HomeMy WebLinkAboutPC AGENDA PACKET 2012/06/27 AGENDA
MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
Council Chambers
6:00 p..m• 276 Fourth Avenue
Wednesday, June 27, 2012 Chula Vista, CA
CALL TO ORDER:
ROLL CALL/M OTIONS TO EXCUSE:
Planning Commission: Spethman_ Calvo_Anaya_ Moctezuma
Vinson_ Felber Liuag
MOTIONS TO EXCUSE:
PLEDGE OF ALLEGIANCE AND M OMENT OF SILENCE:
OPENING STATEM ENT:
APPROVAL OF M INUTES:
PUBLIC COMMENTS:
Opportunity for members of the public to speak to the Planning Commission on any subject matter
within the Commission's jurisdiction, but not an item on today's agenda. Each speaker's
presentation may not exceed three minutes
CONSENT ITEM 5:
The Chair may entertain requests by staff to continue an agenda item. The Chair may also
entertain a recommendation by a Commissioner to approve certain non-controversial agenda
items as Consent items. Notwithstanding the foregoing, an agenda item listed as a Public Hearing
may not be acted upon by the Commission as a Consent Item. Public Hearing items shall be heard
by the Commission as a Public Hearing.
PUBLIC HEARINGS:
1. Public Hearing: PCM 12-10: Consideration of an Ordinance of the City of
Chula Vista 19 of the Chula Vista Municipal Code, byadding
anew Chapter 1..50 and amending Chapter 19,14 related to
procedures for requesting reasonable accommodationsfor
person with disabilities seeking equal access to housing„
Project Manager: Leilani Hines, Principal Project Coordinator
Planning Commission - 2 - June 27, 2012
2. Public Hearing: PCZ 12-13; Consideration of an Ordinance of the City of
Chula Vista Amending Chula vista Municipal Code Chapters
19.04, 19.14, 19.58 and 19..62 to define and establish
procedures to permit residential care facilities housing
seven or more persons as a Conditional Use in Residential
Zones,
Project Manager: Leilani Hines, Principal Project Coordinator
3. Information Item: Discuss and provide recommendation to the City Council
regarding the possible merger of the Planning Commission
and Design Review Board.
Presenter: Marilyn Ponseggi, Principal Planner
Materials provided to the Planning Commission related to any item on this agenda are available for
public review in the Planning and Building Department located at 276 Fourth Avenue during
normal business hours.
OTHER BUSINESS:
• DIRECTOR'S REPORT:
• COMMISSIONCOMMENTS:
Adjournment: To a Regular Planning Commission on July 11, 2012.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special
accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations
atleastforty-eight hours in advance for meetings, and five days for scheduledservicesandactivities. Please contact Diana
Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647.
California Relay Service is also available for the hearing impaired
C H U l A VISTA -
PLANNING ~.'~~@
COMMISSION ~ ~ _
AGENDA STATEMENT ~_4:
Item: -Z
Meeting Date:06/27/12
ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE OF
THE CITY OF CHULA VISIA AMENDING IIILE 1 OF THE CHULA
VISIA MUNICIPAL CODE, BY ADDING A NEW CHAPIE,R 1.,50
AND AMENDING CHAPIER 19.14 RELAIED IO PROCEDURES
FOR REQUESTING REASONABLE ACCOMMODAIIONS FOR
PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS IO
HOUSING,
SUBMITTED BY: Mary Ladiana, Development Planning Manager
i'
REVIEWED BY: Gary Halbert, Development Services Ditecto~/Assistant City Manager
INTRODUCTION
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 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 envu~onmental review specific to the
proposed site.
Iherefore, 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 activity has the
potential to have a significant effect on the environment that it is not subject to CEQA.
RECOMMENDATION
Ihat the Planning Commission hold the public hearing and recommend that the City Council
approve the Ordinance.,
PCC-12-10 Page No. 2
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: preparation 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 standard 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 hardship on the City or require a fundamental 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 r equirement.
• 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 II
aside yard setback.. Reasonable accommodation is requested to waive the setback
requirement,
• A wheelchair-bound person has a van and other equipment related to his disability that he
needs to have available at his home, He wants to build a garage and storage area to
accommodate the van and equipment„ Unfortunately, the proposed garage exceeds the
allowable square footage and height foa an accessory structure„ Reasonable
accommodation is requested to exceed the development standard.
