Loading...
HomeMy WebLinkAbout2012/07/10 Item 14CITY COUNCIL AGENDA STATEMENT ~`~~ CITY OF CHULA VISTA JULY 10, 2012, Item ITEM TITLE: PUBLIC HEARING TO CONSIDER THE AMENDMENT OF TITLE 1 OF THE CHULA VISTA MUNICIPAL CODE SPECIFYING PROCEDURES FOR REQUESTING REASONABLE ACCOMMODATIONS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 1 OF THE CHULA VISTA MUNICIPAL CODE, BY ADDING A NEW CHAPTER 1.50 AND AMENDING CHAPTER 19.14 RELATED TO PROCEDURES FOR REQUESTING REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIE SEEKING EQUAL ACCESS TO HOUSING. SUBMITTED BY: ASSISTANT CITY MANAGE / DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER °j~ 4/STHS VOTE: YES ~ NO ^X SUMMARY State and Federal law requires local governments to make reasonable accommodations (modifications or exceptions) to their land use regulations and practices when necessary to provide persons with disabilities an equal opportunity to access housing. Adoption of the proposed ordinance would facilitate the City's compliance with federal and state fair housing laws. ENVIRONMENTAL REVIEW The proposed amendment to Title 1 and Chapter 19.14 of the Municipal Code by adding procedures for requesting reasonable accommodations in the application of the City's land use regulations and practices will not result in any physical development in and of itself, and thus will not have an impact on the environment. Further, any future development which utilizes the Reasonable Accommodation ordinance will require environmental review specific to the proposed site. Therefore, the Reasonable Accommodations ordinance is exempt from the California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15061 (b)(3), which states that where it can be seen with certainty that there is no possibility that an 14-1 JULY 10, 2012, Item Page 2 of 4 activity has the potential to have a significant effect on the environment that it is not subject to CEQA. RECOMMENDATION That City Council adopt the Ordinance. BOARDS/COMMISSION RECOMMENDATION The Planning Commission held a public hearing on June 27, 2012 and recommended that the City Council adopt the Ordinance. DISCUSSION Federal and state fair housing law prohibits cities and counties from discriminating against individuals with disabilities through land use and zoning regulations and procedures. Cities are therefore required to make reasonable accommodations (modifications or exceptions) to their land use regulations and practices when necessary to provide persons with disabilities' an equal opportunity to housing. Cities throughout California have responded to the state and federal mandate for reasonable accommodation in numerous fashions including: prepazation of a reasonable accommodation ordinance; enumerating established procedures that ensure reasonable accommodations for persons with disabilities; or creating a group home ordinance. The proposed Reasonable Accommodation Ordinance would establish a formal procedure to consider whether a land use or development standazd or regulation of the City's can be modified or exempted in order to allow an individual with a disability to occupy their home. Adoption of the proposed ordinance would facilitate the City's compliance with federal and state fair housing laws. What is a request fora "reasonable accommodation?" A request fora "reasonable accommodation" is a request for a modification of the land use and development standards, regulations, policies, and processes in the City's Zoning Code as may be necessary to afford a disabled individual an equal opportunity to use and enjoy a dwelling. An accommodation is "reasonable" as long as it does not impose an undue financial or administrative hazdship on the City or require a firndamental alteration in the nature of its zoning scheme. Some examples of reasonable accommodations involving land use, zoning and building requirements include: • An individual with a disability would like to put a wheelchair ramp in her side yard setback. Reasonable accommodation is requested to waive the setback requirement. ~ A person with disabilities is an individual who has a physical or mental impairment that limits or substantially limits one or more major life activities. 14-2 JULY 10, 2012, Item Page 3 of 4 • An individual who is mobility impaired cannot go up stairs anymore and needs to add a first floor bedroom or bathroom. This would require that the home's footprint expand into a side Yazd setback. Reasonable accommodation is requested to waive the setback requirement. ^ A person using a wheelchair has a van and other equipment related to his disability that he needs to have available at his home. He wants to build a gazage and storage azea to accommodate the van and equipment. Unfortunately, the proposed gazage exceeds the allowable square footage and height for an accessory structure. Reasonable accommodation is requested to exceed the development standazd. How will requests for reasonable accommodation be evaluated? Six criteria are to be considered in reviewing a request for reasonable accommodation (see Municipal Code Section 1.050.080). These include whether or not the request would require a fundamental alteration in the nature of a City program or law, the accommodation is necessary to make the