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HomeMy WebLinkAbout14-Community Development RIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: Final adoption of an Ordinance to amend definitions and parking standards of Dept: Community Development the Development Code and adding Chapter 19.63 to establish a procedure for requesting Date: June 28, 2011 reasonable accommodation for persons with disabilities. (DCA 11-02) MCC Date: July 5, 2011 Synopsis of Previous Council Action: 6/20/2011 - Mayor and Common Council heard the item, closed the public hearing, and laid the Ordinance over for final adoption. Recommended Motion: That the Ordinance be adopted 9 M. Margo Wheeler, AICP Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: ao /� tL-f O,t.� . 13s� Agenda Item No. 0 07 a5-90l 1 A414&1 V'A'1 ?a(-k-Lw CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Final adoption of an Ordinance to amend definitions and parking standards of the Development Code and adding Chapter 19.63 to establish a procedure for requesting reasonable accommodation for persons with disabilities. (DCA 11-02) Background: A public hearing of this item was conducted on June 20, 2011. All backup materials were distributed with the June 20, 2011 agenda. The subject Ordinance is proposed as a Development Code Amendment (DCA 11-02) to support and implement provisions of the General Plan Housing Element update. The current provisions of the Development Code and the proposed amendments are described in the June 20, 2011 staff report. On June 20, 2011, the Council considered the proposed Ordinance and voted unanimously to approve DCA 11-02 and lay the Ordinance over for final adoption. Recommendation: That the Ordinance be adopted. CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: An Ordinance amending Development Code definitions and parking standards and Dept: Community Development adding Chapter 19.63 to establish a procedure for requesting reasonable accommodation for Date: June 6, 2011 persons with disabilities (DCA 11-02). MCC Date: June 20, 2011 Synopsis of Previous Council Action: None. Recommended Motion: That the hearing be closed and the Ordinance be laid over for final adoption. r N M. Margo Wheeler,AICP Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report& Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: Z o 39 Agenda Item No. �y CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: An Ordinance amending Development Code definitions and parking standards and adding Chapter 19.63 to establish a procedure for requesting reasonable accommodation for persons with disabilities (DCA 11-02). Background and Description: Development Code Amendment (DCA) 11-02 is a proposal to revise multiple sections of the Development Code in conjunction with the General Plan Housing Element Update, to comply with the requirements of the State Department of Housing and Community Development (HCD) for certification of the Housing Element, and to implement one of the program commitments in the Draft Housing Element. The following amendments are proposed: Section 19.24.040 —A proposal to reduce the required on-site parking ratio for studio apartment units from 1.5 spaces per unit to 1 space per unit. Section 19.02.050 — A proposal to modify the definition of"family" as it relates to residential occupancy, to comply with Federal and State fair housing laws. Chapter 19.63 — A proposal to add a procedure for Director approval of requests for reasonable accommodation of the needs of individuals with disabilities that may require flexibility in the application of zoning regulations to remove barriers to housing opportunities. A detailed analysis of DCA 11-02 and its relationship to the 2011 Draft Housing Element update GPA(11-01) is attached in the May 25, 2011 Planning Commission Staff Report(Attachment 1). California Environmental Quality Act(CEQA) Compliance An Initial Study was prepared to analyze potential impacts of the Housing Element update and associated amendments of Development Code Sections 19.02.050 and 19.24.040 in DCA 11-02, pursuant to CEQA. The Initial Study concludes that the Housing Element update and associated amendments in DCA 11-02 will not have a significant adverse impact on the environment. The Initial Study was circulated and posted on the City web site for public review. The Resolution to adopt the 2011 Housing Element update also adopts a Negative Declaration pursuant to CEQA. DCA 11-02 also adds Chapter 19.63, Reasonable Accommodation, which is exempt from the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment are exempt from environmental review. Addition of a reasonable accommodation request procedure as Chapter 19.63 to the Development Code will not affect the environment. 