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.
PCC-12-10 Page No, 3
How will requests for reasonable accommodation be evaluated?
Six criteria aze to be considered in reviewing a request for reasonable accommodation (see
Municipal Code Section 1.050.,080), Ihese include whether or not the request would requite a
fundamental alteration in the nature of a City program or law, the accommodation is necessazy to
make the housing accessible to the individual and there are 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 requesting 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 discretionazy approval is sought other than the request for reasonable accommodation.
Requests for reasonable accommodation submitted along with another discretionazy 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„
In response to these requirements, the City's General Plan Housing Element, adopted in October
2005, establishes the following policy:
H-Policy 7 1.3 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 in zoning
and Zand use for persons with disabilities, "
the project is consistent with the General Plan and facilitates the City's compliance with federal
and state fair housing laws,
PCC-12-10 Page No 4
DECISION-MAKER CONFLICTS
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
187042(a)(1) is not applicable to this decision.
FISCAL IMPACT
the proposed ordinance would create a new application procedure far the Development Services
Department.. A new application procedure would require staff time and paining, Charging a fee
for a reasonable accommodation application has been found to be inconsistent with federal and
state fair housing law.. 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
1 Proposed Reasonable Accommodations Ordinance
Prepared by: L.eilani Hines, Princrpal ProjectCoordinator, Development Services Dept-Housing Division
RESOLUIION NO. PCM-12-10
RESOLUIION OF IHE PLANNING COMMISSION OF THE CIIY OF
CHULA VISTA RECOMMENDING IO CIIY COUNCIL ADOPIION
OF AN ORDINANCE OF IHE CITY OF CHULA VISIA AMENDING
IIILE 1 OF IHE CHULA VISTA MUNICIPAL CODE, BY ADDING A
NEW CHAPTER 1.50 AND AMENDING CHAPTER 19.14 RELATED
IO PROCEDURES FOR REQUESTING REASONABLE
ACCOMMODAIIONS FOR PERSONS WIIH DISABILIIIE;S
SEEKING EQUAL ACCESS IO 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
WHEREAS, the Development Services Director set the time and place for a heazing 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 2'7, 2012, in the Council Chambers, 2'76 Fourth Avenue, before the Planning Commission
and said heating 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. Ihus, no environmental review is necessary; and
WHEREAS, the proposed Reasonable Accommodations Ordinance, attached as Exhibit
"A" and incorporated herein by this reference will amend Iitle 1 of the Chula Vista Municipal
Code by adding Chapter 1.50 and amending Chapter 19.14.
NOW, IHEREFORE, BE II 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 Iitle 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 II FURIHER RESOLVED THAI a copy of this resolution be transmitted to the City
Council
PASSED AND APPROVED BY IHE PLANNING COMMISSION OF IHE CIiY OF
CHULA VISIA, CALIFORNIA, this 27`x' day of .June, 2012, by the following vote, to-wit:
AYES:
NOES:
ABSENI:
ABSIAIN:
Michael Spethman, Chair
ATIESi:
Diana Vargas, Secretary
Presented by: Approved as to form by:
Gary Halbert, P E, AICP Glen R. Googins
Assistant City Manager/Development Services Director City Attorney
ORDINANCE NO.
ORDINANCE OF THE CIIY OF CHULA VISTA AMENDING
IIILE 19 OF IHE CHULA VISTA MUNICIPAL CODE, BY
ADDING A NEW GRAPIER 1..50 AND AMENDING
GRAPIER 19.,14 RELATED IO PROCEDURES FOR
REQUESIING REASONABLE ACCOMMODAIIONS FOR
PERSONS WIIH DISABILIIIES SEEKING EQUAL ACCESS
IO 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 pet sons 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 i
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 far
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the proposed amendment to Iitle 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 farther 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 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 2'7, 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 , 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 Iitle 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 fox persons with
disabilities seeking equal access to housing under the Federal Fair Housing Act and the
California Fain 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 Faix
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 "Depaztment" 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 bazxier to fair housing
opportunities. Ihis Chapter is intended to apply to those persons who aze defined as disabled
under the Acts, I
B. Modification to Eliminate Barriers. A request for reasonable accommodation may include a
modification or exception to the rules, standazds and practices for the siting, development
and use of housing or housing-related facilities that would eliminate regulatory bazxiexs 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 Depaztment 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:
l.. 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, eta,), then the applicant shall file the
information required by Subsection A together fox concurrent review with the application fox
discretionary approval..