housing accessible to the individual and there aze no other feasible alternative means, and it would not impose an undue financial or administrative burden on the City. Conditions may be imposed on the approval as necessary to meet these criteria. Any reasonable accommodation modifications made would be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless it was re-occupied by another qualified individual or removal would cause significant costs or structural changes. Process for requestine the reasonable accommodation Persons requesting a reasonable accommodation will submit an application to the Development Services Department. The request will be considered by the City's Zoning Administrator, if no other discretionary approval is sought other than the request for reasonable accommodation. Requests for reasonable accommodation submitted along with another discretionary application shall be reviewed by the authority considering the discretionary application. General Plan Consistency State law governing the preparation of General Plan Housing Elements requires: • As part of a governmental constraints analysis, a housing element must analyze potential and actual constraints upon the development, maintenance and improvement of housing for persons with disabilities, and demonstrate local efforts to remove governmental constraints that hinder the locality from meeting the housing need for persons with disabilities. • As part of the required constraints program, the element must include programs that remove constraints or provide reasonable accommodations for housing designed for persons with disabilities. 14-3 JULY 10, 2012, Item { ~~ Page 4 of 4 In response to these requirements, the City's General Plan Housing Element, adopted in October 2005, establishes the following policy: H-Policy 7.L3 states that the City will "review and update applicable sections of the Chula Vista Municipal Code and Building code and other City processes to remove identified constraints, if any, and establish a formal reasonable accommodation procedure to grant exception an zoning and land use jor persons with disabilities. " The project is consistent with the General Plan and facilitates the City's compliance with federal and state fair housing laws. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT The proposed ordinance would create a new application procedure for the Development Services Department. A new application procedure would require staff time and training. Charging a fee for a reasonable accommodation application has been found to be inconsistent with federal and state fair housing law. ONGOING FISCAL IMPACT Ongoing fiscal impacts relate to staff costs in reviewing applications requesting reasonable accommodations. It is anticipated that requests for reasonable accommodations will be minimal. Persons between the ages of 16 to 64 with sensory, physical, or mental disabilities comprise approximately 4 percent of the total population (2010 American Communities Survey). ATTACHMENTS Planning Commission Resolution PCM-12-10 Prepared by: Leilani Hines, Principal Project Coordinator, Development Services Dept-Housing Division 14-4 A 77At~ ,~ & ~ T ~ RESOLUTION N0. PCM-12-10 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING TO CITY COUNCIL ADOPTION OF AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 1 OF THE CHULA VISTA MUNICIPAL CODE, BY ADDING A NEW CHAPTER 1.50 AND AMENDING CHAPTER 19.14 RELATED TO PROCEDURES FOR REQUESTING REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING WHEREAS, the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act prohibit discrimination in housing against persons with disabilities and require that cities take affirmative action to eliminate regulations and practices that deny housing opportunities to individuals with disabilities; and WHEREAS, fair housing laws require cities to make "reasonable accommodations" (e.g., modifications or exceptions) in the application of their zoning laws and other land use regulations and practices to facilitate equal housing opportunities for persons with disabilities; and WHEREAS, California Government Code section's 65008(a) and (b) prohibits discrimination in local governments' zoning and land use actions based on (among other categories) familial status, disability, or occupancy by low to middle income persons; and WHEREAS, the underlying goal of this legislation is to allow persons with disabilities to occupy housing that they could not occupy without the accommodation; and WHEREAS, State Housing Element law requires cities to identify constraints to providing housing for persons with disabilities and develop strategies for removing those constraints and to have a program that removes constraints to, or provides reasonable accommodations for such housing; and WHEREAS, Housing Element Policy 7.1.3 of the City's General Plan reflects the City's intention to encourage housing for persons with disabilities and states the City will "review and update applicable sections of the Chula Vista Municipal Code and Building code and other City processes to remove identified constraints, if any, and establish a formal reasonable accommodation procedure to grant exception in zoning and land use' for persons with