2019-15 Amend Title 30 Reasonable Accommodation Procedures for Fair Housing Laws ORDINANCE 2019-15
AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO TITLE 30
(ZONING) OF THE ENCINITAS MUNICIPAL CODE, THE CARDIFF-BY-THE-SEA SPECIFIC
PLAN, THE DOWNTOWN ENCINITAS SPECIFIC PLAN, THE ENCINITAS RANCH SPECIFIC
PLAN, AND LOCAL COASTAL PLAN, TO INCLUDE REASONABLE ACCOMMODATION
PROCEDURES TO COMPLY WITH FAIR HOUSING LAWS.
The City Council of the City of Encinitas does hereby find and declares as follows:
WHEREAS, California Government Code § 65583(c)(3) requires that all jurisdictions
remove constraints and provide reasonable accommodations in accordance with federal and
state fair housing law which provides provisions for persons seeking fair access to housing in
the application of the city's zoning laws. and development standards to reasonably
accommodate persons with disabilities;
WHEREAS, the 2013-2021 Housing Element approved by the City Council on March 13,
2018 contains Housing Element Program 5A, which provides that the City will amend its Zoning
Code to include reasonable accommodation procedures to comply with fair housing laws;
WHEREAS, the City finds that the proposed amendments to the City's Municipal Code
and Specific Plans, are exempt from environmental review pursuant to General Rule, Section
15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be
no possibility of a significant effect on the environment. The proposed amendments add
definitions and procedures for processing reasonable accommodation requests,in areas of the
City that are already zoned to permit residential uses. In addition, the adoption of the proposed
amendments implements policies in the Housing Element of the City's General Plan, which are
required to be adopted to conform with state law. Therefore, the amendments do not involve
differences in the physical design, development, or construction of residential or nonresidential
structures, any increases in density, any changes to development standards such as setbacks
or height, or any modifications to land resulting in changes to the physical environment that are
meaningfully different than what is permitted under the City's current zoning. Accordingly, there
is no possibility that the amendments would have a significant effect on the environment. The
policies were also determined to have no environmental impact in the Environmental
Assessment/Program Environmental Impact Report (SCH #2015041044) ) certified by the City
on June 15, 2016 and in the Environmental Assessment prepared under Government Code
Section 65759(a) and adopted on June 20, 2018. No further impacts will be created by the
adoption of the proposed zoning amendments; hence the program EIR adequately describes
these zoning amendments for the purposes of CEQA;
WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments
(LCPA) was issued which opened a six-week public review period that ran from August 22,
2019 and concluded on October 3, 2019;
WHEREAS, the proposed Local Coastal Program Amendment meets the requirements
of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict
with any coastal zone regulations or policies with which future development must comply;
WHEREAS, the Planning Commission conducted a Public Hearing on September 5,
2019 for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code,
the Cardiff-By-The-Sea Specific Plan, the Downtown Encinitas Specific Plan, the Encinitas
Ranch Specific Plan, and the North 101 Corridor Specific Plan and considered public testimony
and made a recommendation to the City Council to adopt the proposed amendments;
WHEREAS, the Planning Commission adopted Planning Commission Resolution No.
PC-2019-28, on file with the Office of the City Clerk and incorporated by this reference,
recommending approval with modifications of said Ordinance;
WHEREAS, the City Council conducted a Public Hearing on October 23, 2019 for the
purpose of considering amendments to Title 30 of the Encinitas Municipal Code, the Cardiff-By-
The-Sea Specific Plan, the Downtown Encinitas Specific Plan, the Encinitas Ranch Specific
Plan, and the Local Coastal Plan;
WHEREAS, the City Council has duly considered the totality of the record and all
evidence submitted into the record, including public testimony and the evaluation and
recommendations by staff, presented at said hearing;
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law;
WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a
manner in full conformance with the California Coastal Act of 1976 and the Development
Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal
Program Amendment to the California Coastal Commission for their review and adoption.