2 Planning Commission Recommendation: The Planning Commission considered the proposed Development Code amendment concurrent with the General Plan Housing Element(GPA 11-01) and the proposed Negative Declaration in a noticed public hearing on May 25, 2011. The Commission voted unanimously to recommend adoption of the Negative Declaration, the Housing Element update and the associated Development Code amendment DCA 11-02 as proposed, with Commissioners Calero, Coute, Durr, Eble, Heasley, Machen, Mulvihill and Sauerbrun voting in favor of the motion. Commissioner Rawls was absent. Public Hearing Notice: Notice of the public hearing of this item was published in a 1/8 page advertisement in the San Bernardino County Sun on June 10, 2011. Financial Impact: None anticipated. Recommendation: That the hearing be closed, and the Ordinance be laid over for final adoption. Attachments: Attachment 1 Planning Commission Statement of Action and 5/25/11 Staff Report Ordinance 3 ATTACHMENT 1 CITY OF SAN BERNARDINO IDSTATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Development Code Amendment No. 11-02 Proposed By: City of San Bernardino Description: A proposal to amend various sections of the Development Code to support the General Plan Housing Element update with a modification of the parking requirement for studio apartments; a revision of the definition of "family" as it relates to residential occupancy; and addition of a procedure for requesting reasonable accommodation for individuals with disabilities, when such accommodation may require flexibility in zoning or development standards. ACTION: RECOMMENDED ADOPTION Meeting Date: May 25, 2011 The Planning Commission recommended that the Mayor and Common Council adopt the Negative Declaration and approve Development Code Amendment No. 11-02 based on the Findings of Fact contained in the Staff Report. VOTE Ayes: Calero, Coute,Durr,Eble, Machen, Heasley,Mulvihill and Sauerbrun Nays: None Abstain: None Absent: Rawls I hereby certify that this Statement of Official Action accurately reflects the action of the Planning Commission of the City of San Bernardino. The matter will be referred to the Mayor and Common Council for final action on June 20, 2011. M_ Margo Wheeler, AICP Date Community Development Director cc: Case File,Department File PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 11-02 AGENDA ITEM: 10 HEARING DATE: May 25, 2011 WARD: Citywide APPLICANT: City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 909-384-5057 REQUEST/LOCATION: A proposal to amend various sections of the Development Code to support the General Plan Housing Element Update with a modification of the parking requirement for studio apartments; a revision of the definition of "family" as it relates to residential occupancy; and addition of a procedure for requesting reasonable accommodation for individuals with disabilities, when such accommodation may require flexibility in zoning or development standards. CONSTRAINTS/OVERLAYS: Not Applicable—Citywide Code Amendment ENVIRONMENTAL FINDINGS: • Exempt from CEQA, Section 15061(b)(3)—No Possible Significant Impact • No Significant Effects ❑ Mitigation Measures and Mitigation Monitoring/Reporting Program ❑ Environmental Impact Report STAFF RECOMMENDATION: 0 Approval Recommendation to Mayor and Council ❑ Conditions ❑ Denial ❑ Continuance to: DCA No. 11-02 PC Hearing Date:May 25,2011 Page 2 PROJECT DESCRIPTION Development Code Amendment (DCA) 11-02 is a proposal to revise multiple sections of the Development Code in conjunction with the General Plan Housing Element Update, to comply with the requirements of the State Department of Housing and Community Development (HCD) for certification of the Housing Element, and to implement one of the program commitments in the Draft Housing Element. The following amendments are proposed: Section 19.24.040—A proposal to reduce the required on-site parking ratio for studio apartment units from 1.5 spaces per unit to 1 space per unit(Attachment A). Section 19.02.050 — A proposal to modify the definition of"family" as it relates to residential occupancy,to comply with Federal and State fair housing laws(Attachment B). Chester 19.63 — A proposal to add a procedure for Director approval of requests for reasonable accommodation of the needs of individuals with disabilities that may require flexibility in the application of zoning regulations to remove barriers to housing opportunities(Attachment Q. SETTING AND AREA OF EFFECT DCA 11-02 would apply to all housing development projects and existing residential properties and housing units throughout the City. BACKGROUND • On February 8, 2011, the State Department of Housing and Community Development (HCD) issued its final review and comment letter on the City's General Plan Housing Element Update. HCD authorized adoption of the Housing Element Update, subject to minor additions to the Element and amendments to the City's Code standard for studio apartment parking and to the Code definition of"family." • Staff prepared DCA 11-02 to respond to the conditions of HCD for certification of the Housing Element. An additional amendment, adding the procedure for requesting reasonable accommodation for development or improvement of housing for persons with disabilities, was included to implement a Housing Element Update program. ANALYSIS The 3-part purpose of the Housing Element is to (1) assess housing needs; (2) remove constraints/impediments to meeting housing needs; and (3) ensure compliance with Federal and State laws related to housing. The subject DCA is proposed to support parts(2)and(3). DCA No. 11-02 PC Hearing Date:May 25,2011 Page 3 Section 19.24.040 sets forth the ratios of on-site parking spaces required for various land uses. The current standard for studio apartments is 1.5 covered parking spaces per unit, plus 1 uncovered guest parking space per five units. This is the