HomeMy WebLinkAbout11-03 CC Ordinance ORDINANCE NO. 11-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING A PROCEDURE TO
REQUEST A REASONABLE ACCOMMODATION FROM
THE CITY'S ZONING AND LAND USE POLICIES,
DESIGNATING RESIDENTIAL CARE FACILITIES
SERVING SIX OR FEWER PERSONS AS A PERMITTED
USE IN RESIDENTIAL ZONING DISTRICTS,
AUTHORIZING THE PLANNING COMMISSION TO
REVIEW APPEALS OF THE PLANNING DIRECTOR'S
DECISIONS, AND AMENDING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE (LONG RANGE
PLANNING PROJECT NO. LR11-0002)
WHEREAS, the State Legislature has declared that the lack of housing, including
housing for persons with disabilities, is a critical problem that threatens the economic,
environmental, and social quality of life in California; and
WHEREAS, Government Code Section 65583 requires that the City's housing
element address governmental constraints to the development of housing, including
housing for individuals with disabilities, and that the City provide reasonable
accommodations for housing for persons with disabilities; and
WHEREAS, a procedure for individuals with disabilities and developers of
housing for individuals with disabilities to seek relief in the application of land use and
zoning regulations, policies, practices and procedures will further the City's compliance
with federal and state fair housing , laws and provide greater opportunities for the
development of critically needed housing for individuals with disabilities; and
WHEREAS, state law requires that residential care facilities serving six or fewer
persons be treated as permitted uses in all residential districts to encourage access to
housing for disabled persons; and
WHEREAS, to conform to state and federal law and to provide disabled persons
an equal opportunity to use and enjoy housing, it is necessary to amend Title 17
(Zoning) of the Temecula Municipal Code to establish a reasonable accommodations
procedure and designate residential care facilities serving six or fewer persons as a
permitted use in all residential zoning districts.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine, and declare that:
A. The Planning Commission considered this Ordinance and the Negative
Declaration on June 1, 2011, at a duly noticed public hearing, as prescribed by law, at
R:/Ords 2011/Ords 11-03 1
which time the City Staff and interested persons had an opportunity to and did testify
either in support or opposition to this matter.
- B. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 11-22
recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance and
Negative Declaration on June 28, 2011, at a duly noticed public hearing, as prescribed
by law, at which time the City Staff and interested persons had an opportunity to and did
testify either in support or opposition to this matter.
D. Following the public hearing, the City Council considered the entire record
of information received at the public hearings before the Planning Commission and City
Council.
Section 2. Further Findings. The City Council of the City of Temecula in
approving the proposed Municipal Code amendment in Planning Application Number
LR11-0002 hereby makes the following additional findings as required by Section
17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
A. The use is allowed in the land use designation in which the use is located,
as shown on the land use map, or is described in the text of the General Plan;
The proposed Ordinance establishes a procedure to request a reasonable
, accommodation from the City's zoning and land use policies. The proposed
Ordinance also designates residential care facilities serving six or fewer persons
as a permitted use in all residential zoning districts. The amendment to Title 17
of the Temecula Municipal Code does not concern a particular land use
designation, but it has been designed to be consistent with State Housing Law,
the Temecula Housing Element Update, and to be internally consistent with the
other elements of the Temecula General Plan.
B. The proposed use is in conformance with the goals, policies, programs
and guidelines of elements of the General Plan;
The proposed Ordinance establishing a procedure to request a reasonable
accommodation from the City's zoning and land use policies, and designating
residential care facilities serving six or fewer persons as a permitted use in all
residential zoning districts, has been reviewed by all appropriate departments to
ensure it is in conformance with the goals, policies, programs and guidelines of
elements of the General Plan. The Ordinance implements the following goals
and policies contained in the City's Housing E/ement:
• Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the
City will amend the Development Code to treat licensed residential care
R:/Ords 2011/Ords 11-03 2
facilities and group homes serving six or fewer no differently than other by-
right single family housing uses;
• Consistent with SB 520 enacted January 1, 2002, the City annually analyzes
and determines constraints on the development, maintenance, and
improvement of housing for persons with disabilities; and
• Amend the Development Code and adopt a formalized reasonable
accommodation ordinance to provide exception in zoning and land use for
housing for persons with disabilities.