disabilities"; and WHEREAS, in order to comply with Federal and State fair housing laws and implement the City's Housing Element of the General Plan, an ordinance has been proposed that provides a procedure for considering requests for reasonable accommodations; and 14-5 PCM 12-10 Page 2 WHEREAS, the Development Services Director set the time and place for a hearing on the Ordinance, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June 27, 2012, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on June 27, 2012, as set forth in the record of its proceedings therein, and having made certain findings, as set forth in their recommending Resolution PCM-12-10 recommends that the City Council approve the Ordinance, based on certain terms and conditions; and WHEREAS, the Development Services Director has reviewed the proposed Ordinance for compliance with the California Environmental Quality Act (CEQA]"and has determined that the proposed Draft Reasonable Accommodations Ordinance is consistent with the Chula Vista General Plan Vision 2020 and there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary; and WHEREAS, the proposed Reasonable Accommodations Ordinance, attached as Exhibit "A" acid incorporated herein by this reference will amend Title 1 of the Chula Vista Municipal Code by adding Chapter 1.50 and amending Chapter 19.14. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista, that it recommends to the City Council adoption of an ordinance of the City of Chula Vista amending Title 1 of the Chula Vista Municipal Code, by adding a new Chapter 1.50 and amending Chapter 19.14 related to procedures for requesting reasonable accommodations for persons with disabilities seeking equal access to housing consistent with Federal and State fair housing laws and with the Chula Vista General Plan and Housing Element. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. 14-6 PCM 12-10 Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27t~ day of June, 2012, by the following vote, to-wit: AYES: Spethman, Calvo, Anaya, Moctezuma, Vinson, Felber, Liuag NOES: ABSENT: ABSTAIN: Michael Spethman, Chair ATTEST: a.` - Diana Vargas, Secreta City Manager/Development Services Director 14-7 Approved as to form by: Glen R. Googins City Attorney Presented by: ORDINANCE N0. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 1 OF THE CHULA VISTA MUNICIPAL CODE, BY ADDING A NEW CHAPTER 1.50 AND AMENDING CHAPTER 19.14 RELATED TO PROCEDURES FOR REQUESTING REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING WHEREAS, the federal Fair Housing Amendments Act of 1988 and the Califomia Fair Employment and Housing Act (known collectively as the "Acts") prohibit discrimination in housing against persons with disabilities and require that cities take affirmative action to eliminate regulations and practices that deny housing opportunities to individuals with disabilities; and WHEREAS, fair housing laws require cities to make "reasonable accommodations" (e.g., modifications or exceptions) in the application of their zoning laws and other land use regulations and practices to facilitate equal housing opportunities for persons with disabilities; and WHEREAS, California Government Code section's 65008(a) and (b) prohibits discrimination in local governments' zoning and land use actions based on (among other categories) familial status, disability, or occupancy by low to middle income persons; and WHEREAS, the underlying goal of this legislation is to allow persons with disabilities to occupy housing that they could not occupy without the accommodation; and WHEREAS, State Housing Element law requires cities to identify constraints to providing housing for persons with disabilities and develop strategies for removing those constraints and to have a program that removes constraints to, or provides reasonable accommodations for such housing; and WHEREAS, Housing Element Policy 7.1.3 of the City's General Plan reflects the City's intention to encourage housing for persons with disabilities and states the City will "review and update applicable sections of the Chula Vista Municipal Code and Building Code and other City processes to remove identified constraints, if any, and establish a formal reasonable accommodation procedure to grant exception in zoning and land use for persons with disabilities"; and WHEREAS, in order to comply with Federal and State regulations and implement the City's Housing Element of the General Plan, an ordinance has been proposed that provides a procedure for considering requests for reasonable accommodations; and 14-8 WHEREAS, the Development Services Director has reviewed the Ordinance for compliance with the California Envirorunental Quality Act (CEQA) and has determined that the adoption and implementation of the proposed amendment to Title 1 and Chapter 19.14 of the Municipal Code by adding procedures for requesting reasonable accommodations in the application of the City's land use regulations and practices will not result in any physical development in and of itself, and thus will not have an impact on the environment. The Development Services Director does hereby further find and determine that the Reasonable Accommodations Ordinance is exempt from the California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that this activity has the potential to have a significant effect on the environment, and therefore, is not subject to CEQA; and WHEREAS, the Planning Commission held an advertised public hearing on the Ordinance on June 27, 2012 and voted 7-0 to recommend that the City Council approve the Reasonable Accommodations Ordinance; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Ordinance held on June 27, 2012, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 10, 2012 on the Ordinance to receive the recommendations of the Planning Commission, and to heaz public testimony with regard to the same. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and approve the proposed amendments to the City of Chula Vista Municipal Code to establish procedures for considering requests for reasonable zoning and building code accommodations for disabled persons and does ordain as follows: Section I. Actions A. Title 1 of the Chula Vista Municipal Code is amended by adding a new Chapter 1.50 to read as follows: "CHAPTER 1.50 REASONABLE ACCOMMODATIONS FOR EQUAL ACCESS TO HOUSING Sections: 1.50.010 Purpose. 1.50.020 Definitions. 1.50.030 Applicability. 1.50.040 Notice to the Public of Availability of Accommodation Process. 1.50.050 Application Requirements. 1.50.060 Review Authority. 1.50.070 Review Procedure. 14-9 1.50.080 Findings and Decision. 1.50.090 Appeal of Determination. 1.50.100 Removal of Improvement. 1.50.110 Savings Clause. 1.50.010 Purpose. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the Califomia Fair Employment and Housing Act in the application of zoning, land use, or building laws, rules, policies and procedures of the City. 1.50.020 Definitions. A. "Acts" means The Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act. B. "Applicant" means an individual making a request for reasonable accommodation pursuant to this Chapter. C. "Cade" or "CVMC" means the Chula Vista Municipal Code. D. "Department" means the Development Services Department of the City of Chula Vista. E. "Disabled Person" means any person who has a physical or mental impairment that substantially limits one or more major life activities, anyone who is regarded as having such impairment, or has a record of such impairment. People who are currently using illegal substances are not covered under the Acts or this Chapter unless they have a separate disability. 1.50.030 Applicability. A. Persons with Disabilities. A request for reasonable accommodation may be made by any person with a disability or their representative when the application of zoning, land use, or building laws, rules, policies and procedures of the City acts as a barrier to fair housing opportunities. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. B. Modification to Eliminate Barriers. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory bamers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by CVMC Section 1.50.050 (Application Requirements). 14-10 1.50.040 Notice to the Public of Availability of Accommodation Process. The Development Services Department shall prominently display in public areas of the Development Services Department a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter. 1.50.050 Application Requirements. A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Development Services Department and shall contain the following information: 1. The applicant's and property owner's name, address and telephone number. 2. Address of the property for which the request is being made. 3. The current use of the property. 4. The zoning code provision, regulation or policy from which accommodation is being requested; and, 5. The basis for the claim that the individual is considered disabled under the Acts and why the accommodation is necessary to make the specific housing available to the individual. B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval (including but not limited to: conditional use permit, design review, etc.), then the applicant shall file the information required by Subsection A together for concurrent review with the application for discretionary approval. 1.50.060 Review Authority. A. Zoning Administrator/BuildinQ Official. The Zoning Administrator shall have the authority to consider and act on requests for reasonable accommodation if no approval is sought other than the request for reasonable accommodation. The Zoning Administrator shall designate the Building Official to act on his/her behalf for requests that involve reasonable accommodations to the Building Code. B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary application shall be reviewed by the authority reviewing the discretionary application. 1.50.070 Review Procedure. When a request for reasonable accommodation is filed with the Department, it will be referred to the Zoning Administrator or Building Official for review and consideration, or if filed concurrently with a discretionary land use application, the authority responsible for reviewing the discretionary land use application. 14-11 A. Zoning Administrator or Buildin¢ Official Review. The Zoning Administrator or Building Official shall issue a written determination, in accordance with CVMC Section 1.50.080 (Findings and Decision), within sixty (60) days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified conditions, or (3) deny the request. 