HomeMy WebLinkAboutOrdinance 1894 (Large Group Homes Moratorium)ORDINANCE NO. 1894
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE
MAKING FINDINGS AND EXTENDING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT AND
OPERATION WITHIN THE CITY OF SAN RAFAEL OF
CERTAIN LARGE GROUP HOMES THAT ARE
TRANSITORY IN NATURE, AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, DOES ORDAIN AS FOLLOWS:
WHEREAS, the City Council has broad discretion pursuant to Article III, Sections 16
and 59 of the City Charter; California Constitution Article XI, Section 5; and the general law of
the state, including but not limited to the California Planning and Zoning Law (Gov. Code
§§65000 et seq.), to legislate for public purposes and for the general welfare, including but not
limited to matters of public health and safety; and
WHEREAS, the City currently regulates the permitted uses of real property within the
City pursuant to the provisions of its zoning ordinance, codified in San Rafael Municipal Code
Title 14; and
WHEREAS, the City's zoning ordinance contains a variety of definitions that concern
and/or define the residential use of real property, some of which relate to the residential use of
real property operated as a single facility for the purpose of housing and/or caring for groups of
unrelated adult persons with common needs and/or interests (hereinafter referred to generically
as "group homes"). For example, San Rafael Municipal Code Section 14.03.030 includes the
following definitions related to residential uses and/or group homes: "Bed and Breakfast Inn,"
"Boarding House," "Club," "Day Care Facility," "Dwelling Unit," "Residential Care Facility,
large," "Residential Care Facility, small," "Household," and "Handicapped;" and
WHEREAS, the City recently has been made aware of two independent business entities
that are planning to use residential property in the City in a manner not currently allowed under
the City's zoning ordinance, specifically, for the operation, on either a for-profit or not for-profit
business basis, of an existing single-family home in a residential zoning district of the City as a
group home, not licensed by the State of California, for the housing of seven (7) or more
unrelated adults, not including onsite managers or operators, on a month-to-month or similar
transitory basis (hereinafter "unlicensed large group homes"); and
WHEREAS, the City Council recognizes that numerous federal and state laws govern
the City's ability to regulate various kinds of group homes, whether they are serving disabled or
able-bodied persons, and the Council wishes to study these laws to determine whether additional
zoning regulations should and lawfully may be enacted; and
(CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
NOW, THEREFORE, the City Council of the City of San Rafael does hereby ordain as
follows:
DIVISION 1. -- FINDINGS.
Pursuant to the provisions of Government code section 65858, the City Council of the
City of San Rafael hereby finds as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Based on the recitals above, the City Council hereby finds and determines that the
establishment or commencement of operation of unlicensed large group homes in zoning districts
zoned for residential use in the City prior to the City completing a study of the existing and
potential impacts and regulation of such use would pose a current and immediate threat to the
public peace, health, safety, and welfare, and that a temporary moratorium on the establishment
of such use is therefore necessary.
3. This ordinance is necessary as an urgency measure to preserve the public peace,
health or safety.
DIVISION 2. -- EXTENSION OF MORATORIUM.
1. The temporary moratorium adopted by City of San Rafael Ordinance No. 1893 is
hereby extended to and including December 31, 2011.
2. During the term of this temporary moratorium, no unlicensed large group home,
as defined in this ordinance shall be opened and/or operated in any zoning district within the City
that is zoned for residential use; provided that this moratorium shall not apply to any such
business that was open and occupied by seven (7) or more unrelated adult tenants/clients (not
including onsite managers or operators) on or before March 7, 2011, as demonstrated by a
notarized declaration under penalty of perjury certifying to such occupancy and submitted to the
City upon written demand.
3. City staff is directed forthwith to (a) review and analyze the various definitions of
uses of property in the City's zoning ordinance, including those enumerated in the recitals above;
(b) consider potential amendments to those definitions and to the land use regulations related
thereto; and (c) research and draft appropriate definitions, land use regulations, and any other
regulations, including, but not limited to business licensing regulations, governing unlicensed
large group homes or other group homes; and
DIVISION 5.
This ordinance is hereby declared to be an urgency measure and shall become effective
immediately upon adoption by at least a four-fifths (4/5) vote of the City Council pursuant to
Government Code section 65858. The City Clerk is directed to publish forthwith a copy of this
Ordinance, together with the names of those Councilmembers voting for or against same, in a
newspaper of general circulation published and circulated in the City of San Rafael, County of
Marin, State of California.
ALBERT. B( RO, Mayor
ESTHER C. BEIRNE, City Clerk
I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, certify that the foregoing
Ordinance was passed by the City Council of the City of San Rafael, California, by a vote of at
least four-fifths (4/5) of the members thereof, at a regular meeting held on Monday, the 4th day
of April, 2011, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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f C • gee R,., _
ESTHER C. BEIRNE, City Clerk