same as the standard for 1-bedroom units. HCD found this requirement to be excessive, constituting a constraint on development of studio units. The proposed amendment changes the per-unit requirement for studio units to 1:1 (Attachment A). Section 19.02.050 DEFINITIONS, currently defines the term "family" as "An individual, or 2 or more persons related by blood, marriage or legal adoption, or a group of not more than 6 persons who are not so related living together as a single housekeeping unit." This definition is not consistent with fair housing laws that protect reasonable accommodation for persons with disabilities who choose to live together. The proposed amendment removes the language defining family relationships, as well as the 6-person limit for unrelated persons (Attachment B). Chapter 19.63: This chapter is proposed as an addition to the Development Code, to establish a procedure for reviewing requests for exceptions from zoning/development standards to provide reasonable accommodations for persons with disabilities. Such reasonable accommodations are already required by the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (Government Code §12955 et seq.). HCD encourages establishment of formal procedures for reasonable accommodation requests in local zoning regulations. Therefore, this amendment has been included in the Housing Element Update as a program to remove impediments to accessible housing(Attachment Q. CALIFORNIA ENVIRONMF,NTAL QUALITY ACT(CEQA)COMPLIANCE An Initial Study was prepared to analyze potential impacts of the Housing Element Update and the subject Development Code Amendment (DCA) 11-02, pursuant to Section 21080.1 of the Public Resources Code. The Initial Study concludes that the Housing Element Update and the associated Code amendments required by the State Department of Housing and Community Development (HCD) will not have any significant adverse impact on the environment. The Development/Environmental Review Committee reviewed the Initial Study and approved its release for public review on April 14, 2011. The Initial Study is posted for public review on the City web site,and was circulated for review by local agencies. Subsequent to publication of the Draft Initial Study/Negative Declaration for the Housing Element Update and DCA 11-02, staff identified another Code amendment needed to implement the Housing Element Update: the addition of a procedure to request reasonable accommodation for housing of persons with disabilities as Chapter 19.63 of the Development Code. This amendment merely adds a procedure to implement existing requirements of Federal and State laws. Therefore, it is clearly exempt from CEQA under the general rule in Section 15061(b)(3) of the CEQA Guidelines that there is no foreseeable physical effect of the proposal that could cause a significant adverse impact on the environment. DCA No. 11-02 PC Hearing Date:May 25,2011 Page 4 FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan. The proposed Development Code Amendment would remove constraints to meeting housing needs,consistent with the following General Plan policies: Policy 3.1.6: "Continue to simplify the development review process for the development of housing units." Policy 3.5.3: "Periodically review building and development regulations to ensure that they do not impose unreasonable restrictions to the construction of housing for all income groups." Policy 3.5.4: "Periodically review the enforcement of zoning and building codes to ensure that City practices do not unreasonably impede the preservation and conservation of existing affordable housing." Polio: "Continue to enforce programs and regulations that provide full access to persons with disabilities, including reasonable accommodation for such persons in the rules, policies and procedures of the City that may be necessary to ensure equal access to housing." 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed amendments to the Development Code would allow the City to comply with HCD requirements for certification of the General Plan Housing Element, and would implement proposed Housing Element programs. Adoption of the proposed amendments will remove impediments to housing development and enhance housing opportunities in the City. Therefore, the proposed Development Code Amendment serves the public interest and convenience and would not be detrimental to public health, safety, or general welfare. CONCLUSION The purpose and resulting provisions of the proposed Development Code Amendment satisfy all Findings of Fact required for approval of DCA 11-02. DCA No. 11-02 PC Hearing Date:May 25,2011 Page 5 RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council adopt the Negative Declaration and approve Development Code Amendment No. 11-02 based on the Findings of Fact contained in the Staff Report. Respectfully Submitted, Gs — Terri Rahhal,AICP City Planner Approved for Distribution: j M. Margo Wheeler,AICP Community Development Director Attachment A Proposed Amendment of Section 19.24.040 Attachment B Proposed Amendment of Section 19.02.050 Attachment C Proposed Additional Chapter 19.63 ATTACHMENT A OFF-STREET PARKING STANDARDS—19.24 19.24.040 NUMBER OF PARKING SPACES REQUIRED The following are minimum numbers of off-street parking spaces required for each use ("s.f" refers to