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
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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
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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
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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
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23 '"
24 '"
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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
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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