance would be for an individual and not for the property. Mr. Neu stated the distinction with this ordinance is that there would need to be a determination made regarding whether any of the improvements would be easily removable. In the case where a bathroom was added to a house, for example, Staff would make the determination that it is not easily removable. In the case of a ramp for wheelchair access, for example, where it could be removed, Staff might condition the project differently. Mr. Neu commented that the way the ordinance is structured it gives Staff the ability to apply conditions that describe whether or not the modification needs to be removed in the future should the individual requiring the modification no longer occupy the premises and the new occupant not need the facility. It is a case where Staff will need to analyze each situation. Commissioner Montgomery asked how the City will deal with any potential abuse of this ordinance. Mr. Garcia stated the application requirements do require either a doctor's certification or proof that an individual does have a disability and that the accommodation requested serves to that disability. Commissioner Montgomery asked if a property owner were trying to abuse this ordinance, could he or she get a doctor's note from a friend who happens to be a doctor for example. Mr. Garcia stated there could be abuse on many of these issues; however the City is simply requiring the doctor's certification. With this ordinance, there are many legal issues to be involved with. Jane Mobaldl, Assistant City Attorney, stated the Department of Fair Employment and Housing typically receives complaints from people who are supposedly disabled and claim they have been discriminated against. The Department requires verification from a doctor that the person is disabled, and on the Department's form, there is a space where the doctor can check if he or she would be willing to testify under penalty of perjury in a court of law to the nature of the disability. Ms, Mobaldi further stated that the Department does not necessarily require that the doctor be willing to testify in order to proceed with their investigation of the complaint or even to find that it is meritorious. Commissioner Dominguez commented that he sees improvements with this ordinance compared to what currently exists; however he does also see some problems. He would like to have added language to Title 21 that would add internal administrative relief in the case of a complicated process that would provide some sort of facilitation for issues such as Commissioner Baker pointed out. Ms. Mobaldi Planning Commission Minutes January 19,2011 Page 4 reiterated that the Planning Director's decision, with regard to the disability, whether it has been adequately documented, and whether the requested accommodation is sufficiently related to that disability, is appealable to the Planning Commission and ultimately to the City Council. Commissioner Baker stated that Commissioner Dominguez was speaking of any future buyer of a property that was modified due to this ordinance and what the process is for any issues they might have. Ms. Mobaldi stated that initially the Planning Director will be making these determinations and if his decision is not satisfactory to whoever does not like it, there are appeal procedures in place. Commissioner Dominguez asked if verification of the need was adequately covered in the new ordinance. Ms. Mobaldi stated yes and that is a situation where it is a factually intensive inquiry and impossible to address every potential scenario. To a certain extent Staff will need to rely on the procedures that are in place for appeals of determinations on these issues. Chairperson L'Heureux asked if there were any further questions. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public testimony. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, 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. VOTE: 6-0 AYES: Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. 3. GDP 10-22 - BARELMANN PROPERTY - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a vacant residential lot at 6479 Surfside Lane, south of Island Way and east of Carlsbad Boulevard, within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 22. Mr. Neu introduced Agenda Item 3 and stated the appellant's representative Adrienne Landers would make a presentation because the appellant has the burden of proof. Mr. Neu stated Planning Technician Chris Sexton would then make the Staff presentation followed by the project applicant. Chairperson L'Heureux opened the public hearing on Agenda Item 3. Adrienne Landers, 3746 Hill view Way, Oceanside, representing the appellant, gave a brief presentation and stated she would be available to answer any questions. David Seeley, 6491 Surfside Lane, Carlsbad, speaking on behalf of 13 out of 16 property owners on Surfside Lane, gave a brief presentation and stated he would be available to answer questions. Chairperson L'Heureux asked if there were any questions of the appellant. Seeing none, he asked Staff to make their presentation. Reasonable Accommodations Ordinance ZCA 10-06/LCPA 10-05 Explanation Reasonable Accommodations –Enables land use and zoning flexibility –Serves individuals with disabilities –Functions differently than a variance Purpose •Provides “Reasonable Accommodations” •Implements federal and state law •Implements a Housing Element program Purpose •Provides a process to make a request •Ensures an accommodation is: –Necessary –Reasonable Reasonable Accommodations •Accessible Ramp in the required setback •Bathroom extended into setback in order to make accessible •Tall fence in the front yard Proposed Ordinance Details •Amends Zoning Ordinance •Amends Local Coastal Program •Provides formal procedure •Requires findings Proposed Ordinance Details Approval process –Requires application –Proof of disability –Confidentiality maintained –Requires Planning Director approval Proposed Ordinance Details Approval process –Requires no public notice –Specifies improvement can be conditioned to be removed –Allows for appeal Conclusion •Ordinance complies with: –State and federal law –the General Plan and Local Coastal Program •Project is exempt from CEQA Recommendation Approve Reasonable Accommodations Ordinance