square feet and "g.fa." refers to gross floor area): USE NUMBER OF REQUIRED SPACES Residential Uses Mobile home parks 2 covered spaces within an enclosed garage,which may be tandem,and 1 uncovered quest space for each unit. Multi-family Residential: Studio 1 space per unit. Studio and 1 bedroom 1.5 covered per unit; 1 uncovered guest space per 5 units. Two bedrooms 2 covered per unit; 1 uncovered guest space per 5 units. Three or more bedrooms 2.5 covered per unit; 1 uncovered guest space per 5 units. Planned residential developments, 2 covered spaces within an enclosed garage and 1 including single-family dwellings and uncovered off-street guest parking space for every 5 units. condominiums Residential day care 2 spaces in addition to those required for primary residence. Senior citizen apartments 1 covered space for each unit,plus 1 uncovered space for each space for 5 units for guest parking. Senior congregate care .75 covered space for each unit. Single-family dwellings 2 covered spaces within an enclosed garage. Commercial Uses Adult businesses 1 space for each 200 s.f of g.fa. plus I space for each employee. Amusement/recreational facilities: Bowling alley 3 spaces per lane,plus as required for incidental uses(i.e., pro shop,coffee shop, etc.). Driving range 3 spaces, plus 1 space per tee. III-56 ATTACHMENT B BASIC PROVISIONS- 19.02 Extended Lodging Facility. A limited service lodging facility containing one hundred (100) or more guest rooms in one or more buildings containing individual guestrooms or suites of rooms which provides some additional services such as kitchen facilities, amenities, recreational facilities, and/or meals. Lengths of stay are defined in Section 19.06.030(2)(Z)(11) of this Development Code. MC 1126 7/4/02 Family. A individual, 2 ° per-sons relate•l la--vy food, fnar6 g o legal adoption or--a or- l m One or more persons living together in a dwelling unit, with common access to, and common use of all living,kitchen, and eating areas within the dwelling unit. Frontage. The side of a lot abutting a street(the front lot line),except the side of a corner lot. Frontage STREET FRONTAGE SIDE STREET FRONTAGE .. .. .. .. .. .. Front Wall. The nearest wall of a structure to the street upon which the structure faces, but excluding cornices, canopies, eaves, or any other architectural embellishments. Garage. An enclosed building, or a portion of an enclosed building used for the parking of vehicles. General Plan. The City of San Bernardino General Plan as adopted by the Mayor and Common Council,who may amend the Plan from time to time,hereafter referred to as the"General Plan." Grade. The degree of rise or descent of a sloping surface(see Slope). "Granny" Flat. An additional dwelling unit intended for the sole occupancy of 1 or 2 adult persons who are 62 years of age or over, and the floor area of the attached "granny" flat dwelling unit does not exceed 30 percent of the existing living area of the primary residence or the floor area of the detached"granny" flat dwelling unit does not exceed 1,200 square feet on a lot designated as residential, as defined in Government Code Section 65852.1. I-14 ATTACHMENT C CHAPTER 19.63 REASONABLE ACCOMMODATION 19.63.010 PURPOSE The purpose of this Chapter is to establish a procedure for an individual with a disability seeking equal access to housing to request reasonable accommodation as provided by the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act(Acts). 19.63.020 DEFINITIONS 1. Acts — The Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§3601-3619) and the California Fair Employment and Housing Act(Govt. Code §§12900-12996). 2. Individual with a Disability—As defined under the Acts, a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment,or anyone who has a record of that type of impairment. 3. Reasonable Accommodation—The act of providing flexibility in the application of land use and zoning regulations, including modification or waiver of certain requirements to accommodate the needs of an individual with a disability. 19.63.030 PROCEDURE 1. Approval Authority — The Director shall have the authority to review and approve or deny requests for reasonable accommodation, based on the required findings. The Director may refer the matter to the Planning Commission or the Historic Preservation Commission if the project requires another discretionary action,or as appropriate. 2. Application Review and Decision—A request for reasonable accommodation shall be made in writing by an individual with a disability or his or her representative,or a developer or provider of housing for an individual with a disability. The request shall identify the project,the standard that presents a barrier to reasonable accommodation, and the disability that requires reasonable accommodation. The Director may request additional information necessary for making a determination, consistent with the Acts and considering privacy rights of the individual. Prior to issuance of permits issued for construction including a reasonable accommodation, the Director may require recordation of a disclosure to inform future property owners of the granting of the reasonable accommodation,and whether or not the approval will run with the land. 19.63.040 APPLICABILITY Reasonable accommodation is granted to the individual with a disability. Approval of a reasonable accommodation shall not run with the land unless the Director determines that(A)The modification is physically integrated with the structure and not easily removed or altered to comply with the Code; or(B)The accommodation is to be used by another individual with a disability. ....rrnrrrr.r� 19.63.050 FINDINGS A request for reasonable accommodation shall be granted only if all of the following findings are made: 1. The subject housing will be used by an individual with a disability as defined under the Acts. 2. The requested accommodation is necessary to make specific housing available to an individual with a disability. 