C. The proposed use is to be established and maintained in a manner which
is consistent with the General Plan and all applicable provisions contained therein;
The Ordinance has been designed to be consistent with State Housing Law, the
Temecula Housing Element Update, and with the Temecula General Plan and all
applicable provisions contained therein.
Section 3. Environmental Findings. The City Council of the City of Temecula
hereby makes the following environmental findings and determinations in connection
with the approval of the proposed Ordinance:
A. Pursuant to the California Environmental Quality Act (Public Resources
Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code
of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines,
the City Council finds that City staff prepared an Initial Study of the potential
environmental effects of this Ordinance amending Title 17 of the City's Municipal Code
to establish a reasonable accommodations procedure ("Project"). Based upon the
findings contained in that Initial Study, Staff determined that there was no substantial
evidence that the Project could have a significant effect on the environment and a
Negative Declaration yvas prepared. Thereafter, Staff provided public notice of the
public comment period and of the intent to adopt the Negative Declaration as required
by law. The public comment period commenced on May 7, 2011 and expired on May
26, 2011. Copies of the documents have been available for public review and
inspection at the offices of the Department of Community Development at City Hall,
located at 41000 Main Street, Temecula, California 92590.
B. The City Council has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration prior to and at the June 28, 2011 public
hearing, and based on the whole record before it, finds that (1) the Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the
Project will have a significant effect on the environment; and (3) the Negative
Declaration reflects the independent judgment and analysis of the City Council. Based
on the findings set forth in this Section, the City Council hereby adopts the Negative
Declaration prepared for the Project.
R:/Ords 2011/Ords 11-03 3
Section 4. A new Section 17.03.065 is hereby added to Title 17 (Zoning) of the
Temecula Municipal Code to read as follows:
"17.03.065 Reasonable Accommodations.
A. Purpose and Intent.
It is the purpose of this section to provide reasonable accommodations in the City's
zoning and land use regulations, policies, and practices when needed to provide an
individual with a disability an equal opportunity to use and enjoy a dwelling.
B. Definitions. The following terms as used in this section shall, unless the
context clearly indicates otherwise, have the following meanings:
"Applicant" means a person, business, or organization making a written request to the
City for reasonable accommodation in the strict application of the City's zoning and land
use laws, rules, policies, practices and/or procedures.
"Director" means the Director of Planning.
"Disabled Person" or "Person with a Disability" means an individual who has a physical
or mental impairment that limits one or more of that person's major life activities; anyone
who is regarded as having such impairment; or anyone who has a record of having such
an impairment. Such an impairment shall not include an individual's current, illegal use
of a controlled substance.
"Fair Housing Laws" means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.),
the Americans with Disabilities Act, and the "California Fair Employment and Housing
Act" (California Government Code Section 12900, et seq.), as these statutes now exist
or may be amended from time to time, and each Act's implementing regulations.
"Reasonable Accommodation" means any deviation requested and/or granted from the
strict application of the City's zoning and land use laws, rules, policies, practices and/or
procedures.
C. Authority of the Planning Director
The Planning Director is hereby designated to approve, conditionally approve, or deny,
without public hearing, all applications for a reasonable accommodation.
D. Procedure for Application Review.
1. Applicant. A request for a reasonable accommodation may be
made by any person with a disability, his or her representative, or a developer or
provider of housing for individuals with a disability.
2. Application. An application for a reasonable accommodation shall
be made on a form provided by the Planning Department. No fee shall be required for a
R:/Ords 2011/Ords 11-03 4
request for reasonable accommodation, but if the project requires another discretionary
permit, then the prescribed fee shall be paid for all other discretionary permits. If an
individual needs assistance in making the request for reasonable accommodation, the
City will provide assistance to ensure that the process is accessible.
