HomeMy WebLinkAbout06-10-2014 C14 Ordinance Adoption Zoning Regulation AmendmentsCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Derek Johnson, Community Development Director
Prepared By: Tyler Corey, Housing Programs Manager
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE
RECOMMENDATION
Adopt Ordinance No. 1602 (2014 Series) amending Title 17 (Zoning Regulations) of the City of
San Luis Obispo Municipal Code associated with reasonable accommodation provisions; and
reference to a good neighbor policy for homeless services.
BACKGROUND
On May 20, 2014, the City Council voted 5-0 to introduce an Ordinance amending Title 17
(Zoning Regulations) of the Municipal Code (Attached). The amendments provide a fair and
reasonable procedure for disabled persons to request flexibility in the application of land use and
zoning regulations, and reference to a Good Neighbor Policy that communicates community
expectations and City commitments as it relates to the City’s support of homeless services.
Ordinance No. 1602 (2014 Series) is ready for adoption. The amended text will become effective
30 days after adoption.
ATTACHMENT
Ordinance No. 1602 (2014 Series)
T:\Council Agenda Reports\2014\2014-06-03\2nd Reading - Zoning Regulation Amendments (Johnson-Corey)\C4 - Zoning Regulation
Amendments - Reasonable Accomodation & GNP.docx
06-10-2014
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Attachment 1
ORDINANCE NO. 1602 (2014 Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 9, 2014, and recommended approval of amendments to Title 17 (Zoning
Regulations) of the Municipal Code associated with reasonable accommodation provisions and
reference to a Good Neighbor Policy for homeless services; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 20,
2014, for the purpose of considering amendments to the Municipal Code; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered all evidence, including the testimony of the
applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
BE IT ORDAINED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed amendments are consistent with and implement General Plan Housing
Element Goal 8, Policies 8.1, 8.9 and 8.10 and Programs 8.11 and 8.23, which support
efforts to implement the 10-Year Plan, solutions to meeting the needs of the homeless in
collaboration with other agencies and the adoption of regulations to address reasonable
accommodation in the application of zoning requirements to eliminate barriers to
housing opportunities.
2. The proposed amendments are consistent with the Federal Fair Housing Act and the
California Fair Employment and Housing Act that require cities and counties take
affirmative action to eliminate regulations and practices that deny housing opportunities
to disabled individuals.
3. The proposed amendments are consistent with and implements Strategies 1.3 and 3.3 of
the San Luis Obispo Countywide 10-year Plan to End Homelessness. These strategies
seek to cultivate and foster greater community participation in the provision of
comprehensive support services and housing opportunities.
4. The proposed amendments will further the City’s 2013-15 Financial Plan Major City
Goal: “Implement Comprehensive Strategies to Address Homelessness”.
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Ordinance No. 1602 (2014 Series) Attachment 1
Page 2
SECTION 2. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The
project involves amendments to the Zoning Regulations of the Municipal Code associated with
reasonable accommodation provisions and reference to a Good Neighbor Policy for homeless
services. Establishment of regulations for reasonable accommodation implements state
legislation and the City’s Housing Element. Each individual reasonable accommodation request
will be subject to CEQA at the time the project is filed. Reference to a Good Neighbor Policy for
homeless services implements the City’s 2013-15 Financial Plan Major City Goal: “Implement
Comprehensive Strategies to Address Homelessness” and the San Luis Obispo Countywide 10-
year Plan to End Homelessness. Each homeless services facility request will be subject to CEQA
at the time the project is filed. It can be seen with certainty that the proposed Municipal Code
text amendments will have no significant effect on the environment.
SECTION 3. New Chapter 17.61. Reasonable Accommodation chapter is hereby
added to the City of San Luis Obispo Municipal Code, Zoning Regulations, to read as follows:
Chapter 17.61: Reasonable Accommodation
Sections:
17.61.010 Purpose and Intent.
17.61.020 Definitions.
17.61.030 Review Authority.
17.61.040 Requests for Reasonable Accommodation.
17.61.050 Application Requirements.
17.61.060 Required Findings.
17.61.070 Performance Standard.
17.61.080 Conditions of Approval.
17.61.090 Appeals.
17.61.010 Purpose and Intent.
The reasonable accommodation provisions allow for flexibility in the application of regulations and
procedures to ensure equal access to housing. The provisions set forth in this section provide a
procedure under which a disabled person may request a reasonable accommodation in the application of
zoning requirements. This section is based on requirements of the federal and state fair housing laws and
is designed to eliminate barriers to housing opportunities.
17.61.020 Definitions.
1. Disabled Person. A person who has a medical, physical or mental condition that limits a major life
activity, as those terms are defined in California Government Code section 12926, anyone who is
regarded as having such a condition or anyone who has a record of having such a condition. It
includes a person or persons, or an authorized representative of a disabled person. The term
“disabled person” does not include a person who is currently using illegal substances, unless he or
she has a separate disability.
