HomeMy WebLinkAboutOrdinance 1900 (Large Group Homes)ORDINANCE NO. 1900
CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE
MAKING FINDINGS AND FURTHER 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
WHEREAS, pursuant to Government Code section 65858, in order to protect the public
health, safety or welfare, the City Council may, by at least a four-fifths (4/5) vote and without
following the procedures otherwise required prior to the adoption of a zoning ordinance, adopt
an interim urgency ordinance to prohibit uses that may be in conflict with a contemplated general
plan or zoning proposal that the City is studying or intends to study within a reasonable time; and
WHEREAS, the potential operation of unlicensed large group homes in residential
neighborhoods of the City creates a current and immediate threat to the public safety, health, and
welfare, in that such operations reasonably threaten to cause adverse impacts to surrounding
neighbors, including impacts on or related to available parking, traffic, noise, outdoor lighting,
sanitation, litter, outdoor gatherings, and property values; and
WHEREAS, the potential operation of unlicensed large group homes in residential
neighborhoods of the City creates an additional current and immediate threat to the public safety,
health, and welfare, in that such operations reasonably threaten to undermine the overall goals
and purposes of the City's zoning ordinance with respect to the character of residential
neighborhoods and the fostering of harmonious and workable relationships among land uses to
mitigate or eliminate negative impacts caused by incompatible locations and uses; and
WHEREAS, for the reasons stated above, on March 7, 2011, the San Rafael City
Council adopted Ordinance No. 1893, a 45 -day moratorium on the establishment and operation
of unlicensed large group homes within the residential zones of the City. The purpose of the
temporary moratorium is to allow the City to (1) review and analyze the various definitions of
uses of property in the City's zoning ordinance, including those enumerated in the recitals above;
(2) consider potential amendments to those definitions and to the land use regulations related
thereto; and (3) research, draft, and adopt 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, following a public hearing on April 4, 2011, the City Council adopted
Ordinance No. 1894, extending the temporary moratorium adopted in Ordinance No. 1893
through December 31, 2011; and
WHEREAS, the City Council finds that additional time is required for City staff to
complete the drafting of appropriate amendments to the City's Municipal Code and to hold
required meetings and public hearings for adoption of any such amendments, and that therefore
the temporary moratorium adopted in Ordinance No. 1893 should be further extended; and
WHEREAS, as required pursuant to Government Code section 65858, the City Council
has received and accepted a report from City staff on the measures taken to alleviate the
condition which led to the adoption of the ordinance; and
WHEREAS, the City Council hereby finds that it can be seen with certainty that there is
no possibility that the extension of the temporary moratorium ordinance may have a significant
effect on the environment, since this ordinance does not authorize construction or installation of
any facilities and, in fact, imposes greater restrictions on such construction and installation in
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order to protect the public health, safety and general welfare. This ordinance is therefore exempt
from the environmental review requirements of the California Environmental Quality Act
(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
and extended by Ordinance No. 1894 is hereby further extended to and including December 31,
2012.
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) continue to review and analyze the
applicable law concerning regulation of unlicensed large group homes; (b) consider 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 (c) begin the review of its recommendations through the required public process.
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4. For purposes of this temporary moratorium, the following teens shall have the
following meanings:
A. "Group home" shall mean a residential use of real property operated as a
single facility for the purpose of housing and/or caring for a group of unrelated adult persons
with common needs and/or interests.
B. "Unlicensed large group home" shall mean a residential use of real
property operated, on either a for-profit or not for-profit business basis, 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.
5. Violations of this temporary moratorium may be charged as infractions or
misdemeanors as set forth in Section 1.16.060 of the San Rafael Municipal Code or may be
deemed a public nuisance and may be enforced by an action for injunction or civil penalties as
provided in Section 1.42.020, or any other remedy authorized by law.
6. The San Rafael City Manager is hereby authorized to direct all City Departments,
including the Code Enforcement Division of the Community Development Department and the
City Attorney to facilitate compliance with the purpose and intent of this temporary moratorium
using the enforcement powers described in the preceding paragraph.
DIVISION 3. — EXPIRATION DATE.
Pursuant to the pertinent provisions of Government Code section 65858, this interim
urgency ordinance shall expire and shall be of no further force and effect after December 31,
2012.
DIVISION 4. — SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have adopted the ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases are declared invalid.
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DIVISION 5. URGENCY.
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.
GARY O. PHILLIPS, Mayor
ATTEST:
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 5th day
of December, 2011, by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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ESTHER C. BEIRNE, City Clerk