1. If necessary to reach a determination on the request for reasonable accommodation, the Zoning Administrator or Building Official may request further information from the applicant consistent with this Chapter, specifying in detail what information is required. In the event a request for further information is made, the sixty (60) day period to issue a written determination shall be stayed until the applicant responds to the request. 2. The written determination shall contain the Zoning Administrator's or Building Official's factual findings, conclusions and reasons for the decision. 3. The notice of determination shall be sent to the applicant by U.S. mail. B. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with CVMC Section 1.50.080 (Findings and Decision). C. Assistance in Makine Request. If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding such request, the Department will endeavor to provide the assistance necessary to complete the application and assist in the review process to ensure that the process is accessible to the applicant or their representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant. 1.50.080 Findings and Decision. A. Findin s. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts. In making a determination, the Zoning Administrator, Building Official or discretionazy review authority, as applicable, shall analyze, consider and incorporate into the record of the proceeding relating to such request for reasonable accommodation the following: 1. The housing, which is the subject of the request, will be used by an individual protected under the Acts. 2. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. 14-12 3. The requested reasonable accommodation will not waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the City's land use and zoning regulations. 4. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City. 5. The requested reasonable accommodation will not require a fundamental alteration in the nature of the laws, rules, policies, procedures or programs of the City, including but not limited to land use and zoning. 6. There are no feasible alternative means for providing a reasonable accommodation at the property which may provide an equivalent level of benefit. B. Conditions of Approval. In granting a request for reasonable accommodation, the Zoning Administrator, Building Official or discretionary reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the Findings required by Subsection A above. 1.50.090 Appeal of Determination. Within ten (10) business days of the issuance of a written determination, the applicant or other interested party may file an appeal from the determination of the Zoning Administrator or other discretionary reviewing authority to the City Council, in compliance with CVMC Section 19.14 or the Building Official consistent with CVMC Section 15.06.070, as applicable. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the Department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant. 1.50.100 Removal of Improvement. All improvements constructed under the auspices of this Chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless it is determined that the unit has been re-occupied by a qualified person, or if it is determined by the Zoning Administrator, Building Official, or other discretionary reviewing authority that the removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure as determined solely by the Building Official or such costs of removal equal or exceeds 25 percent of the market value of the structure). 1.50.110 Savings Clause. If any provision of this Chapter or the application thereof to any person or circumstances is held to be invalid by a court of competent jurisdiction, the remainder of the Chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby." 14-13 B. Chapter 19.14 is amended by adding a new Section 19.14.030 (F) to read as follows: "F. Reasonable Accommodations. The Zoning Administrator shall be authorized to consider and act on requests for reasonable accommodation if no other discretionary application is sought other than the request for reasonable accommodation, as defined and regulated in CVMC Chapter 1.50. The decision of the Zoning Administrator may be appealed pursuant to CVMC Section 19.14.100. A request for reasonable accommodation in the application of zoning regulations for persons with disabilities is not considered a variance and is covered by CVMC Chapter 1.50." C. Section 19.14.140 is amended to read as follows: "The granting of a variance is an administrative act to allow a variation from the strict application of the regulations of the particular zone, and to provide a reasonable use for a parcel of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the variance is to bring a particular parcel up to parity with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity. The variance may not be used to correct improper zoning. A request for reasonable accommodation in the ann]ication of zonine regulations for nersons with disabilities is not considered a variance and is covered by CVMC Chanter 1 50. It is the purpose of this chapter to set