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Home My WebLink About2012-12-04; City Council; 21062; Accomodation Ordinance ZCA 10-06A LCPA 10-05CITY OF CARLSBAD - AGENDA BILL AB# 21,062 REASONABLE ACCOMMODATION ORDINANCE DEPT. DIRECTOR MTG. 12/4/12 COASTAL COMMISSION MODIFICATIONS ZCA 10-06(A)/LCPA 10-05(A) CiTY ATTORNEY ^ DEPT. Clerk COASTAL COMMISSION MODIFICATIONS ZCA 10-06(A)/LCPA 10-05(A) cmr MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-196. amending secfions of the recently enacted Zoning Ordinance ZCA 10-06(A), Chapter 21.87, and accepfing the California Coastal Commission's suggested modificafions to LCPA 10-05. ITEM EXPLANATION: Ordinance No. CS-196 was introduced and first read at the City Council meefing held on November 27, 2012. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adopfion. The City Clerk will have the ordinance published within fifteen days, if adopted. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the Califomia Coastal Commission.) FISCAL IMPACT: See AB #21,060 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Approval of the suggested modifications is exempt from the California Environmental Quality Act This detennination is based on Municipal Code Section 19.04.070 A.1.c.(1), which exempts minor zone code amendments that do not lead to physical improvements beyond those typically exempt or that refine or clarify existing land use standards, and 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." EXHIBIT: 1. Ordinance No. CS-196. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz(S).carlsbadca gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED • CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN • • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBIT 1 1 ORDINANCE NO. CS-196 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS OF 3 RECENTLY ADDED AND ENACTED ZONING ORDINANCE CHAPTER 21.87, REASONABLE ACCOMMODATION, AND 4 THEREBY ACCEPTING AND ADMINISTERING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED 5 MODIFICATIONS TO LCPA 10-05. CASE NAME: REASONABLE ACCOMMODATION 6 SUGGESTED MODIFICATIONS CASE NO.: ZCA 10-06(A)/LCPA 10-05(A) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the Planning Commission did on January 19, 2011, hold a duly noticed public hearing as prescribed by law to consider adding standards for reasonable accommodation requests to the Zoning Ordinance pursuant to Zone Code Amendment (ZCA 10-06) and Local Coastal Program Amendment (LCPA 10-05); and WHEREAS, the Planning Commission adopted resolufions No. 6748 and 6749, recommending to the City Council approval of ZCA 10-06 and LCPA 10-05; and WHEREAS, the City Council, on March 22, 2011, held a duly noticed public hearing as prescribed by law to consider ZCA 10-06 and LCPA 10-05, and introduced Ordinance No. CS-125 to approve ZCA 10-06, and adopted Resolufion No. 2011-048, to approve LCPA 10-05; and WHEREAS, the City Council, on April 5, 2011, passed, approved and adopted Ordinance No. CS-125; and WHEREAS, the approval of both Ordinance No. CS-125 and Resolution No. 2011-048 is subject to Coastal Commission approval (certification) of LCPA 10-05; and WHEREAS, on October 11, 2012, the California Coastal Commission approved 22 LCPA 10-05 conditioned upon the city making certain changes, or "suggested modifications," 24 and 2^ WHEREAS, accepting and administering the California Coastal Commission's 26 suggested modifications, as set forth in this ordinance, is necessary to comply with the 2j California Coastal Act and California Administrative Code; and 28 1 WHEREAS, the California Coastal Commission suggested modifications are 2 clarificafions of the reasonable accommodafion standards rather than substanfial modificafions 3 as described in Zoning Ordinance Secfion 21.52.050 B.2. and therefore do not require further 4 review by the City's Planning Commission. 5 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 6 follows: 7 SECTION 1: That Section 21.87.020 A.2. of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-125, is modified to read as follows: 9 2. "Reasonable accommodafion" means, in the land use and zoning context, providing individuals with disabilifies or developers of housing for people with disabilifies: (1) 10 reasonable, necessary, or feasible flexibility in the applicafion of land use and zoning and building regulafions, policies, pracfices and procedures, or (2) the waiver of certain 11 requirements when it is necessary to provide equal opportunity to use and enjoy housing and/or eliminate barriers to housing opportunifies so long as the requested flexibility or waiver would 12 not require a fundamental alterafion in the nature of the city's land use and zoning and building regulafions, policies, pracfices, and procedures, and the city's Local Coastal Program. 14 15 SECTION 2: That Section 21.87.030 C. of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-125, is modified to read as follows: C. A request for reasonable accommodafion in regulations, policies, pracfices and 1" procedures may be filed at any fime that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodafion does not affect the obligations of an individual or a developer of housing for an individual with disabilifies to comply with other applicable regulafions not at issue in the requested accommodafion. SECTION 3: That Secfion 21.87.040 A. of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-125, is modified to read as follows: 17 18 19 20 21 A. Applicafion for a request for reasonable accommodafion shall be made in wrifing 22 on a form provided by the planning director. The form shall be signed by the property owner or authorized agent. The applicafion shall state fully the circumstances and conditions relied upon 23 as grounds for the applicafion and shall be accompanied by adequate plans and all other materials as specified by the planning director. The applicafion shall include the zoning, land 24 use or building code provision, regulafion, policy or pracfice from which modificafion or excepfion for reasonable accommodation is being requested including an explanation of how 25 applicafion of the exisfing zoning, land use or building code provision, regulation, policy or pracfice would preclude the provision of reasonable accommodation. 26 " 27 28 /// /// -2-3 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the 2 city clerk shall certify the adoption of this ordinance and cause it to be published at least ^ once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the Califomia Coastal Commission.) II II II II 4 5 6 7 8 9 10 11 // 12 // 13 14 15 16 17 18 19 20 21 // 24 25 26 27 28 // // // // // // // 22 // 23 // // // // -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 27*^ day of November, 2012, and thereafter PASSED AND ADOPTED at a regular meefing of the City Council of the City of Carlsbad on the 4^^ day of December, 2012, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney MATTlHALL, Mayor ATTEST: