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HomeMy WebLinkAboutZCA 10-06; Reasonable Accommodations Ordinance; Zone Code Amendment (ZCA) (2)Uy 10-31 C ( T Y OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT USE ONLY) Q Administrative Pennit 1 1 General Plan Amendment Q Coastal Development Permit (*) OMinor ^ Local Coastal Program Amendment (*) LCPA lO'Of r~| Conditional Use Permit (*) O Minor 0 Extension 1 1 Master Plan Q Amendment Q EnvironmentallmpactAssessment 1 1 Specific Plan Q Amendment Q Habitat Management Penmit O Minor 1 1 Zone Change (*) Q Hillside Development Permit (*) ^ Zone Code Amendment Q Planned Development Pennit O Residential 0 Non-Residential Q Planned Industrial Pennit List other aoolications not soecified Q Planning Commission Detennination • Q Site Development Plan • Q Special Use Permit • [~| Tentative Tract Map (*) = eligible for 25% discount Q Variance | | Administrative NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME • ReauorjOLli/tr ACCoryimoat<i-'li<)r?s Ordin«.nc^ BRIEF DESCRIPTION OF PROJECT: ^ ^^rr>.A.o.^^^ o.n^ ny.lrA,..^ ^r^^^er.J.. r^pu^.si^ P.^ BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT ON THE: STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) BETWEEN AND (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of 5 Revised 01/10 OWNER NAME (Print): APPLICANT NAME (Print): CAr,. ^^r -.n MAILING ADDRESS: MAILINGADDRESS:/^^ ^^, . , CITY, STATE, ZIP: CITY, STATE, ZIP: C^^ia^d CA^ "fS-ooV TELEPHONE: TELEPHONE: - - <y^^d^ EMAIL ADDRESS: EMAIL ADDRESS: ckr.^^.rrA<jS,Carl<kUc.^. ^^U 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. \ CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THEBMT OF MY KNOWLEDGE. /yUf^A ^ 7/^ SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT, NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JUL 2 3 2010 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 5 Revised 01/10 This space is for the County Clerk's Rling Stamp PROOF OF PUBLICATION (2010 & 2011 CCR.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a n the County aforesaid: I am over the age of I years and not a party to or interested in th entitled matter. I am the principal clerk of th of North County Tin Formerly known as the Blade-Citizen and Th Advocate and which newspapers hav adjudicated newspapers of general circulatio Superior Court of the County of San Diego, California, for the City of Oceanside and th^ Escondido, Court Decree number 171349,' County of San Diego, that the notice of w annexed is a printed copy (set in type not sm<- nonpariel), has been published in each reg| entire issue of said newspaper and not supplement thereof on the following dates, to- Marchl2*^, 2011 I certify (or declare) under penalty of perjury foregoing is true and correct. Dated at Escondido, Califomia On this 14*, day of March, 2011 Proof of Publication of HimCE OFmMJC HEMING NOTICE IS HEREBY GIVEN to you, because youf interest may be affected, ttiat the City Council of the City of Carlsbad will hold apublic hearing atle Council Chambers, 1200 Carisbad Village Drive, Carlsbad, California, at 6:00 p.rti. on Tuesday, March 22, 2011, to consider approving a Zone Code Amendment and Loqal Coastal Prbgmmlrneftdment to add and enact Chapter 21^7. to the Zoning Ordinance, creating procedures and regulations governing reqaests for reasoraple accommodations by people with disabilities to enSiire consistency with irifleral Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act. Whereas, on January 19,2011 the City df Carlsbad Planning Commission voted 6-0 to recommend approval of 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. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agendablll will be available on and after March 18,2011. |f you have any questions, please contact Chris Garcia In the Planning Divisloh at (76Q) 602-4622 or chris.g^cla@carisbadca^ If you challenge the Zone Code Amendment sind/pr Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered te Uie City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior te the public hearing. CASE FILE: ZCA10-06/LCPA10-05 CASE NAME: REASONABLE ACCOMMODATION PUBLISH: March 12,2011 CITY OF CARLSBAD CITY COUNCIL Allshouse NORTH COUNTY TIMES Legal Advertising 13 ru Ed cr • • a • • Ln ru ru cr • r^ U.S. Postal Service ,,! CERTIFIED MAIL™ RECEIPT^ (dbrntstic f/lail Only; No InsurancB Coverag^^midei For delivery information visit our website at www.usps.eomj, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 2CAt_ - - . . Total Poster uaiiTomia Uoastal oommission — Attn: Toni Ross 'nt To _ Suite 103 Postmark Here /• 3-/1 /e-ot». Notice, ftf flU9r.o^fa»ri(a/c£» sifSeimM 7575 Metropolitan Drive San Diego, CA 92108-4402 liHM'H'iiii HliH 4.im CTV OF V CARLSBAD O O FILE COPY l-3-fl Planning Division www.carlsbadca.gov NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 19, 2011, to consider a request for the following: CASE NAME: ZCA 10-06/LCPA 10-05 - Reasonable Accommodations Ordinance PUBLISH DATE:January 7, 2011 DESCRIPTION: 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. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Chris Garcia in the Planning Division at (760) 602-4622, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • Complete items 1, 2, _.<d 3. Also complete item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A. SignaturBxy^ £^ / • Addressee • Complete items 1, 2, _.<d 3. Also complete item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B. F^eived by (Printed Name) C, Date otpellveiu 1. Article Addressed to: California Coastal Commission Attn; Toni Ross Suite 103 7575 Metropolitan Drive D. Is delivery address different from item 17 • Yes If YES, enter delivery address below: • No San Diego, CA 92108-4402 3. Service Type ^.J^ertified Mail • Express IVIaii • Registered _^BO?etum Receipt for Merchandise • Insured Mail • C.O.D. San Diego, CA 92108-4402 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number (Transfer from service label) 7Dm 2SS0 DOOD fl4n ITSb PS Form 3811, February 2004 Domestic Return Receipt 102595-OZ-M-1540 -0 i-n cr I rr 0- rH zr CO • a • a • ru ru cr • a U.S. Postal Service,,. CERTIFIED MAIL,,, RECEIPT|^ ' (Domestic Mail Only; No insurance Covsrage^midec For delivery information visit our website at wvmw.usps.comii Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmaik Here //•30./O Total Postag California Coastal Connmission Attn: Toni Ross Suite 103 SenI To sifeeuApiNo 7575 Metropolitan Drive San Diego, CA 92108-4402 mm SENDER: COMPL^mTHIS SECTION Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Calitornia XJoastalT^ornmission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 COMPLETE THIS S ON DELIVERY • Agent • Addressee D. is delivery«dW<iy^«liffarenLfnom iterT^*# • Yes If YES, enter delivery *ld*fi)l/felow: • No 3. Sep/iceType "^^Certified Mail •Express Mail Registered "SZLJleturn Receipt for Merchandise • Insured Mail An C.O.D. 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Number (Transfer from service label) 7Dm EE5D DDDD ami flSTD PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-<8^J ^- sj O FILE COPY <#f^ CITY OF 'I-30./D V CARLSBAD Planning Division www.carlsbaclca.gov PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in January 2011, and will be duly noticed. The City Council hearing is expected to take place in February 2011, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 10-05 - REASONABLE ACCOMMODATIONS ORDINANCE The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zone Code Amendment is as follows: The proposed amendment will add procedures and regulations governing requests for reasonable accommodations for people with disabilities in order to ensure consistency with the Federal Fair Housing Amendments Act and California's Fair Employment and Housing Act. The proposal will implement program 3.11 of the proposed Housing Element by adding a new chapter in the Zoning Ordinance. As mentioned in the city's Housing Element, both the Fair Housing Act and the California Fair Employment and Housing Act direct 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. The ordinance specifies the types of requests that may be considered reasonable accommodation, the procedure and reviewing/approval bodies for the requests, and waivers that the city may offer to facilitate the development and rehabilitation of housing for persons with disabilities. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: December 3, 2010 PUBLISH DATE FOR NORTH COUNTY TIMES: December 3, 2010 -/m^ PUBLISH DATE FOR COAST NEWS: December 3, 2010 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Page 1 ^ ^ Chapter 2L87 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. 21.87.060 Required findings. 21.87.070 Effective date of order - appeal of d^ision. 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 rules, policies, practices, and procedures to equal access to housing and facilitate the development of housing for individuals with disabilities pursuant to the federal Fair Housing Amendments Act of 1988 and the Califomia 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 biiping regulations, policies, practices and procedures of the city to comply fully with the intetlt and purpbse of fair housing laws. 3. To establish findings that ensure a requested accommodation, if granted, is necessary, reasonable, and consistent With fundamental city practices, procedures, and policies^ including land use and neighborhood compatibility. 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. 2. "Reasonable accommodation" means, in the land use and zoning context, providing individuals with disabilities or developers of housing for people with disabilities: (1) 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 requirements when it is necessary to eliminate barriers to housing opportunities. November 4, 2010 Page 2 21.87.030 Applicability 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 disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to housing opportunities. 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 eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. C. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. D. Requests for reasonable accommodation shall be made in the manner prescribed by Section 21.87.040 of this chapter. 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 struS?ttlre and cannot eaSsily be removed or altered to comply with applicable city or state codes or (^ the accommodation is to be used by another individual with a disability. F. Nothing in this ordinance shall requirdlthe city to waive or reduce development or building fees associated withJflte gi^antingiQf a reasonable accomhiodation request. 21.87.040 Request for reasonable accommodation. A. Application for a request;;for reasonable accommodafion shall be made in writing on a form provided by the City Plaiiner. The fortn shall be signed by the property owner or authorized agent. The applicatibh. 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 City Platilier. B. Proof of applicable disability shall be provided in the form of a note from a medical doctor or other third party professional documentation deemed acceptable to the City Planner. 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 public inspection. D. If an individual needs assistance in making the application for reasonable accommodation, the city will provide assistance to ensure the process is accessible. E. At the time of filing the application, the applicant shall pay a processing fee in an amount as specified by city council resolution. November 4, 2010 Page 3 21.87.050 Review authority and procedure. A. A request for reasonable accommodation may be approved or conditionally approved by the City Planner and shall be processed independently of any other required development permits. However, approval of a reasonable accommodation may be conditioned upon approval of other related permits. B. The filing of an application for request for reasonable accommodation shall not require public notice. C. If necessary to reach a determination on the request for reasonable accommodation, the City Planner may request: 1. Further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. 2. Information from other city departments and divisions or other kgesncies. D. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association lvith the reasonable accommodation be removed once those structures or physi|M design features are unnecessary to provide access to the dwelling unit for the current occm|aiits. 21.87.060 Required findings. A. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with a disdbility protected under fair housing laws; B. The requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws; C. The requested accommodation would not impose an undue financial or administrative burden on the city; D. The requested accommodation would not require a fundamental alteration in the nature of the city's rules, policies, practices, or procedures; and E. The requested accommodation would not result in a detriment to the surrounding uses or character of the surtiounding neighborhood. 21.87.070 Effective date of order - appeal of decision. A. The effective date of the City Planner'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. November 4, 2010 The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos Arista and the County Judicial District by the Superior Court of the State of Califomia, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 7. 2011 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of CaUfomia on the 10th day of January, 2011. Clerk of the Printer Space above for County Clerk's Filing Stamp PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 19, 2011, to consider the following: 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. The project is exempt from the California Environmental Quality Act. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular busi- ness hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at httpV/vvww.carlsbadca.gov/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, please call the Planning Division at (760) 602-4600. CN 11010 1/7/11 CITY OF C/S JAN 11 2011 & Economic This space is i .he County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) CITY OF CARLSDAD JAN i : 2o;i PLANNING DEPARTMEm STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a r the County aforesaid: I am over the age o years and not a party to or interested in t entitled matter. I am the principal clerk of t of North County Tir Formerly known as the Blade-Citizen and TI Advocate and which newspapers ha\ adjudicated newspapers of general circulatic Supenor Court of the County of San Diego, California, for the City of Oceanside and th Escondido, Court Decree number 171349, County of San Diego, that the notice of annexed is a printed copy (set in type not sm nonpariel), has been published in each ret entire issue of said newspaper and nol supplement thereof on the following dates, to January 07*, 2011 I certify (or declare) under penalty of perjun foregoing is true and correct. Proof of Publication of NOTICE IS HEREBY GIVEN to you, because your Interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 19, 2011, to consider the following: 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. The project is exempt from the California Environmental Quality Act. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 pm IVIonday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://www.carlsbadca.gov/pdfdoc.html?pid=295 on or after the Friday prior the hearing date. (760) 602-4600. to If you have any questions, please call the Planning Division at PUBLISH: January 7, 2011 CITY OF CARLSBAD PLANNING DIVISION Dated at Escondido, California On this 0/^ day of January 2011 ' OF CARLSBAD JAN 1 3 2011 Jane Allshouse NORTH COUNTY TIMES Legal Advertising PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp CITY OF CARLSBAD DEC 09 2010 urn DEPAH hvir;?! STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: December 03'", 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Proof of Publication of PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by the City of Carisbad and is currently under review. This notice hereby opens a six week review period after which the Planning Com- mission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in January 2011, and will be duly noticed. The City Council hearing is expected to take place in February 2011, and will be duly noticed. Copies of the LCP amendment are available for review at the following loca- tions: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carisbad tvlain Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the Cal- ifornia Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 10-05 - REASONABLE ACCOMMODATIONS ORDINANCE The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. Accordingly, this Local Coastal Program Amendment is nec- essary to ensure consistency between its proposed amended Zoning Ordi- nance and its Local Coastal Program. This specific Zone Code Amendment is as follows: The proposed amendment will add procedures and regulations governing re- quests for reasonable accommodations for people with disabilities in order to ensure consistency with the Federal Fair Housing Amendments Act and Cali- fornia's Fair Employment and Housing Act. The proposal will implement program 3.11 of the proposed Housing Element by adding a new chapter in the Zoning Ordinance. As mentioned in the city's Housing Element, both the Fair Housing Act and the California Fair Employment and Housing Act direct 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 nec-essary to afford disabled persons an equal opportunity to use and access tiousing. The ordinance specifies the types of requests that may be considered reasonable accommodation, the procedure and reviewing/approval bodies for the requests, and waivers that the city may offer to facilitate the development and rehabilitation of housing for persons with disabilities. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: December 3, 2010 net 2277452 Dated at Escondido, California Onth^OS'^ day of pgc^ber, 2010 JaneMshouse NORTH COUNPt' TIMES Legal Advertising The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of Califomia, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: December 3. 2010 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califomia on the 3rd day of December, 2010 ^ Clerk of the Printer CITY OF CARLSBAD OEC 06 2010 PLANNiNQ DEPARTMENT Space above for County Clerk's Filing Stamp PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that ttie City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amend- ment. The Planning Commission hearing is expected to take place in January 2011, and will be duly noticed. The City Council hearing is expected to take place in February 2011, and will be duly noticed. Copies of the LCP amendment are available for review at the fol- lowing locations: (1) Carlsbad Planning Division, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carisbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 10-05 - REASONABLE ACCOMMODATIONS ORDINANCE The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. Accordingly this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zone Code Amendment is as follows; The proposed amendment will add procedures and regulations governing requests for reasonable accommodations for people with disabilities in order to ensure consistency with the Federal Fair Housing Amendments Act and California's Fair Employment and Housing Act. The proposal will implement program 3.11 of the pro- posed Housing Element by adding a new chapter in the Zoning Ordinance. As mentioned in the city's Housing Element, both the Fair Housing Act and the California Fair Employment and Housing Act direct local governments to make reasonable accommodations (i.e. mod- ifications or exceptions) in the zoning laws and other land use reg- ulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and access housing. The ordinance specifies the types of requests that may be consid- ered reasonable accommodation, the procedure and reviewing/approval bodies for the requests, and waivers that the city may offer to facilitate the development and rehabilitation of housing for persons with disabilities. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622. Written comments should be sent to the Planning Division at 1635 Faraday Avenue, Cartsbad. California 92008. CN 10836 Dec. 3, 2010 STATE OF CALIFORNIA-THE RESOURCES AGENCY EDMUND G. BROWN, JR., Govarnar CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, OA 92108-4421 (619) 767-2370 IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT NO.S 2-11A (Reasonable Accomodations) and 2-1 IB (Proposition D/Cannon Road AG/OS Land) TIME EXTENSION CITY OF CARLSBAD SEP 1 9 2011 PLANNING DEPARTMENT HEARING TIME AND LOCATION: DATE: Thursday, October 6, 2011 TIME: 9:00 a.m. LOCATION: Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 SUBJECT: City of Carlsbad LCP Amendment No.s 2-11A (Reasonable Accommodations) and 2-1 IB (Proposition D/Cannon Road AG/OS Land) Time Extension. Public hearing and action to extend the time limit for Commission action up to one year on request by City of Carlsbad to amend the LCP. Proposed LCP Amendment #2-11 A would provide citywide changes for reasonable accommodations in the City's inciusionary housing ordinanxx. The second component, proposed LCP Amendment #2-11 B, will modify applicable land use policies and establish a new zoning classification to implement preservation of the flower and strawberry fields along Cannon Road, east of Interstate 5, consistent with a local initiative. As such, the proposed amendment package will affect both^ , the land use and implementation plans of the City's certified LCP. Questions regarding the report or hearing should be directed to Deborah Lee, District Manager, San Diego Area Office at (619) 767-2370. (Z:\Reports\LCPs\Carlsbad\CAR LCPA 2-11 A (Reasonable Acc) and B (Prop D) lime exi NOTlCE.doc) STATE OF CALIFORNIA-THE NATURAL RESOURCES AGES-EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 TO: Commissioners and Interested Persons Thl2b CITY OF CARLSBAD SEP 1 9 2011 ARTMEl'j^TE: September 15, 2011 FROM: Staff SUBJECT: Request to Waive Time Limit for City of Carlsbad LCP Amendment No. 2- 11 A (Reasonable Accommodations) and B (Proposition D/Cannon Road AG/OS Land) for the Commission Meeting of October 5-7, 2011 On August 1, 2011, the City of Carlsbad Local Coastal Program (LCP) Amendment #2-11 A and B was filed in the San Diego District office. The amendment involves two umelated changes to the City's LCP. Proposed LCP Amendment #2-11 A would provide citywide changes for reasonable accommodations in the City's inclusionary housing ordinance. The second component, proposed LCP Amendment #2-11 B, will modify applicable land use policies and establish a new zoning classification to implement preservation of the flower and strawberry fields along Cannon Road, east of Interstate 5, consistent with a local initiative. As such, the proposed amendment package will affect both the land use and implementation plans of the City's certified LCP. Pursuant to Section 30512 of the Coastal Act, the Commission must act on land use plan amendments within 90 days of complete submittal or filing. Pursuant to Section 30513 of the Coastal Act, the Commission must act on implementation plan amendments within 60 days of filing. Amendments containing both land use and implementation plan components must be acted upon by the Commission within 90 days of filing. Based on the above-cited time