forth the findings necessary for such administrative action and to establish a procedure for granting variances. In no case shall a variance be granted to permit a use other than a use permitted in the district in which the subject property is situated." Section II. Environmental Determination The City Council has exercised their independent review and judgment and does hereby find and determine that the adoption and implementation of the proposed amendment to Title 1 and Chapter 19.14 of the Municipal Code by adding procedures for requesting reasonable accommodations in the application of the City's land use regulations and practices will not result in any physical development in and of itself, and thus will not have an impact on the environment. The City Council does hereby further find and determine that the Reasonable Accommodations Ordinance is exempt from the California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that this activity has the potential to have a significant effect on the environment, and therefore, is not subject to CEQA. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of 14-14 Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Gary Halbert, PE, AICP Assistant City Manager/ Director of Development Services Approved as to form by: a len R. oogin orney 14-15 .~~~ N'o. ~ ~- ~v~se~ ~~t~tZ ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE, BY ADDING A NEW CHAPTER 1.50 AND AMENDING CHAPTER 19.14 RELATED TO PROCEDURES FOR REQUESTING REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING WHEREAS, the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (known collectively as the "Acts") prohibit discrimination in housing against persons with disabilities and require that cities take affirmative action to eliminate regulations and practices that deny housing opportunities to individuals with disabilities; and WHEREAS, fair housing laws require cities to make "reasonable accommodations" (e.g., modifications or exceptions) in the application of their zoning laws and other land use regulations and practices to facilitate equal housing opportunities for persons with disabilities; and WHEREAS, Califomia Government Code section's 65008(a) and (b) prohibits discrimination in local governments' zoning and land use actions based on (among other categories) familial status, disability, or occupancy by low to middle income persons; and WHEREAS, the underlying goal of this legislation is to allow persons with disabilities to occupy housing that they could not occupy without the accommodation; and WHEREAS, State Housing Element law requires cities to identify constraints to providing housing for persons with disabilities and develop strategies for removing those constraints and to have a program that removes constraints to, or provides reasonable accommodations for such housing; and WHEREAS, Housing Element Policy 7.1.3 of the City's General Plan reflects the City's intention to encourage housing for persons with disabilities and states the City will "review and update applicable sections of the Chula Vista Municipal Code and Building Code and other City processes to remove identified constraints, if any, and establish a formal reasonable accommodation procedure to grant exception in zoning and land use for persons with disabilities"; and WHEREAS, in order to comply with Federal and State regulations and implement the City's Housing Element of the General Plan, an ordinance has been proposed that provides a procedure for considering requests for reasonable accommodations; and WHEREAS, the Development Services Director has reviewed the Ordinance for compliance with the California Environmental Quality Act (CEQA) and has determined that the adoption and implementation of the proposed amendment to Title 1 and Chapter 19.14 of the Municipal Code by adding procedures for requesting reasonable accommodations in the application of the City's land use regulations and practices will not result in any physical development in and of itself, and thus will not have an impact on the environment. The Development Services Director does hereby further find and determine that the Reasonable Accommodations Ordinance is exempt from the California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that this activity has the potential to have a significant effect on the environment, and therefore, is not subject to CEQA; and WHEREAS, the Planning Commission held an advertised public heazing on the Ordinance on June 27, 2012 and voted 7-0 to recommend that the City Council approve the Reasonable Accommodations Ordinance; and _ WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Ordinance held on June 27, 2012, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 10, 2012 on the Ordinance to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and approve the proposed amendments to the City of Chula Vista Municipal Code to establish procedures for considering requests for reasonable zoning and building code accommodations for disabled persons and does ordain as follows: Section I. Actions A. Title 1 of the Chula Vista Municipal Code is amended by adding a new Chapter 1.50 to read as follows: "CHAPTER 1.50 REASONABLE ACCOMMODATIONS FOR EQUAL ACCESS TO HOUSING Sections: 1.50.010 Purpose. 