3. The requested accommodation would not impose an undue financial or administrative burden on the City. 4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law,including land use and zoning. 19.63.060 APPEALS The decision of the Director may be appealed to the Planning Commission, and a Planning Commission decision may be appealed to the Mayor and Common Council, pursuant to Chapter 19.52 Hearings and Appeals. I ORDINANCE NO. colpy 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) BY MODIFYING DEFINITIONS IN SECTION 19.02.050 AND PARKING STANDARDS IN SECTION 19.24.040 4 AND ADDING CHAPTER 19.63 TO ESTABLISH A PROCEDURE FOR REQUESTING REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS, the Mayor and Common Council adopted the current Development Code, Title 19 8 of the Municipal Code by Ordinance MC-789 on June 3, 1991; and 9 WHEREAS,the California Department of Housing and Community Development(HCD)has 10 reviewed the 2011 Draft Housing Element of the City of San Bernardino General Plan; and 11 WHEREAS, HCD has requested amendments of the City's Development Code to bring the 12 Development Code into compliance with State fair housing laws and to remove governmental 13 constraints on housing development; and 4 WHEREAS, one of the strategies for improving equal housing opportunities in the 2011 Draft 15 Housing Element is a program to amend the Development Code by adding a procedure for persons with 16 disabilities to request reasonable accommodation under land use, zoning and building regulations; and 17 WHEREAS, amendment of Sections 19.02.050 and 19.24.040 and adding Chapter 19.63 of the 18 Development Code will facilitate HCD certification of the 2011 Draft Housing Element; and 19 WHEREAS on May 25, 2011,the Planning Commission of the City of San Bernardino held a 20 noticed public hearing to consider public testimony and a staff report recommending the proposed 21 ordinance as an amendment to the City Development Code, and recommended that the Mayor and 22 Common Council adopt the ordinance as proposed; and 23 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of 24 the proposed Ordinance was published in The Sun newspaper on June 10, 2011; 25 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 26 BERNARDINO DO ORDAIN AS FOLLOWS: 27 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and hereby adopts and incorporates them herein. 1 �_kkq 1 (o — `L 1 SECTION 2. Findings of Fact. 2 A. The Ordinance amending the Development Code is consistent with the General Plan of 3 the City of San Bernardino. The proposed Ordinance would remove constraints to meeting housing 4 needs in the City of San Bernardino, consistent with the following General Plan policies: 5 Policy 3.1.6: "Continue to simplify the development review process for the development of 6 housing units." 7 Policy 3.5.3: "Periodically review building and development regulations to ensure that they do 8 not impose unreasonable restrictions to the construction of housing for all income groups." 9 Policy 3.5.4: "Periodically review the enforcement of zoning and building codes to ensure that 10 City practices do not unreasonably impede the preservation and conservation of existing 11 affordable housing." 12 Policy 3.6.3: "Continue to enforce programs and regulations that provide full access to persons 13 with disabilities, including reasonable accommodation for such persons in the rules, policies and 4 procedures of the City that may be necessary to ensure equal access to housing." 15 16 B. The Ordinance amending the Development Code will not be detrimental to the public 17 interest, health, safety, convenience or welfare of the City. The proposed amendments to the 18 Development Code would allow the City to comply with HCD requirements for certification of the 2011 Housing Element of the General Plan, and would implement proposed Housing Element programs. 19 Adoption of the proposed amendments would remove impediments to housing development and 20 enhance housing opportunities in the City. Therefore, the proposed Development Code amendment 21 serves the public interest and convenience and would not be detrimental to public health, safety or 22 general welfare. 