limits, the proposed LCP amendment must be scheduled for review by the Commission at the October 5-7, 2011 meeting. However, Section 30517 of the Coastal Act and Section 13535(c) of the California Code of Regulations state that the Commission may extend for good cause any applicable time limits for a period not to exceed one year. Commission staff is requesting the time extension due to insufficient staff time to adequately review the amendment and prepare a recommendation. In addition, there are a number of other LCP amendments already filed and waiting for Commission review. Staff recommends the Commission extend the 90-day time limit for one year. MOTION: I move that the Commission extend the 90-day time limit to act on the City of Carlsbad LCP Amendment No. 2-11 A and B for one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion. (G:\San Diego\Reports\LCPs\City of Carlsbad\CAR LCPA 2-11 A (Reasonable Acc) and B (Prop D) time ext. stfrpt.doc) VXARLSBAD Planning Division July 28, 2011 %^I0I^ www.carlsbadca.gov Deborah Lee San Diego Coast District California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 SUBMITTAL: CARLSBAD LOCAL COASTAL PROGRAM AMENDMENTS Please find enclosed the first City of Carlsbad LCPA package for the 2011 calendar year. The LCPA batch involves the projects identified below. PROJECT NAME LCPA FILE # STAFF PLANNER PHONE CONTACT Reasonable Accommodations Ordinance LCPA 10-05 Scott Donnell 760-602-4618 Proposition D Cannon Road AGIOS Land LCPA 09-05 Scott Donnell 760-602-4618 Please process this application as the first of three Local Coastal Program Amendments for the City of Carlsbad for the 2011 calendar year. Additionally, The City of Carlsbad is requesting that the following amendment: Reasonable Accommodations Ordinance (LCPA 10-05/ZCA 10-06), be reviewed and determined to be de minimis by the executive director of the California Coastal Commission. Carlsbad staff considers the Inclusionary Housing submittal to be consistent with the criteria for de minimis review required by Section 30514 of the Coastal Act, as substantiated in the attached application and outlined below: • The proposed amendment will not change any land or water uses or the allowable use for any property. • The proposed amendment will have no impact on coastal resources and is consistent with Chapter 3 of the Coastal Act. • Notice to the public was provided consistent with Section 30514(d) of the Coastal Act. • No public comments were received regarding LCPA 10-05. If you have any questions, or require additional information, please feel free to contact me at (760) 602-4620, or the project planners at the numbers listed above. Thank you for your consideration. Sincerely, KEVIN POINTER Associate Planner Enclosures c: Gary Barberio, Community & Economic Development Director David de Cordova, Principal Planner Scott Donnell, Senior Planner Jennifer Jesser, Senior Planner Don Neu, Planning Director 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Scott Donnell From: Sent: To: Cc: Subject: Scott Donnell Thursday, February 24, 2011 9:35 AM David de Cordova Van Lynch Conversation with Ed Gowens, ALUC, regarding review of proposed reasonable accomodation ordinance This morning, I asked Ed if he needed to see the proposed reasonable accommodations ordinance. He responded that it wasn't necessary to send him the ordinance for ALUC review since the ordinance would just establish a procedure and would not result in any development. I will put a copy of this email in the project file. ^ CITV Of CARLSBAD Scott Donnell Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov P: 760.602.4618 F: 760.602.8559 E: scott.donnell@carlsbadca.gov Scott Donnell From: Scott Donnell Sent: Friday, January 14, 2011 2:39 PM To: ann.menasche@disabilityrightsca.org Cc: Chris Garcia; David de Cordova Subject: City of Carlsbad Reasonable Accommodations Ordinance - Revisions Good afternoon, Thank you for your email (below), fon^/arded to us by Jose Cervantes of the Center for Social Advocacy, and our subsequent phone conversation with Chris Garcia and me regarding Carlsbad's proposed Reasonable Accommodations Ordinance. Based on your email and our conversation, we have revised the draft ordinance to address your concerns with the exception of your concern regarding "feasible flexibility." We opted to keep this phrase for two reasons: 1. "Flexibility" is used in the state's model reasonable accommodations ordinance. On page 2 under "Federal and State Housing Laws," the model ordinance states "...flexibility in the application of land use and zoning and building regulations..." 