1.50.020 Definitions. 1.50.030 Applicability. 1.50.040 Notice to the Public of Availability of Accommodation Process. 1.50.050 Application Requirements. 1.50.060 Review Authority. 1.50.070 Review Procedure. 1.50.080 Findings and Decision. 1.50.090 Appeal of Determination. 1.50.100 Removal of Improvement. 1.50.110 Savings Clause. 1.50.010 Purpose. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning, land use, or building laws, rules, policies and procedures of the City. 1.50.020 Definitions. A. "Acts" means The Fair Housing Amendments Act of 1988 and the Califomia Fair Employment and Housing Act. B. "Applicant" means an individual making a request for reasonable accommodation pursuant to this Chapter. C. "Code" or "CVMC" means the Chula Vista Municipal Code. D. "Department" means the Development Services Department of the City of Chula Vista. E. "Disabled Person" means any person who has a physical or mental impairment that substantially limits one or more major life activities, anyone who is regarded as having such impairment, or has a record of such impairment. People who are currently using illegal substances are not covered under the Acts or this Chapter unless they have a separate disability. 1.50.030 Applicability. A. Persons with Disabilities. A request for reasonable accommodation may be made by any person with a disability or their representative when the application of zoning, land use, or building laws, rules, policies and procedures of the City acts as a barrier to fair housing opportunities. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. B. Modification to Eliminate Bamers. A request for reasonable accommodation may include a modification or exception fo the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by CVMC Section 1.50.050 (Application Requirements). 1.50.040 Notice to the Public of Availability of Accommodation Process. The Development Services Department shall prominently display in public azeas of the Development Services Department a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter. 1.50.050 Application Requirements. A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Development Services Department and shall contain the following information: 1. The applicant's and property owner's name, address and telephone number. 2. Address of the property for which the request is being made. 3. The current use of the property. 4. The zoning code provision, regulation or policy from which accommodation is being requested; and, 5. The basis for the claim that the individual is considered disabled under the Acts and why the accommodation is necessary to make the specific housing available to the individual. B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires other discretionazy approval (including but not limited to: conditional use permit, design review, etc.), then the applicant shall file the information required by Subsection A together for concurrent review with the application for discretionary approval. 1.50.060 Review Authority. A. Zoning Administrator/Building Official. The Zoning Administrator shall have the authority to consider and act on requests for reasonable accommodation if no approval is sought other than the request for reasonable accommodation. The Zoning Administrator shall designate the Building Official to act on his/her behalf for requests that involve reasonable accommodations to the Building Code. B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary application shall be reviewed by the authority reviewing the discretionary application. 1.50.070 Review Procedure. When a request for reasonable accommodation is filed with the Department, it will be referred to the Zoning Administrator or Building Official for review and consideration, or if filed concurrently with a discretionary land use application, the authority responsible for reviewing the discretionazy land use application. A. Zonins Administrator or Building Official Review. The Zoning Administrator or Building Official shall issue a written determination, in accordance with CVMC Section 1.50.080 (Findings and Decision), within sixty (60) days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified conditions, or (3) deny the request, 1. If necessary to reach a determination on the request for reasonable accommodation, the Zoning Administrator or Building Official may request further information from the applicant consistent with this Chapter, specifying in detail what information is required. In the event a request for further information is made, the sixty (60) day period to issue a written determination shall be stayed until the applicant responds to the request. 2. The written determination shall contain the Zoning Administrator's or Building Official's factual findings, conclusions and reasons for the decision. 3. The notice of determination shall be sent to the applicant by U.S. mail. B. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with CVMC Section 1.50.080 (Findings and Decision). C. Assistance in Making Request. If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding such request, the Department will endeavor to provide the assistance necessary to complete the application and assist in the review process to ensure that the process is accessible to the applicant or their representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant. 1.50.080 Findings and Decision. A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts. In making a determination, the Zoning Administrator, Building Official or discretionary review authority, as applicable, shall analyze, consider and incorporate into the record of the proceeding relating to such request for reasonable accommodation the following: 1. The housing, which is the subject of the request, will be used by an individual protected under the Acts. 2. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The requested reasonable accommodation will not waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the City's land use and zoning regulations. 4. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City. 5. The requested reasonable accommodation will not require a fundamental alteration in the nature of the laws, rules, policies, procedures or programs of the City, including but not limited to land use and zoning. There are no feasible alternative means for providing a reasonable accommodation at the property which may provide an equivalent level of benefit. B. Conditions of Approval. In granting a request for reasonable accommodation, the Zoning Administrator, Building Official or discretionary reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the Findings required by Subsection A above. 1.50.090 Appeal of Determination. Within ten (10) business days of the issuance of a written determination, the applicant or other interested party may file an appeal from the determination of the Zoning Administrator or other discretionary reviewing authority to the City Council, in compliance with CVMC Section 19.14 or the Building Official consistent with CVMC Section 15.06.070, as applicable. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the Department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant. 1.50.100 Removal of Improvement. All improvements constructed under the auspices of this Chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Development Services Director, Zoning Administrator, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows: The unit has been re-occupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or, 2. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceeds 25 percent of the mazket value of the structure. 1.50.110 Savings Clause. If any provision of this Chapter or the application thereof to any person or circumstances is held to be invalid by a court of competent jurisdiction, the remainder of the Chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby." B. Chapter 19.14 is amended by adding a new Section 19.14.030 (F) to read as follows: "F. Reasonable Accommodations. The Zoning Administrator shall be authorized to consider and act on requests for reasonable accommodation if no other discretionary application is sought other than the request for reasonable accommodation, as defined and regulated in CVMC Chapter 1.50. The decision of the Zoning Administrator may be appealed pursuant to CVMC Section 19.14.100. A request for reasonable accommodation in the application of zoning regulations for persons with disabilities is not considered a variance and is covered by CVMC Chapter 1.50." C. Section 19.14.140 is amended to read as follows: "The granting of a vaziance is an administrative act to allow a variation from the strict application of the regulations of the particular zone, and to provide a reasonable use for a parcel of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the variance is to bring a particular parcel up to parity with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity. The variance may not be used to correct improper zoning. A reouest for reasonable accommodation in the a~ulication of zonin¢ regulations fox nersons with disabilities is not considered a variance and is covered by CVMC Chanter 1.50. It is the purpose of this chapter to set forth the findings necessary for such administrative action and to establish a procedure for granting variances. In no case shall a variance be granted to permit a use other than a use permitted in the district in which the subject property is situated." Section II. Environmental Determination The City Council has exercised their independent review and judgment and does hereby find and determine that the adoption and implementation of the proposed amendment to Title 1 and Chapter 19.14 of the Municipal Code by adding procedures for requesting reasonable accommodations in the application of the City's land use regulations and practices will not result in any physical development in and of itself, and thus will not have an impact on the environment. The City Council does hereby further find and determine that the Reasonable Accommodations Ordinance is exempt from the California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that this activity has the potential to have a significant effect on the environment, and therefore, is not subject to CEQA. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. - Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Gary Halbert, PE, AICP Assistant City Manager/ Director of Development Services ~~Glen R. Go ' City Attorney