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HomeMy WebLinkAboutMC-1354 Adopted: July 5, 2011 Effective: August 4, 2011 2 ORDINANCE NO. MC-1354 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) BY MODIFYING DEFINITIONS IN SECTION 19.02.050 AND PARKING STANDARDS IN SECTION 19.24.040 AND ADDING CHAPTER 19.63 TO ESTABLISH A PROCEDURE FOR REQUESTING REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES. 3 4 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 of the Municipal Code by Ordinance MC-789 on June 3, 1991; and WHEREAS, the California Department of Housing and Community Development (HCD) has reviewed the 2011 Draft Housing Element of the City of San Bernardino General Plan; and WHEREAS, HCD has requested amendments of the City's Development Code to bring the 8 9 10 11 12 Development Code into compliance with State fair housing laws and to remove governmental constraints on housing development; and WHEREAS, one of the strategies for improving equal housing opportunities in the 2011 Draft Housing Element is a program to amend the Development Code by adding a procedure for persons with disabilities to request reasonable accommodation under land use, zoning and building regulations; and 13 14 15 16 17 WHEREAS, amendment of Sections 19.02.050 and 19.24.040 and adding Chapter 19.63 ofthe Development Code will facilitate HCD certification of the 2011 Draft Housing Element; and WHEREAS on May 25, 2011, the Planning Commission of the City of San Bernardino held a noticed public hearing to consider public testimony and a staff report recommending the proposed ordinance as an amendment to the City Development Code, and recommended that the Mayor and Common Council adopt the ordinance as proposed; and WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of the proposed Ordinance was published in The Sun newspaper on June 10,2011; 18 19 20 21 22 23 24 25 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 26 27 28 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and hereby adopts and incorporates them herein. KC-1354 SECTION 2. Findings of Fact. 2 3 4 5 6 7 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 needs in the City of San Bernardino, consistent with the following General Plan policies: Policv 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 umeasonably impede the preservation and conservation of existing affordable housing." Policy 3.6.3: "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." 8 9 10 II 12 \3 14 \5 16 17 18 \9 20 2\ 22 23 24 25 26 27 B. The Ordinance amending the Development Code will 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 2011 Housing Element of the General Plan, and would implement proposed Housing Element programs. Adoption of the proposed amendments would 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. 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: 19.02.050 DEFINITIONS Family. 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. 28 2 MC-1354 2 SECTION 4. San Bernardino Municipal Code (Development Code) Section 19.24.040, Number of Parking Spaces Required, is hereby amended to change the parking requirement for studio apartments to one space per unit. 3 4 5 SECTION 5. San Bernardino Municipal Code (Development Code) Chapter 19.63, Reasonable Accommodation, is hereby added to read as shown on Exhibit A, attached hereto and incorporated herein by reference. 6 7 8 9 10 SECTION 6. Compliance with the California Environmental Ouality Act: 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 Sections 19.02.050 and 19.24.040 of the Development Code, and that (a) the Initial Study and Negative Declaration, prepared for the 20 II Draft Housing Element and associated Development Code amendments were prepared in compliance with the California Environmental Quality Act; (b) that there is no substantial evidence that the proposed Development Code amendments would have a significant effect on the environment; and (c) the Negative Declaration reflects the independent review, analysis and judgment of the Mayor and Common Council. 11 12 13 14 15 16 17 18 19 20 B. The Mayor and Common Council finds that the proposed amendment to the Development Code to add Chapter 19.63, Reasonable Accommodation, is exempt from the California Environmental Quality Act (CEQA) pursuant to Section I 5061 (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. 21 22 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 23 24 25 26 27 28 III 3 MC-1354 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) BY MODIFYING DEFINITIONS IN SECTION 19.02.050 AND PARKING STANDARDS IN SECTION 19.24.040 AND ADDING CHAPTER 19.63 TO ESTABLISH A PROCEDURE FOR REQUESTING REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES. 3 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th day 6 7 of July 8 Council Members: 9 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 , 2011, by the following vote to wit: ABSENT ABSTAIN NAYS AYES x x x x x x 19 ~h.~, Rac el Clark, CIty Clerk The foregoing Ordinance is hereby approved this c;,-::c:D- day of July , 2011. 20 21 22 23 24 FREDERIC E. SH ETT, Mayor Pro Tern City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN City Attorney 27 28 4 MC-1354 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 V.S.C. 993601-3619) and the California Fair Employment and Housing Act (Govt. Code 9912900-12996). 2. Individual with a Disabilitv - 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 I. Approval Authoritv - 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. Aoolication 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. MC-1354 19.63.050 FINDINGS A request for reasonable accommodation shall be granted only if all of the following findings are made: I. 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.