HomeMy WebLinkAboutPlanning Commission 2012-11-13 #2 Resolution
EXHIBIT 1-1
RESOLUTION NO. ____
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE
OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL
CODE TITLE 14 – ZONING TO INCLUDE NEW DEFINITIONS AND
REGULATIONS CONCERNING GROUP RESIDENTIAL USES INCLUDING
UNLICENSED “RESIDENTIAL SUPPORT FACILITIES” FOR THE DISABLED
(ZO11-001)
WHEREAS, in early 2011, the City received approximately 150 written communications
of concern and inquiry from City residents regarding two proposed new “Sober Living
Environment” businesses housing, on a transitory basis, seven (7) or more recovering drug or
alcohol addicts in a supportive living environment; and
WHEREAS, based on City staff's preliminary research, it appeared that unlicensed large
group homes could cause adverse impacts including, but not limited to, local parking impacts,
increased traffic, noise impacts, outdoor lighting and outdoor gathering impacts, sanitation and
litter impacts, and increased risk of fires; and
WHEREAS, the City Attorney preliminarily determined that the City’s zoning ordinance
currently does not provide for an unlicensed large group home use, be it a Sober Living
Environment or any other type of unlicensed group home for the disabled; and that therefore,
such use would be prohibited under the City’s current zoning ordinance; and
WHEREAS, in order to study the use in depth, the City Council, on March 7, 2011,
adopted Ordinance No. 1893, an urgency ordinance temporarily prohibiting the opening and
operation of any “unlicensed large group home” in any zoning district within the City zoned for
residential use, and directing City staff to (a) review and analyze the various definitions of uses of
property in the City’s zoning ordinance; (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
WHEREAS, the City Council subsequently adopted Ordinance No. 1894 on April 4,
2011, extending the moratorium through December 31, 2011; and Ordinance No. 1900 on
December 5, 2011, extending the moratorium through December 31, 2012; and
WHEREAS, during the moratorium, a City Council subcommittee and City staff
conducted extensive community outreach including two community meetings, and factual and
legal research concerning unlicensed group housing for the disabled; and
WHEREAS, on November 13, 2012, the Planning Commission held a duly noticed
public hearing to consider proposed amendments to the San Rafael Municipal Code, Title 14 -
Zoning, set forth in Exhibit A attached hereto and incorporated herein by reference, concerning
group residential uses including unlicensed group homes for the disabled, and accepting and
considering all oral and written public testimony and the written report of the Department of
Community Development concerning staff’s research and recommendations; and
EXHIBIT 1-2
WHEREAS, the Planning Commission makes the following factual findings in
connection with the information it received and considered at its public hearing:
1. The regulation of various types of group living arrangements including those
serving the disabled, is governed by a complex set of laws including federal
constitutional principles of equal protection and due process; the California State
constitutional right of privacy; the federal Fair Housing Act (“FHA”) and the Fair
Housing Amendments Act of 1988 (“FHAA”); the federal Americans with Disabilities
Act (“ADA”); the California Health and Safety Code and Welfare and Institutions Code
provisions governing licensed residential care, health and treatment facilities; and
principles and requirements of California planning and zoning law.
2. Individuals recovering from drug or alcohol addiction are considered to be
disabled under the FHA and FHAA, which together provide that it is unlawful to
discriminate in the sale or rental, or to otherwise make unavailable or deny housing to
persons falling within specified protected groups, including persons with disabilities and
families with children.
3. Under the FHA and the FHAA, the City has an affirmative duty to make
reasonable accommodations in the application of its land use regulations to the residences
of disabled persons.
4. Under California law, the City must allow licensed group homes for six (6) or
fewer residents in any zone in which a single family residence is permitted. These
include intermediate care facilities for the developmentally disabled; community care
facilities; residential care facilities for the elderly; alcoholism and drug abuse facilities;
pediatric day health and respite care facilities; family care homes; foster homes; group
homes for dependent and neglected children.
5. The California Supreme Court has held that California’s constitutional right of
privacy prohibits differential treatment of unrelated persons living together as a family
unit and persons living together who are related by blood, marriage, and adoption
(Adamson v. City of Santa Barbara (1980) 27 Cal.3d 123), and that this rule does not
prohibit a City from regulating to preserve “residential character” by restrictions on
transient and institutional uses such as hotels, motels, boarding houses, clubs, etc.
6. Through long-standing policy, San Rafael has made a commitment to provide
housing for all segments of its community, including housing to meet the special needs of
the disabled.