23 24 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.02.050, DEFINITIONS, is hereby amended to replace the current definition of"Family"to read as follows: 25 26 19.02.050 DEFINITIONS 27 Family. One or more persons living together in a dwelling unit, with common access to, and s common use of all living, kitchen, and eating areas within the dwelling unit. 2 I SECTION 4. San Bernardino Municipal Code (Development Code) Section 19.24.040,Number 2 of Parking Spaces Required, is hereby amended to change the parking requirement for studio apartments 3 to one space per unit. 4 SECTION 5. San Bernardino Municipal Code (Development Code) Chapter 19.63, Reasonable 5 Accommodation, is hereby added to read as shown on Exhibit A, attached hereto and incorporated 6 herein by reference. SECTION 6. Compliance with the California Environmental Quality Act: s A. The Mayor and Common Council finds that the Negative Declaration prepared and 9 adopted for the 2011 Draft Housing Element update also applies to the proposed amendments of to Sections 19.02.050 and 19.24.040 of the Development Code, and that(a)the Initial Study and Negative 11 Declaration,prepared for the 2011 Draft Housing Element and associated Development Code 12 amendments were prepared in compliance with the California Environmental Quality Act; (b)that there 13 is no substantial evidence that the proposed Development Code amendments would have a significant 4 effect on the environment; and (c) the Negative Declaration reflects the independent review, analysis 15 and judgment of the Mayor and Common Council. 16 B. The Mayor and Common Council finds that the proposed amendment to the Development 17 Code to add Chapter 19.63, Reasonable Accommodation, is exempt from the California Environmental 18 Quality Act (CEQA)pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that 19 activities that will not result in a direct or reasonably foreseeable indirect physical change in the 20 environment are exempt from environmental review. Addition of a reasonable accommodation request 21 procedure as Chapter 19.63 to the Development Code will not affect the environment. 22 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 23 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 24 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 25 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 26 declares that it would have adopted each section irrespective of the fact that any one or more ,7 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or A ineffective. 3 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) BY MODIFYING 2 DEFINITIONS IN SECTION 19.02.050 AND PARKING STANDARDS IN SECTION 19.24.040 3 AND ADDING CHAPTER 19.63 TO ESTABLISH A PROCEDURE FOR REQUESTING REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the day 7 of , 2011,by the following vote to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 19 20 Rachel Clark, City Clerk 21 The foregoing Ordinance is hereby approved this day of , 2011. 22 23 24 PATRICK J. MORRIS, Mayor 25 Approved as to form: City of San Bernardino 26 JAMES F. PENMAN 27 City Attorney 8 4 EXHIBIT A CHAPTER 19.63 REASONABLE ACCOMMODATION 19.63.010 PURPOSE The purpose of this Chapter is to establish a procedure for an individual with a disability seeking equal access to housing to request reasonable accommodation as provided by the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act(Acts). 19.63.020 DEFINITIONS 1. Acts — The Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§3601-3619) and the California Fair Employment and Housing Act(Govt. Code §§12900-12996). 2. Individual with a Disability—As defined under the Acts, a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment,or anyone who has a record of that type of impairment. 3. Reasonable Accommodation—The act of providing flexibility in the application of land use and zoning regulations, including modification or waiver of certain requirements to accommodate the needs of an individual with a disability. 19.63.030 PROCEDURE 1. Approval Authority — The Director shall have the authority to review and approve or deny requests for reasonable accommodation, based on the required findings. The Director may refer the matter to the Planning Commission or the Historic Preservation Commission if the project requires another discretionary action,or as appropriate. 2. Application Review and Decision—A request for reasonable accommodation shall be made in writing by an individual with a disability or his or her representative,or a developer or provider of housing for an individual with a disability. The request shall identify the project,the standard that presents a barrier to reasonable accommodation, and the disability that requires reasonable accommodation. The Director may request additional information necessary for making a determination, consistent with the Acts and considering privacy rights of the individual. Prior to issuance of permits issued for construction including a reasonable accommodation,the Director may require recordation of a disclosure to inform future property owners of the granting of the reasonable accommodation,and whether or not the approval will run with the land. 19.63.040 APPLICABILITY Reasonable accommodation is granted to the individual with a disability. Approval of a reasonable accommodation shall not run with the land unless the Director determines that(A) The modification is physically integrated with the structure and not easily removed or altered to comply with the Code; or(B)The accommodation is to be used by another individual with a disability. 19.63.050 FINDINGS A request for reasonable accommodation shall be granted only if all of the following findings are made: 1. The subject housing will be used by an individual with a disability as defined under the Acts. 2. The requested accommodation is necessary to make specific housing available to an individual with a disability. 