1.50.060 Review Authority.
A„ Zoning Administrator/Buildine 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 accoxnxnodation, 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 fos reasonable accommodation is filed with the Department, it will be referred to
the Zoning Administrator ox Building Official for review and consideration, or if filed
concurrently with a discretionazy land use application, the authority responsible for reviewing the
discretionary land use application..
A. Zoning 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 necessazy 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.
3 the requested reasonable accommodation will not waive a requirement fox 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 Ap xp oval. In granting a request for reasonable accommodation, the Zoning
Administrator, Building Official ox 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 Offcial, or other discretionary reviewing authority that the
removal of the improvement is not readily achievable without making significant structtual
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 I
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 fox 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., Ihe decision of the Zoning Admixrishator may be appealed pursuant to CVMC
Section 19.14.100."
C Section 19.14.140 is amended to read as follows:
"Ihe granting of a vaziance is an administative act to allow a vaziation from the strict
application of the regulations of the particular zone, and to provide a reasonable use for a parcel
of property having unique chazacteristics by virtue of its size, location, design or topographical
features, and its relationship to adjacent or surrounding properties and developments. Ihe
purpose of the variance is to bring a pazticulaz 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 ar concession not enjoyed by other properties in the same zone and vicinity. Ihe
variance may not be used to correct improper zoning.. A reauest for reasonable accommodation
in the apnlication of zonine reerrlations for persons 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 vaziances In
no case shall a vaziance be granted to permit a use other than a use permitted in the dishict in
which the subject property is situated,"
Section II. Environmental Determination
Ihe 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. Ihe 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, unenfoxceability 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, Ihe City Council of the City of
Chula Vista hereby declazes 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 ofthe Ordinance be declared 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. Ef'f'ective 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 Glen R Googins
Assistant City Manager/ City Attarney
Director of Development Services
CHULA VISTA
P L A N N f N G ~~~~a' ~
COMMISSION
AGENDA STATEMENT ~
Item
Meeting Date: 06/27/12
ITEM TITLE: PUBLIC HEARING: ORDINANCE OF IHE CITY OF CHULA
VISIA AMENDING CHULA VISIA MUNICIPAL CODE CHAPTERS
19.04, 19.14, 19,58 AND 19.62 TO DEFINE AND ESIABLISH
PROCEDURES IO PERMIT RESIDENTIAL CARE FACILIIIES
HOUSING SEVEN OR MORE PERSONS AS A CONDITIONAL USE
IN RE;SIDbNTIAL ZONES
SUBMITTED BY: Mary Ladiana, Development Planning Manager
REVIEWED BY: Gary Halbert, Development Services Dixectc4f/Assistant City Manager
INTRODUCTION
State and federal law requires local governments to promote the integration of individuals with
disabilities into the community and prohibit discrimination against them and to make reasonable i
accommodations (modifications or exceptions) to their land use regulations and practices when ~
necessary to provide persons with disabilities an equal opportunity to housing, Adoption of a
Residential Care Facility ordinance would facilitate the City's compliance with federal and state
fair housing laws.
ENVIRONMENTAL REVIEW ~
The proposed amendment to Chula Vista Municipal Code Chapters 19..04, 19.14, 19,58 and
19..62 to define and establish procedures to permit residential care facilities housing seven ox
more persons as a conditional use in residential zones will not result in any physical development
in and of itself; and thus will not have an impact on the environment„ Furthermore, any future
development which utilizes the Residential Care Facility ordinance will require environmental
review specific to the proposed site.,
Iherefore, the Residential Caxe Facility 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 activity has the potential to have a
significant effect on the environment that it is not subject to CEQA.
PCM-12-1.3 Page No. 2
RECOMMENDATION
the Planning Commission recommended that the City Council adopt the Ordinance at their
meeting of June 27, 2012.