7. A fundamental policy for the regulation of residential zones under the City’s
Zoning Ordinance is that individual dwelling units are intended for the occupancy and
use of a single household of individuals. Accordingly, the Zoning Ordinance prohibits
and/or requires a conditional use permit for group residential uses such as boarding and
rooming houses which are frequently transient and institutional in nature, and differ in
character from and create different impacts on residential neighborhoods than single
households.
8. The City has received evidence that there are some unlicensed group homes in
the community that are occupied by unrelated persons living together as a single family
unit or household. As such, these group homes may not be treated differently under the
EXHIBIT 1-3
City’s zoning and land use regulations than a household comprised of a group of related
individuals living together.
9. The City has received evidence that some group homes for the disabled in the
community are not occupied by a single household but rather as a business providing
residence to disabled individuals on a transient basis and operate more like boarding
house uses. As such, these group homes should be regulated differently from single
households in residential neighborhoods. The amendments to the San Rafael Municipal
Code, Title 14 - Zoning set forth in Exhibit A would establish new regulations for this
type of use when the occupants are disabled.
10. To ensure that the City complies with federal and state law, the Zoning
Ordinance, as amended by the amendments set forth in Exhibit A, contains standards and
procedures for granting a reasonable accommodation to its regulations when needed to
provide an individual with a disability an equal opportunity to use and enjoy the dwelling
of his or her choice, where such an accommodation does not cause an undue financial or
administrative burden and/or does not result in a fundamental alteration in the nature of
the City’s zoning program, as those terms are defined under applicable state and federal
fair housing laws.
WHEREAS, the amendments to the San Rafael Municipal Code, Title 14 – Zoning set
forth in Exhibit A do not propose any changes to City policies or regulations that would result in
a direct or indirect physical, environmental impact; therefore it has been determined that this
ordinance amendment is covered by the general rule that the California Environmental Quality
Act (CEQA) applies only to projects which have the potential for causing a significant effect on
the environment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to
environmental review;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
recommends to the City Council adoption of the amendments to the San Rafael Municipal Code
Title 14 -- Zoning, as set forth in the attachment “Exhibit A”, based on the finding set forth above
and the following findings as required under Zoning Code Section 14.27.060:
1. The amendments to San Rafael Municipal Code Title 14 – Zoning are consistent with
the policies and programs of the San Rafael General Plan 2020 as outlined in the in
General Plan consistency analysis table titled “Review of San Rafael General Plan 2020
Goals, Policies and Programs for Option 3 Outlined in Staff Report” included as Exhibit
4 of the November 13, 2012 Planning Commission Staff Report, including consistency
with the following policies:
a. Land Use Policies LU-8 (Density of Residential Development), LU-23 (Land Use
Map and Categories)
b. Neighborhood Element Policies NH-3 (Housing Mix)
c. Housing Goals, Policies and Programs Goal 4 (A Diverse Housing Supply), H-
4 (Public Information and Participation), H-4b (Information and Outreach on
Housing Issues), Policy H-8 (Housing Discrimination, Program), H-8c (Fair
Housing Laws), H-10 (Protection of the Existing Housing Stock), H-11 (Housing
Conditions and Maintenance),), H-13 (Special Needs), H-13b (Reasonable
Accommodation), H-15 (House Sharing) and H-16e (Transitional and
Supportive Housing)
EXHIBIT 1-4
d. Community Design Element Policy CD-2 (Neighborhood Identity), and
e. Governance Policies G-2 (Variety of Housing), G-18 (Support for Special Needs
Groups) and G-18c (Zoning Allowance)
2. The public health, safety and general welfare are served by adoption of the
proposed Zoning Ordinance amendments, in that the proposed amendments
would : a) balance the need to provide transitional housing within the community while
minimizing land use impacts from residential uses and residential support facilities; b)
create a new ministerial review process to ensure that large residential support homes are
safe and require an inspection from the Building and Fire Departments; c) implement
policies and programs in the San Rafael General Plan 2020 that encourage incorporating
transitional housing in community to address the diverse housing needs and provide
housing for all segments of the population; and d) ensure that City regulations are
consistent with Federal Fair Housing and American with Disability Act (ADA) as well as
relevant case law.
The foregoing Resolution was adopted at the regular City of San Rafael Planning
Commission meeting held on the 13th day of November, 2012.
Moved by Commissioner _____________ and seconded by Commissioner ________________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul Jensen, Secretary Viktoriya Wise, Chair
ATTACHMENT:
Exhibit A – Amendments to San Rafael Municipal Code Title 14 (Zoning), Draft Date October 23. 2012