3. The requested accommodation would not impose an undue financial or administrative burden on the City. 4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law,including land use and zoning. 19.63.060 APPEALS The decision of the Director may be appealed to the Planning Commission, and a Planning Commission decision may be appealed to the Mayor and Common Council, pursuant to Chapter 19.52 Hearings and Appeals. i I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) BY MODIFYING DEFINITIONS IN SECTION 19.02.050 AND PARKING STANDARDS IN SECTION 19.24.040 4 AND ADDING CHAPTER 19.63 TO ESTABLISH A PROCEDURE FOR REQUESTING REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS,the Mayor and Common Council adopted the current Development Code, Title 19 8 of the Municipal Code by Ordinance MC-789 on June 3, 1991; and 9 WHEREAS,the California Department of Housing and Community Development(HCD)has 10 reviewed the 2011 Draft Housing Element of the City of San Bernardino General Plan; and 11 WHEREAS, HCD has requested amendments of the City's Development Code to bring the 12 Development Code into compliance with State fair housing laws and to remove governmental 13 constraints on housing development; and 14 WHEREAS, one of the strategies for improving equal housing opportunities in the 2011 Draft 15 Housing Element is a program to amend the Development Code by adding a procedure for persons with 16 disabilities to request reasonable accommodation under land use, zoning and building regulations; and 17 WHEREAS, amendment of Sections 19.02.050 and 19.24.040 and adding Chapter 19.63 of the 18 Development Code will facilitate HCD certification of the 2011 Draft Housing Element;and 19 WHEREAS on May 25, 2011, the Planning Commission of the City of San Bernardino held a 20 noticed public hearing to consider public testimony and a staff report recommending the proposed 21 ordinance as an amendment to the City Development Code,and recommended that the Mayor and 22 Common Council adopt the ordinance as proposed; and 23 WHEREAS,notice of the public hearing for the Mayor and Common Council's consideration of 24 the proposed Ordinance was published in The Sun newspaper on June 10, 2011; 25 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 26 BERNARDINO DO ORDAIN AS FOLLOWS: 27 28 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and hereby adopts and incorporates them herein. 1 41q 0-1-0,5--ge I ( 1 SECTION 2. Findings of Fact. 2 3 A. The Ordinance amending the Development Code is consistent with the General Plan of the City of San Bernardino. The proposed Ordinance would remove constraints to meeting housing 4 needs in the City of San Bernardino, consistent with the following General Plan policies: 5 Policy 3.1.6: "Continue to simplify the development review process for the development of 6 housing units." 7 Policy 3.5.3: "Periodically review building and development regulations to ensure that they do 8 not impose unreasonable restrictions to the construction of housing for all income groups." 9 Policy 3.5.4: "Periodically review the enforcement of zoning and building codes to ensure that 10 City p ractices do not unreasonably impede the preservation and conservation of existing 11 affordable housing." 12 Policy 3_6.3: "Continue to enforce programs and regulations that provide full access to persons 13 with disabilities, including reasonable accommodation for such ersons in the rules,, policies and 14 p rocedures of the City that may be necessary to ensure equal access to housing." 15 16 B. The Ordinance amending the Development Code will not be detrimental to the public 17 interest, health, safety, convenience or welfare of the City. The proposed amendments to the 18 Development Code would allow the City to comply with HCD requirements for certification of the 2011 19 Housing Element of the General Plan, and would implement proposed Housing Element programs. 20 Adoption of the proposed amendments would remove impediments to housing development and enhance housing opportunities in the City. Therefore, the proposed Development Code amendment 21 serves the public interest and convenience and would not be detrimental to public health, safety or 22 general welfare. 23 24 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.02.050, 25 DEFINITIONS, is hereby amended to replace the current definition of"Family"to read as follows: 26 19.02.050 DEFINITIONS 27 Family. One or more persons living together in a dwelling unit, with common access to, and 28 common use of all living,kitchen, and eating areas within the dwelling unit. 2 I SECTION 4. San Bernardino Municipal Code (Development Code) Section 19.24.040,Number 2 of Parking Spaces Required, is hereby amended to change the parking requirement for studio apartments 3 to one space per unit. 4 SECTION 5. San Bernardino Municipal Code (Development Code) Chapter 19.63, Reasonable 5 Accommodation, is hereby added to read as shown on Exhibit A, attached hereto and incorporated 6 herein by reference. s SECTION 6. Compliance with the California Environmental Quality Act: 9 A. The Mayor and Common Council finds that the Negative Declaration prepared and adopted for the 2011 Draft Housing Element update also applies to the proposed amendments of 10 Sections 19.02.050 and 19.24.040 of the Development Code, and that(a)the Initial Study and Negative 11 Declaration, prepared for the 2011 Draft Housing Element and associated Development Code 12 amendments were prepared in compliance with the California Environmental Quality Act; (b)that there 13 is no substantial evidence that the proposed Development Code amendments would have a significant 14 effect on the environment; and(c)the Negative Declaration reflects the independent review, analysis 15 and judgment of the Mayor and Common Council. 