DISCUSSION
Background
Over the yeazs, federal and state legislation have been enacted to promote the integration of
individuals with disabilities into the community and prohibit discrimination against them, The
federal Fair Housing Act ("FHA" or the "Act"), as amended in 1988, promotes the integration of
individuals with disabilities into the community. the Act provides broad protections applicable
to residential cane facilities, as many residents of these facilities have disabilities of some kind.
the Act also prohibits zoning or land use decisions or policies that exclude or otherwise
discriminate against individuals with disabilities and other protected classes and requires local
governments to make necessary accommodations to provide equal housing opportunities,
the 1990 federal Americans with Disabilities Act (ADA) prohibits discrimination against
individuals with disabilities„ the subsequent Supreme Court "Olmstead" decision clarified that
the ADA generally requires states to place individuals in community settings rather than
institutions when the State's treatment professionals have determined that community placement
is appropriate, the transfer from institutional cane to a less restrictive setting is not opposed by
the affected individual, and the placement can be reasonably accommodated, taking into account
the resources available to the state and the needs of others with mental disabilities„ Olmstead v,
L C ex r~el Zimring, 527 U S 581, 587 (1999).
the California Fair Employment and Housing Act, like the federal FHA, prohibits housing
discrimination based on disability and familial status„ Pursuant to Cal. Health and Safety Code
Section 1566.,3, licensed group homes serving six or fewer residents must be treated like single-
family homes for zoning purposes. These smaller facilities must be a permitted use in all
residential zones in which a single-family home is permitted, with the same parking
requirements, setbacks, and design standazds. Therefore, no further amendments axe necessary
to the zoning code to allow such facilities,.
Facilities housing seven or more persons have haditionally been reviewed under the City of
Chula Vista's Zoning Code as an unclassified use.. In order to provide an avenue for reviewing
and balancing the rights of individuals with special needs to live and participate in the
community with the possible impacts a larger facility may have on a neighborhood, staff must
amend the City's Municipal Code to define Residential Care Facilities and to establish standazds
to prevent over concenhation of'such uses and provide appropriate parking.
What Is A Residential Cate Facility?
"Residential Caze Facility" means any family home, group care facility or similar facility
providing twenty-four (24) hour non-medical services, supervision or assistance essential for
sustaining the activities of daily living or for the protection of the individual.. Residential caze
facilities include drug and alcohol rehabilitation and recovery facilities and residential and
community care facilities as defined by the state or county. Housing for senior citizens, nursing
PCM-12-13 Page No..3
homes, convalescent homes, day-care, work furlough and probationazy residential facilities, and
emergency shelters axe not residential caze facilities" (proposed Zoning Ordinance definition).
Procedures for Allowing a Large Residential Care Facility
Residential care facilities serving seven or more persons may be permitted in a residential zone
with a conditional use permit. To lessen governmental bazxiers for the development of housing
for persons with disabilities, it is proposed that conditional use permit applications for such
facilities be reviewed and considered by the Zoning Administrator without a requirement for
public heazing.
The conditional use process is discretionary and therefore, conditions, if necessary, can be
imposed to regulate the home to address any potential impacts to occupants and to the
surrounding neighborhood., These conditions can include occupancy limits, fire sprinklers, alarm
systems, and vehiculaz prohibitions.
Standards for Larger Residential Care Facilities
Standards are proposed for residential care facilities for seven or more persons to ensure proper
operation of the facilities and to minimize impacts to the surrounding neighborhood,.
• Such facilities must obtain a city business license and the operator must have a license
from the State of California.
• Only one residential care facility can be located on one lot or premise and not in
conjunction with an accessory dwelling unit.,
• A residential care facility must be located a minimum of 300 feet from another residential
care facility or a family day care.
• Offsite parking must be provided.. Pazking is at a ratio of one space for every seven beds
and one for each employee..
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 pazt of the required constraints program, the element must include programs that ~
remove constraints orprovide reasonable accommodations for housing designed for
persons with disabilities
~ California Government Code 65583(a)(4)
z California Government Code 65583(c)(3) -
PCM-12-13 Page No. 4
In response to these requirements, the City's General Plan Housing Element, adopted in October
2005, establishes the following policy:
H-Policy 7,1..3 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 in zoning
and land use for persons with disabilities. "
the project is consistent with the General Plan and facilitates the City's compliance with federal
and state fair housing laws.
Summary
Persons with physical and mental disabilities, and other special needs, benefit from living and
participating within a community in contrast to institutional settings.. Residential Cane Facilities
providing support services essential for sustaining daily living activities, particularly for persons
with disabilities, provide such a living environment..