3. Other Discretionary Permits. If the project for which the request for
reasonable accommodation is made requires another discretionary permit or approval,
the applicant may file the request for reasonable accommodation together with the
application for the other discretionary permit or approval. The processing procedures of
the discretionary permit shall govern the joint processing of both the reasonable
accommodation and the discretionary permit.
4. Required Submittals. An application for a reasonable
accommodation shall include the following:
a) Documentation that the applicant is: (i) a person with a
disability; (ii) applying on behalf of one or more persons with
a disability; or (iii) a developer or provider of housing for one
. or more persons with a disability.
b) The name and address of the individual(s) requesting the
reasonable accommodation.
c) The name and address of the property owner(s).
d) The address of the property for which accommodation is
requested.
e) A description of the reasonable accommodation requested
by the applicant.
f) An explanation of how the specific reasonable
accommodation requested by the applicant is necessary to
provide one or more persons with a disability an equal
opportunity to use and enjoy the residence.
g) Where applicable, documentation that the requested
accommodation is designed and constructed pursuant to
Title 24 of the California Code of Regulations to allow
access, circulation and full use of the building and facilities
by persons with disabilities.
5. The Planning Director may request additional information from the
applicant if the application does not provide sufficient information� for the City to make
the findings required in Section E.
E. Basis for Approval or Denial of a Reasonable Accommodation.
R:/Ords 2011/Ords 11-03 5
1. Findinqs. The written decision shall be based on the following
findings, all of which are required for approval:
a) The requested accommodation is requested by or on behalf
of one or more persons with a disability protected under the
Fair Housing Laws.
b) The requested accommodation is necessary to provide one
or more individuals with a disability an equal opportunity to
use and enjoy a dwelling.
c) The requested accommodation will not impose an undue
financial or administrative burden on the City.
d) The requested accommodation will not result in a
fundamental alteration in the nature of the City's zoning
program.
e) The requested accommodation will not, under the specific
facts of the case, result in a direct threat to the health or
safety of other individuals or substantial physical damage to
the property of others.
2. In determining whether the requested reasonable accommodation
is necessary to provide one or more disabled persons an equal opportunity to use and
enjoy a dwelling, pursuant to Section (E)(1)(b) above, the City may consider, but is not
limited to, the following factors:
a) Whether the requested accommodation will affirmatively
enhance the quality of life of one or more individuals with a
disability.
b) Whether the individual or individuals with a disability wilt be
denied an equal opportunity to enjoy the housing type of
their choice absent the accommodation.
c) In the case of a residential care facility, whether the
requested accommodation is necessary to make facilities of
a similar nature or operation economicatly viable in light of
the particularities of the relevant market and market
participants.
d) In the case of a residential care facility, whether the existing
supply of facilities of a similar nature and operation in the
community is sufficient to provide individuals with a disability
an equal opportunity to live in a residential setting.
R:/Ords 2011/Ords 11-03 6
3. In determining whether the requested reasonable accommodation
would require a fundamental alteration in the nature of the City's zoning program,
pursuant to , Section (E)(1)(d) above, the City may consider, but is not limited to, the
following factors:
a) Whether the requested accommodation would fundamentally
alter the character of the neighborhood.
b) Whether the accommodation would result in a substantial
increase in traffic or insufficient parking.
c) Whether granting the requested accommodation would
substantially undermine any express purpose of either the
City's General Plan or an applicable Specific Plan.
d) In the case of a residential care facility, whether the
requested accommodation would create an institutionalized
environment due to the number of and distance between
facilities that are similar in nature or operation.
4. Rules While Decision is Pendinq. While a request for reasonable
accommodation is pending, all laws and regulations otherwise applicable to the property
that is the subject of the request shall remain in full force and effect.