16 B. The Mayor and Common Council finds that the proposed amendment to the Development 17 Code to add Chapter 19.63, Reasonable Accommodation, is exempt from the California Environmental 18 Quality Act(CEQA)pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that 19 activities that will not result in a direct or reasonably foreseeable indirect physical change in the 20 environment are exempt from environmental review. Addition of a reasonable accommodation request 21 procedure as Chapter 19.63 to the Development Code will not affect the environment. 22 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 23 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 24 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 25 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 26 declares that it would have adopted each section irrespective of the fact that any one or more 27 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 28 ineffective. 3 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) BY MODIFYING 2 DEFINITIONS IN SECTION 19.02.050 AND PARKING STANDARDS IN SECTION 19.24.040 3 AND ADDING CHAPTER 19.63 TO ESTABLISH A PROCEDURE FOR REQUESTING REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the day 7 of , 2011, by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 Rachel Clark, City Clerk 21 The foregoing Ordinance is hereby approved this day of , 2011. 22 23 24 PATRICK J. MORRIS, Mayor 2s Approved as to form: City of San Bernardino 26 JAMES F. PENMAN 27 City Attorney 28 4 EXHIBIT A CHAPTER 19.63 REASONABLE ACCOMMODATION 19.63.010 PURPOSE The purpose of this Chapter is to establish a procedure for an individual with a disability seeking equal access to housing to request reasonable accommodation as provided by the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act(Acts). 19.63.020 DEFINITIONS 1. Acts — The Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§3601-3619) and the California Fair Employment and Housing Act(Govt. Code §§12900-12996). 2. Individual with a Disability—As defined under the Acts, a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment,or anyone who has a record of that type of impairment. 3. Reasonable Accommodation—The act of providing flexibility in the application of land use and zoning regulations, including modification or waiver of certain requirements to accommodate the needs of an individual with a disability. 19.63.030 PROCEDURE 1. Approval Authority — The Director shall have the authority to review and approve or deny requests for reasonable accommodation, based on the required findings. The Director may refer the matter to the Planning Commission or the Historic Preservation Commission if the project requires another discretionary action,or as appropriate. 2. Application Review and Decision—A request for reasonable accommodation shall be made in writing by an individual with a disability or his or her representative, or a developer or provider of housing for an individual with a disability. The request shall identify the project,the standard that presents a barrier to reasonable accommodation, and the disability that requires reasonable accommodation. The Director may request additional information necessary for making a determination, consistent with the Acts and considering privacy rights of the individual. Prior to issuance of permits issued for construction including a reasonable accommodation,the Director may require recordation of a disclosure to inform future property owners of the granting of the reasonable accommodation,and whether or not the approval will run with the land. 19.63.040 APPLICABILITY Reasonable accommodation is granted to the individual with a disability. Approval of a reasonable accommodation shall not run with the land unless the Director determines that(A) The modification is physically integrated with the structure and not easily removed or altered to comply with the Code;or(B)The accommodation is to be used by another individual with a disability. 19.63.050 FINDINGS A request for reasonable accommodation shall be granted only if all of the following findings are made: 1. The subject housing will be used by an individual with a disability as defined under the Acts. 2. The requested accommodation is necessary to make specific housing available to an individual with a disability. 3. The requested accommodation would not impose an undue financial or administrative burden on the City. 4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law,including land use and zoning. 19.63.060 APPEALS The decision of the Director may be appealed to the Planning Commission, and a Planning Commission decision may be appealed to the Mayor and Common Council, pursuant to Chapter 19.52 Hearings and Appeals.