While smaller residential caze facilities (those that house six or fewer residents) aze viewed the
same as single family residences, those facilities housing seven or more residents can be subject
to local review. In order to provide an avenue for reviewing and balancing the rights of
individuals with special needs to live and participate in the community with the possible impacts I
a larger facility may have on a neighborhood, staff recommends approval of Resolution No
PCZ-12-1.3 recommending that the City Council amend Chula Vista Municipal Code Chapters ~i
19.04, 19.14, 19.,58 and 19.,62 to define and establish procedures to permit residential caze 'I
facilities housing seven or more persons as a conditional use in residential zones.,
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
18'704,2(a)(1) is not applicable to this decision..
i
CURRENT YEAR FISCAL IMPACT
the proposed ordinance would establish procedures for the review of residential care facilities
serving seven or more persons., A fee consistent with the master fee schedule would accompany
any application for a conditional use permit without a public hearing, currently $.3,000.,
ONGOING FISCAL IMPACT
Ongoing fiscal impacts relate to staff costs in reviewing applications for a conditional use
permits and shall be covered by the applicable application fee„
ATTACHMENTS
1 Draft Residential Care Facility Ordinance
Preparedbyr LetlaniHines,Prrnc~palPro~ectCoordinator,DevelopmentServicesDept-Housing Division
RESOLUIION NO. PCZ-12-13
RESOLUTION OF THE CIIY OF CHULA VISIA PLANNING
COMMISSION RECOMMENDING THAI IHE CIIY COUNCIL
AMEND CHULA VISIA MUNICIPAL CODE CHAPIERS 19..04,
19.14, 19..58 AND 19,62 TO DEFINE AND ESTABLISH
PROCEDURES TO PERMII RESIDENTIAL CARE FACILIIIES
HOUSING SEVEN OR MORE PERSONS AS A CONDIIIONAL
USE IN RESIDENTIAL ZONES
WHEREAS, the federal Fair Housing Act ("FHA" or the "Act"), as amended in 1988,
promotes the integration of individuals with disabilities into the community, provides broad
protections applicable to residential case facilities, and prohibits zoning or land use decisions or
policies that exclude or otherwise discriminate against individuals with disabilities and other
protected classes„ the Act also requires that local government make reasonable accommodations in
policies and practices when accommodations ace necessary to provide equal housing opportunities;
and
WHEREAS, the California Fair Employment and Housing Act, like the federal FHA,
prohibits housing discrimination based on disability and familial status and other state laws protect
residents with disabilities from discrimination in housing, and require that reasonable
accommodation or modification of the premises be made for individuals with disabilities; and '
WHEREAS, Residential Caze Facilities providing housing to persons with disabilities, aze I
provided with protection under the Act., Iherefore, such use may not be subjected to more stringent
requirements than other similaz types of living accommodations; and
WHEREAS, pursuant to California Health and Safety Code Section 1566..3, residential care
facilities that serve six or fewer residents must be considered a residential property and be treated the ~
same as asingle-family home; and
I,
WHEREAS, the term "Residential Caze Facility" is not defined in the Chula Vista Municipal
Code; and f
I
WHEREAS, Residential Care Facilities housing seven or more individuals have previously
been considered by the City to be nursing homes, an Unclassified Use; and
WHEREAS, in order to provide an avenue for reviewing and balancing the rights of
individuals with special needs to live and participate in the community with the possible impacts a
lazger facility may have on a neighborhood, the Chula Vista Municipal Code must be aznended to
define Residential Caze Facilities and to establish standards for such uses (e g, to prevent over,
concentration of'such uses and provide appropriate parking); and
WHEREAS, the Residential Care Facility Ordinance, attached as Exhibit "A" and
incorporated herein by this reference will amend Chula Vista Municipal Code Chapters 19..04,19.,14,
19.58 and 19.62 to define and establish procedures to permit residential care facilities housing seven
or more persons as a conditional use in residential zones; 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 subject Ordinance by adding procedures for requesting a Residential Care
Facility will not result in any physical development in and of itself; and thus will not have an impact
on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Ihus, no environmental review is required; and
WHEREAS, the Development Services Director set the time and place for a hearing on the
Residential Care F acility Ordinance, and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the city 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 2'7, 2012, as
set forth in the record of its proceedings therein, and having made certain findings, as set forth in
their recommending Resolution PCM-12-13 recommends that the City Council approve the subject
Ordinance.,
NOW, THEREFORE, BE II RESOLVED THAI IHE PLANNING COMMISSION
recommends that the City Council amend Chula Vista Municipal Code Chapters 19.04, 19.14, 19,58
and 19.62 to define and establish procedures to permit Residential Care Facilities housing seven or
more persons as a conditional use in residential zones.
