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HomeMy WebLinkAboutOrd 1995-2650 ORDINANCE NO. 2650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPOSING, AS AN INTERIM AND EMERGENCY MEASURE, AN ORDINANCE AMENDMENT TO MUNICIPAL CODE SECTION 19.54.010 TO EXEMPT RESIDENTIAL CARE FACILITIES FOR 7-12 RESIDENTS FROM HAVING TO OBTAIN A CONDITIONAL USE PERMIT IN RESIDENTIAL ZONES, FOR A PERIOD OF 90 DAYS WHEREAS, residents who are protected by federal law and who occupy residential care facilities housing between 7 to 12 persons may have the federally protected right to reside in the same neighborhood environment as persons otherwise entitled to occupy single family residential neighborhoods; and WHEREAS, staff has recommended that it will take approximately 90 days to complete preparation and processing of a zoning text amendment through the Planning Commission and Council, initiate and complete environmental review, and conduct public hearings; and WHEREAS, the City of Chula Vista Charter Section 311 (d) provides that the City may adopt any ordinance as emergency measure for preserving the public health, safety and general welfare. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, resolve, order and ordain as fofiows: SECTION h Municipal Code Section 19.54.010 is hereby amended by adding subsection (c) which reads as follows: (c) Notwithstanding the foregoing, residential care facilities located in residential zones housing 7 to 12 residents who are protected by the Fair Housing Act Amendment, 42 U.S.C. 3601 et seq., are exempt from the provisions of this title, including but not limited to the requirement of obtaining a conditional use permit; provided however such facility will not be located within 1250 feet from a similar facility. SECTION Ih That said amendment shall remain in effect for a period of ninety (90) days from the date of adoption hereof unless otherwise subsequently extended or terminated by ordinance. SECTION IIh That the City's Planning Department staff shaft continue to prepare and process implementing ordinances and initiate and complete environmental review which will allow residential care facilities for 7-12 residents who are protected by the FHAA to locate in residential zones in compliance with the protections afforded by the FHAA; SECTION IV: This ordinance affects public safety, health, and welfare of the City of Chula Vista and its inhabitants and therefore shall take full force and effect immediately upon final passage and adoption thereof. The facts establishing emergency are as follows: Ordinance 2650 Page 2 1. The City received an application for a residential care facility for up to 12 residents who are protected by the FHAA. A Housing Discrimination Complaint has been filed with HUD against the City of Chula Vista by the applicant for the conditional use permit. The complaint alleges that the applicant was discriminated against by the City. 2. The Fair Housing Enforcement Division of HUD commenced an investigation preliminary to the Department of Justice commencing an action against the City in Federal Court or before an Administrative Law Judge. 3. HUD has indicated that it is likely that HUD will find that the City has or will engage in unlawful discriminatory housing practices and that subsequent notification of such to the U.S. Department of Justice is imminent. 4. HUD asserts that residential care facilities for up to 12 residents may essentially locate as a matter of right within any and all residential zones, including those for single-family dwellings; therefore, denial of a perrnit application for such a facility or burdening a conditional use permit with significant restrictions on use could pose a significant and immediate risk of exposing the City to lengthy litigation and significant money damages. 5. The City Attorney's Office has reviewed and researched legal authority on HUD's position that the City's actions did or would result in a discriminatory effect on the applicant and residents. Municipal Code sections applicable to residential care facilities were _. analyzed ancl the experience of other cities in the State of California was evaluated and considered. It was found that other cities have undergone lengthy litigation and have had to pay significant monetary damages. Based on the foregoing, the City runs the significant risk of incurring the cost of lengthy litigation as well as actual and punitive monetary damages, injunctive relief and other civil penalties. SECTION V: Nothing herein shall constitute an admission by the City with respect to HUD's assertions, an admission of liability or a waiver of any defenses, rights or remedies the City may pursue. SECTION VI: The City shall refund any fees paid or deposits received by persons filing applications to the City for conditional use permits for residential care facilities for 7 to 12 residents that have not yet been granted by the City, SECTION VII: The City Clerk shall certify to the passage and adoption of this Ordinance by a vote of at least four-fifths of the City Council of the City of Chula Vista pursuant to Charter Section 311 (d); shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published in the Chula Vista Star News, a newspaper of general circulation, published and circulated in said City and which is hereby designated for that purpose. Ordinance 2650 Page 3 Presented by Appro siioi, y ~ · L~iter ' Bruce M. Boogaard Director of Planning City Attorney Ordinance 2650 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of October, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirle/'Horton, Mayor ATTEST: Beve_rly/A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2650was introduced as an urgency measure and was adopted at a regular meeting of said City Council held on the 17 day of October, 1995. Executed this 17th day of October, 1995. Beverly A~ Authelet, City Clerk