2. Similar to the state, Carlsbad has proposed to use "flexibility" in regards to the application of land use regulations. Additionally, we have added "feasible" to "flexibility" to indicate there are limits to the amount of flexibility possible. For example, it may not be feasible to vary from a building code. The revised ordinance is now available online as part of the packet for next week's Planning Commission meeting on January 19. You may view it at http://carlsbad.qranicus.com/GeneratedAqendaViewer.php7view id=6&event id=12. If you have any questions, please contact Chris Garcia at 760/602-4622 or chris.qarcia(p)carlsbadca.qov or me. CITt Of CARLSBAD Scott Donnell Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov P: 760.602.4618 F: 760.602.8559 E: scott.donnell@carlsbadca.gov From: Ann Menasche [mailto:Ann.Menasche@disabilityriqhtsca.orq] Sent: Tuesday, January 04, 2011 11:03 AM To: Jose Cervantes Subject: Re: FW: Reasonable Accommodations Ordinance Hi Jose, I just got back into the office yesterday. I have a couple of concerns about the draft. Number one, there should be no charge to request a reasonable accommodation. This would be a barrier to many people with disabilities who are on fixed incomes. Normally any charges are waived for such requests. Number two, I am concerned about certain language that is ill defined and that opens the door to reasonable accommodation requests being denied without sufficient legal basis. Those words include "neighborhood compatibility, "feasible flexibility" and "detriment to the surrounding uses or character of the surrounding neighborhood." Third, in addition to eliminating barriers to housing opportunities, language should be used (found in case law) that reasonable accommodations/waiver of certain requirements should be granted in order to provide people with disabilities with "equal opportunity to use and enjoy housing." ANN Ann E. Menasche Attorney Disability Rights California California's protection and advocacy system SAN DIEGO REGIONAL OFFICE 1111 Sixth Avenue, Suite 200 San Diego, CA 92101 Tel: (619) 239-7861 Direct: (619) 814-8524 TTY: (800)719-5798 Toll Free: (800) 776-5746 Fax: (619) 239-7906 Email: ann.menasche(a),disabilitvriqhtsca.orq www.disabilitvriqhtsca.orq www.disabilitvriqhtsca.orq/espanol CITY OF V^CARLSBAD Planning Division www.carlsbadca.gov December 29, 2010 SUBJECT: ZCA 10-06/LCPA 10-05 - PROPOSED REASONABLE ACCOMMODATION ORDINANCE To Whom It May Concern: The City of Carlsbad is considering text amendments to its Zoning Code and Local Coastal Program (LCP) in regards to requests for reasonable accommodation for people with disabilities as described below. This amendment is being proposed by the City of Carlsbad and is currently under review. The Planning Commission hearing is expected to take place January 19, 2011, and will be duly noticed. The City Council hearing is expected to take place in February 2011, and will be duly noticed. The ordinance will not become effective until approved by the California Coastal Commission. The proposed amendment will add procedures and regulations governing requests for reasonable accommodations for people with disabilities in order to ensure consistency with the Federal Fair Housing Amendments Act and California's Fair Employment and Housing Act. The proposal will implement program 3.11 of the proposed Housing Element by adding a new chapter in the Zoning Ordinance. As mentioned in the city's Housing Element, both the Fair Housing Act and the California Fair Employment and Housing Act direct 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. The ordinance specifies the types of requests that may be considered reasonable accommodation, the procedure and reviewing/approval bodies for the requests, and waivers that the city may offer to facilitate the development and rehabilitation of housing for persons with disabilities. The Planning Commission staff report will be available online by January 17th at http://carlsbad.granicus.com/ViewPublisher.php7view id=6. The proposed ordinance is attached to this letter. If you have any questions or concerns about the proposed ordinance, please contact me at Chris.Garcia@carlsbadca.gov or at (760) 602-4622. Sincerely, CHRIS GARCIA Junior Planner CG:bcl c: Principal Planner, David de Cordova Senior Planner, Scott Donnell File Copy 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © Letter dated December 29, 2010 mailed to: Access to Independence of San Diego 8885 Rio San Diego Drive Suite 131 San Diego CA, 92108 Disability Rights California 1111 Sixth Avenue Suite 200 San Diego, CA 92101 San Diego Center for the Blind 1385 Bonair Road Vista, California 92084 San Diego County Apartment Association 8788 Balboa Ave., Suite B San Diego, CA 92123 Legal Aid Society of San Diego, Inc. North County Office 216 S. Tremont Street Oceanside, CA 92054