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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