BE II FURTHER RESOLVED IHAI a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY IHE PLANNING COMMISSION OF IHE CITY OF CHULA
VISIA, CALIFORNIA, this 27th day of June, 2012, by the following vote, to-wit:
AYES:
NOES:
ABSENI:
ABSIAIN:
Michael Spethman, Chain
AIIESI:
Diana Vargas, Secretary
Presented by: Approved as to form by:
Gary Halbert, P,E, AICP Glen R Googins
Assistant City Manager/Development Services Director City Attorney
ORDINANCE NO
ORDINANCE OF THE CIIY OF CHULA VISTA AMENDING
CHULA VISIA MUNICIPAL CODE CHAPIERS 19,04, 19..14,
19.58 AND 19.62 IO DEFINE AND ESTABLISH PROCEDURES
IO PERMII RESIDENIIAL CARE FACILITIES HOUSING
SEVEN OR MORE PERSONS AS A CONDITIONAL USE IN
RESIDENTIAL ZONES
WHEREAS, the federal Fair Housing Act ("FHA" or the "Act"), as aznended in 1988,
promotes the integration of individuals with disabilities into the community, provides broad
protections applicable to residential care facilities, and prohibits zoning or land use decisions or
policies that exclude or otherwise discriminate against individuals with disabilities and other
protected classes„ the Act also requires that local government make reasonable accommodations in
policies and practices when accommodations are necessary to provide equal housing opportunities;
and
WHEREAS, the California Fair Employment and Housing Act, like the federal FHA,
prohibits housing discrimination based on disability and familial status and other state laws protect
residents with disabilities from discrimination in housing, and require that reasonable
accommodation or modification of the premises be made for individuals with disabilities; and
WHEREAS, Residential Caze Facilities providing housing to persons with disabilities, are
provided with protection under the Act, Iherefore, such use may not be subjected to more stringent
requirements than other similar types of living accommodations; and
WHEREAS, pursuant to California Health and Safety Code Section 1566.3, residential care
facilities that serve six or fewer residents must be considered a residential property and be treated
the same as asingle-family home; and
WHEREAS, the term "Residential Caze Facility" is not defined in the Chula Vista
Municipal Code; and
i
WHEREAS, Residential Care Facilities housing seven or more individuals have previously I
been considered by the City to be nursing homes, an Unclassified Use; and
WHEREAS, in order to provide an avenue for reviewing and balancing the rights of
individuals with special needs to live and participate in the community with the possible impacts a
larger facility may have on a neighborhood, the Chula Vista Municipal Code must be amended to
define Residential Care Facilities and to establish standazds for such uses (e g., to prevent over
concentration of such uses and provide appropriate parking); 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 subject ordinance by adding procedures for requesting a
Residential Caze Facility will not result in any physical development in and of itself; and thus will
not have an impact on the environment; and
WHEREAS, the Planning Commission held an advertised public heazing on the subject
Ordinance on .June 27, 2012 and voted to adopt PCM Resolution No 12-01.3 and
thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, this recommendation and other information provided in the agenda statement
has been duly considered by the City Council.
NOW IHEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I. CONSISTENCY WITH GENERAL PLAN
The amendments provided for herein are consistent with the City of Chula Vista General
Plan, public necessity, convenience, and the general welfare and good zoning practice support the
amendments to the Chula Vista Municipal Code.. Residential Care Facilities of seven ('7) or more
persons shall be allowed within residential zones through the issuance of a conditional use permit„
The revisions to the development standazds for the establishment of Residential Care Facilities for i
seven ('7) or more persons will include, but not be limited to, serving to prevent over concentration
of'such uses and providing appropriate parking.
SECTION II. ENVIRONMENTAL DETERMINATION
the proposed amendments to Chula Vista Municipal Code Chapters 19.04, 19.14, 19.58
and 19.,62 to define and establish procedures to permit Residential Caze Facilities housing seven or ~
more persons as a conditional use in residential zones 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 the ordinance will not result in any physical development, and therefore, there is no
possibility that this activity has the potential to have a significant effect on the environment.
