HomeMy WebLinkAboutO-1602 Amend Title 17 Zoning RegulationsORDINANCE NO. 1602 (2014 Series)
AN ORDINANCE 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.
NOW, THEREFORE, 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 ".
01602
Ordinance No. 1602 (2014 Series)
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
Ordinance No. 1602 (2014 Series)
Page 3
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.
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
I. 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.
Ordinance No. 1602 (2014 Series)
Page 4
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.
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.
Ordinance No. 1602 (2014 Series)
Page 5
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.
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 any 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.
Ordinance No. 1602 (2014 Series)
Page 6
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 roll call
vote:
AYES: Council Members Ashbaugh, Carpenter and Smith,
Vice Mayor Christianson and Mayor Marx
NOES: None
ABSENT: None
r
Ma o J n Marx
APP D AS T RM;
Christine Dietrick
City Attorney