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Ordinance No. 1602 (2014 Series) Attachment 1
Page 3
2. Fair Housing Laws. Means (1) the Federal Fair Housing Act (42 U.S.C. § 3601 and following) and
(2) the California Fair Employment and Housing Act (Govt. Code § 12955 and following), including
amendments to them.
3. Reasonable Accommodation. Means providing disabled persons flexibility in the application of land
use and zoning regulations and procedures, or even waiving certain requirements, when necessary to
eliminate barriers to housing opportunities. It may include adjustments to standards such as yard area
modifications for ramps, handrails or other such accessibility improvements; hardscape additions,
such as widened driveways, parking area or walkways; building additions for accessibility; tree
removal; or reduced off-street parking where the disability clearly limits the number of people
operating vehicles. Reasonable accommodation does not include an accommodation which would (1)
impose an undue financial or administrative burden on the city or (2) require a fundamental alteration
in the nature of the city’s land use and zoning program.
17.61.030 Review Authority.
1. Community Development Director. Requests for reasonable accommodation shall be reviewed by
the Community Development Director, if no approval is sought other than the request for reasonable
accommodation. The Community Development Director may refer the matter to any advisory
commission or committee, as appropriate.
2. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review
with another discretionary land use application shall be reviewed by the authority responsible for
reviewing the application.
17.61.040 Requests for Reasonable Accommodation
1. Request. A request for reasonable accommodation in the application of land use and zoning
regulations may be made by a disabled person, his or her representative, or a developer or provider
of housing for individuals with disabilities. A request for reasonable accommodation may include a
modification or exception to the siting, development and use of housing or housing related facilities
that would eliminate regulatory barriers. A reasonable accommodation cannot 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.
2. Assistance. If an applicant needs assistance in making the request, the planning division will
endeavor to provide the assistance necessary to ensure that the process is available to the applicant.
3. Balancing Rights and Requirements. The City will attempt to balance (1) the privacy rights and
reasonable request of an applicant for confidentiality, with (2) the land use requirements for notice
and public hearing, factual findings and rights to appeal, in the City’s request for information,
considering an application, preparing written findings and maintaining records for a request for
reasonable accommodation.
17.61.050 Application Requirements.
Whenever a request for reasonable accommodation is submitted for consideration, as a part of said
application, sufficient information shall be submitted to the Community Development Department to
determine whether the reasonable accommodation request complies with the provisions of this Section.
In addition to the required Administrative Approval Application checklist items, the application shall
include the following:
1. The basis for the claim that the individual is considered disabled under the fair housing laws.
Identification and description of the disability which is the basis for the request for accommodation,
including current, written medical certification and description of disability and its effects on the
person’s medical, physical or mental limitations.
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Ordinance No. 1602 (2014 Series) Attachment 1
Page 4
2. The rule, policy, practice and/or procedure of the City for which the request for accommodation is
being made, including the zoning code regulation from which reasonable accommodation is being
requested.
3. Type of accommodation sought.
4. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled
person(s). Where appropriate, include a summary of any potential means and alternatives considered
in evaluating the need for the accommodation.
17.61.060 Required Findings.
The approval of a reasonable accommodation shall require that the review authority first find that:
1. The housing will be used by a disabled person;
2. The requested accommodation is necessary to make housing available to a disabled person;
3. The requested accommodation would not pose an undue financial or administrative burden on the
City; and
4. The requested accommodation would not require a fundamental alteration in the nature of a City
program or law, including but not limited to land use and zoning.
17.61.070 Performance Standard.
1. Occupancy. A modification approved under this section is considered a personal accommodation for
the individual applicant and does not run with the land.
17.61.080 Conditions of Approval.
Conditions imposed by the review authority may include, but are not limited to, the following:
1. Inspection of the property periodically, as specified, to verify compliance with this section and any
conditions of approval.
2. Removal of the improvements, where removal would not constitute an unreasonable financial burden,
when the need for which the accommodation was granted no longer exists.
3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no
longer exists.
4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it
no longer exists.
5. Measures to reduce the impact on surrounding uses.
6. Measures in consideration of the physical attributes of the property and structures.
7. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not
result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or
floor area ratio requirements specified for the zone district.
8. Other conditions necessary to protect the public health, safety and welfare.
17.61.090 Appeals.
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Ordinance No. 1602 (2014 Series) Attachment 1
Page 5
The Community Development Director shall administer and interpret these requirements, subject to the
applicable codes and City procedures. Decisions of the Director or other review authority are appealable;
subject to the Zoning Regulations appeal provisions (Chapter 17.66).
SECTION 4. Section 17.08.110 (Homeless Shelters) of Chapter 17.08 of the City of
San Luis Obispo Municipal Code is amended to read as follows:
The below requirements are for homeless shelters within the PF zone which may be established without
use permit review. Homeless shelters in other zones, which require use permit review, will be reviewed in
the context of the City’s Good Neighbor Policy and may be subject to conditions of approval with
requirements that vary from these standards.
SECTION 5. Severability. If an y subdivision, paragraph, sentence, clause, or phrase
of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City’s rules and regulations.
It is the City’s express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 20th day of May, 2014, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 10th day of June, 2014, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
Christine Dietrick
City Attorney
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