BE II FURIHER ORDAINED that the City Council of the City of Chula Vista does
hereby approve the amendments to Chula Vista Municipal Code Title 19, specifically Chapters I
19.,04 [Definitions], 19.,14 [Administrative Procedures], 19.58 [Uses], and 19..62 [Parking] as
follows:
SECTION III.
A. Revise Chapter 19.,04 [Definitions] to add:
"Section 19.04.197. Residential Caze Facility. -
"Residential Caze Facility" means any family home. aroun care facility or similar facility providing
twenty-four (241 hour non-medical services- supervision or assistance essential for sustainine the
activities of daily livine or for the protection of the individual Residential care facilities include
drue and alcohol rehabilitation and recovery facilities and residential and community cane facilities
as defined by the state or county. Housing fox senior citizens. nursine homes. convalescent_homes,
day-care work furloueh and probationary residential facilities and emeraencv shelters axe not
residential care facilities."
B. Revise Section 19 14 0.30(A) to add:
"19..14.,030 Zoning Administrator -Actions authorized without public hearing„
the Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without setting
the matter for a public hearing:
A. Conditional Use Permit. the Zoning Administrator shall be empowered to issue conditional
use permits, as defined herein, in the following circumstances:
1 Where the use to be permitted does not involve the construction of a new building or
other substantial sttuctuxal improvements on the property in question;
2, Where the use requiring the permit would make use of an existing building and does not
involve substantial remodeling thereof;
3.. Fox signs, as defined herein, and temporary tract houses, as limited herein;
4 Carnivals and circuses,
5. Roof=mounted satellite dishes;
I
6, Recycling collection centers (small) in accordance with CVMC 19.58,345(B); j
7 Cellular facilities (stealth) pursuant to CVMC 19,89..050.
8. Residential Cane Facility. in accordance with CVMC 19.58.265"
C Revise Section 19.58.022 [Accessory Second Dwelling Units] to add:
I
"C Accessory second dwelling units shall be subject to the following requirements and
development standards:
1. Zones. Accessory second dwelling units must accompany an existing primary residence
on an A, R-E, R-1, or PC sinele family zoned lot. However; construction of the primary
residence can be in conjunction with the construction of an accessory second dwelling
unit. Where a guesthouse ox other similar accessory living space ox a residential care
facility for seven ('71 or more persons exists, accessory second dwelling units are not
permitted, the conversion of a guest house or other similar living areas into an
accessory second dwelling unit is permitted, provided they meet the intent and property
development standazds of this section, and all other applicable CVMC requirements.
Accessory second dwelling units shall not be permitted on lots within a planned unit
development (PUD), unless an amendment to the PUD is approved and specific
property development standards axe adopted for the construction of said dwelling units
for lots within the PUD. Accessory second dwelling units axe precluded from R-23 and
R-3 zoned lots, and multifamily zoned lots in PC dishicts "
D, Revise Chapter 19,58 to add:
"Section 19.58.265. Residential Care Facility
Residential care facilities for seven or more roersons as defined in CVMC 19 04 may be allowed in
all residential zones and within the P-C desi~rrated residential zones. with an arororov_ed conditional
use Hermit authorized in accordance with Section 19.14 and in compliance with the followi_ne
standards:
A. Only one residential care facility may be permitted roes lot or roremises.
B Residential care facilities axe not roexmitted 300 feet from another licensed residential care
facility, small family day care. or laxee family day care as measured from the closest
rororoerty lines.
C the facility shall rorovide off-street naxkine spaces as required by CVMC 19.62.050 (321.
Additional roarkine may be required by the arororovinu authority.
D Conversion of an existine earaee or reduction in the amount of off=street naxkine to rorovide
a residential care facility is not permitted.
E A nroval must be obtained from proper a¢encies concexnine health and safety conditions.
and said residential care facility must be licensed by such aeencies as required.
F A business license must be obtained concurrently with the conditional use roexmit."
E Revise Section 19.62.050 [Number of Spaces Required for Designated Uses] to add:
" 32. Residential Care Facility:
One for each emrolovee and one for every seven beds."
SECTION IV. 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 declazes 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 declared invalid, unenforceable or unconstitutional.,
SECTION V. 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 VI. EFFECTIVE DATE.
Ihis Ordinance shall take effect and be in force on the thirtieth day after its final passage.
SECTION VII. 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 Glen R. Googins
Assistant City Manager/ City Attorney
Director of Development Services