HomeMy WebLinkAboutPCM 2012-10RESOLUTION NO PCM -12 -10
RESOLUIION OF THE PLANNING COMMISSION OF IHE CIIY OF
CHULA VISTA RECOMMENDING TO CIIY COUNCIL ADOPTION
OF AN ORDINANCE OF IHE CITY OF CHULA VISIA AMENDING
MILE 1 OF IHE CHULA VISIA MUNICIPAL CODE, BY ADDING A
NEW CHAPIER 1.50 AND AMENDING CHAPIER 1914 RELATED
IO PROCEDURES FOR REQUESIING REASONABLE
ACCOMMODATIONS FOR PERSONS WIIH 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
PCM 12 -10 Page 2
WHEREAS, the Development Services Director set the time and place for a heating 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 heating; and
WHEREAS, the heating 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 heating was thereafter closed; and
WHEREAS, the Planning Commission having received certain evidence on dune 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
fot 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 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 FURIHER RESOLVED IHAI a copy of this resolution be transmitted to the City
Council
PCM 12 -10
Page 3
PASSED AND APPROVED BY IHE PLANNING COMMISSION OF IHE CITY OF
CHULA VISTA, CALIFORNIA, this 27th day of June, 2012, by the following vote, to -wit:
AYES: Spethman, Calvo, Anaya, Moctezuma, Vinson, Felber, Livag
NOES:
ABSE,NI:
ABSIAIN:
ATTEST:
Diana Vargas, Secreta
Presented by:
Michael Spethman, Chair
Approved as to form by:
5ert; WE, AICP ' Glen R Googins
City Manager /Development Services Director City Attorney