F. Notice of Decision
1. The Planning Director shall issue a written determination to
approve, conditionally approve, or deny a request for a reasonable accommodation.
The Planning Director may elect to forward the matter to the Planning Commission for
consideration of the application.
2. Appeals of the Director's action shall be made in accordance with
Section 17.03.090.
G. Expiration, Time Extension, Violation, Discontinuance, and Revocation.
1. Expiration. Any reasonable accommodation approved in
accordance with the terms of this Section shall expire within twenty-four (24) months
from the effective date of the approval, or at an alternative time specified as a condition
of the approval, unless:
a) A building permit has been issued and construction has
commenced;
b) A certificate of occupancy has been issued;
c) The use is established; or
R:/Ords 2011/Ords 11-03 7
d) A time extension has been granted.
2. Time Extension
a) The Planning Director may, upon an application being filed
prior to expiration and for good cause, grant a time extension
of up to three one-year extensions of time. Each extension of
time shall be granted in one-year increments only. Upon
granting of an extension, the planning director shall ensure
that conditions of the administrative approval comply with all
current development code provisions.
b) Notice. Notice of the Planning Director's decision on a time
extension shall be provided in writing. All written decisions
shall give notice of the right to appeal and to request
reasonable accommodation in the appeals process.
c) A�peal of Determination. A time extension for a reasonable
accommodation shall be final unless appealed to the City
Council within fourteen (14) calendar days of the date of
mailing of the determination. An appeal shall be made in
writing and shall be noticed and heard pursuant to the
procedures established in Section 17.03.090 of this code.
3. Discontinuance. If the disabled persons for whom the reasonable
accommodation was originally granted vacate the residence to which the reasonable
accommodation applies, the reasonable accommodation shall remain in effect only if
the Planning Director determines that (1) the modification is physically integrated into
the residential structure and cannot easily be removed or altered to comply with the
Municipal Code, or (2) the accommodation is necessary to give another disabled
individual an equal opportunity to enjoy the dwelling. The Planning Director may
request that the applicant, or his or her successor-in-interest, provide documentation
that subsequent occupants are persons with disabilities. Failure to provide such
documentation within thirty (30) days of the date of a request by the City shall constitute
grounds for discontinuance by the City of a previously approved reasonable
accommodation.
4. Revocation. Procedures for revocation shall be as prescribed by
Section 17.03.080. Any reasonable accommodation approved in accordance with the
terms of this code may be revoked if any of the conditions or terms of such reasonable
accommodation are violated, or if any law or ordinance is violated in connection
therewith.
H. Amendments.
A request for changes in conditions of approval of a reasonable accommodation, or a
change to plans that would affect a condition of approval shall be treated as a new
application. The Planning Director may waive the requirement for a new application if
R:/Ords 2011/Ords 11-03 8
the changes are minor, do not involve substantial alterations or addition to the plan or
the conditions of approval, and are consistent with the intent of the original approval."
Section 5. Section 17.03.090(B) (Appeals) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Decisions Which May Be Appealed to Planning Commission. The following
actions may be appealed to the planning commission:
1. Actions by the director of planning on approval of development permits,
conditional use permits and extensions of time;
2. Actions by the director of planning on the approval of sign permits;
3. Any other action by the director of planning for which an appeal is
authorized by the Code."
Section 6. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add "Residential care facilities (six or
fewer)" as a permitted use in all residential zoning districts.
Section 7. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened
by reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact
that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
Section 8. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 9. This Ordinance shall take effect thirty (30) days after passage.
R:/Ords 2011/Ords 11-03 9
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 12 day of July, 2011.
Ron Roberts, Mayor
ATTEST:
,
�'i�san W. Jones MMC
� Clerl
[S EAL]
R:/Ords 2011/Ords 11-03 1�
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 11-03 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 28 day of June, 2011,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 12 day of July, 2011, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
�
Susan . Jones, MMC
City Clerk
R:/Ords 2011/Ords 11-03 � 1