WHEREAS, based on the totality of the record and evidence described and referenced
in this Ordinance, the City Council finds that the proposed text amendments are consistent with
the purposes of the General Plan, Municipal Code, and adopted Local Coastal Program in that
the amendments support a variety of objectives including increasing housing choice by
accommodating a variety of housing types to meet the needs of all Encinitas residents and
adopting State mandated and locally desired programs to implement the Housing Element
effectively.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains
as follows:
SECTION ONE: SECTION 30.04.010 (DEFINITIONS) OF TITLE 30, ZONING
Chapter 30.04, Definitions of Title 30 of the Encinitas Municipal Code is hereby
amended by adding a definition for Reasonable Accommodations, and shall be integrated into
the existing Section in alphabetical order, to read as follows (underline is used to denote new
text being added):
REASONABLE ACCOMMODATIONS. The purpose of reasonable accommodations is to
provide provisions in accordance with federal and state fair housing laws (42 USCS § 3600 et
seq. and Government Code § 12900 et seq.) for persons with disabilities seeking fair access to
housing in the application of the city's zoning laws. The term "disability" as used in this article
shall have the same meaning as the terms "disability" and "handicapped" as defined in the
federal and state fair housing laws.
SECTION TWO: CHAPTER 30.86 (REASONABLE ACCOMMODATION) OF TITLE 30,
ZONING
Chapter 30.86 (Reasonable Accommodation) is hereby added to Title 30, Zoning of the
Encinitas Municipal Code to read as follows (underline is used to denote new text being added):
Chapter 30.86 Reasonable a e
30.86.010 Purpose.
The purpose of reasonable accommodations is to provide provisions in accordance with federal
and state fair housing laws (42 USCS § 3600 et seq. and Government Code § 12900 et seg.),
together referred to as "Fair Housing Laws" for persons with disabilities seeking fair access to
housing in the application of the city's zoning laws. The term "disability" as used in this article
shall have the same meaning as the terms "disability" and "handicapped" as defined in the Fair
Housing Laws, as may be amended from time to time. The purpose of this article is to establish
the procedure by which a person may request reasonable accommodation, how the request is
to be processed, and findings to be made that ensure a requested accommodation, if granted is
necessary and reasonable.
30.86.020 Applicability,
A. A request for reasonable accommodation may be made by any individual with a
disability, his or her representative, or a developer or provider of housing for individuals with
disabilities, when the application of a land use, zoning or building regulation, policy, practice
or procedure acts as a barrier to housing opportunities.
B. A request for reasonable accommodation may include a modification or exception to the
rules, standards, development and use of housing-related facilities that would eliminate
regulatory barriers and provide a person with a disability equal opportunity to the housing of
their choice.
C. A request for reasonable accommodation in regulations, policies, practices and
procedures may be filed at any time that the accommodation may be necessary to ensure
equal access to housing. A reasonable accommodation does not affect the obligations of an
individual or a developer of housing for an individual with disabilities to comply with other
applicable regulations not at issue in the requested accommodation.
D. Requests for reasonable accommodation shall be made in the manner prescribed by
subsection 30.86.030.
E. If a request for reasonable accommodation is granted, the request shall be granted to an
individual and shall not run with the land unless it is determined that (1) the modification is
Physically integrated into the residential structure and cannot easily be removed or altered to
comply with applicable city or state codes, or (2) the accommodation is to be used by
another individual with a disability.
F. Nothing in this ordinance shall require the city to waive or reduce development or
building fees associated with the granting of a reasonable accommodation request.
30.86.030 Request for reasonable accommodation.
A. Application for a request for reasonable accommodation shall be made in writing on a
form provided by the Development Services Department. The form shall be signed by the
property owner or authorized agent. The application shall state the circumstances and
conditions relied upon as grounds for the application and shall be accompanied by adequate
plans and all other materials as specified by the Development Services Director, or
designee. The application shall include the zoning, land use and/or building code provision,
regulation, policy or practice from which modification or exception for reasonable
accommodation is being requested including an explanation of how application of the
existing zoning land use or building code provision regulation policy or practice would
preclude the provision of reasonable accommodation, along with documentation that
demonstrates the reason that the requested accommodation may be necessary for the
individual(s) with the disability to use and enioy the dwelling.
B. Any information identified by an applicant as confidential shall be retained in a manner
so as to respect the privacy rights of the applicant and shall not be made available for public
inspection.
30.86.040 Review authority and procedure.
A. Within 60 days of receipt of a completed application, the Development Services Director,
or designee, shall issue a written determination to approve, conditionally approve, or deny a
request for reasonable accommodation, and the modification or revocation thereof in
compliance with this chapter. The request shall be processed independently of any other
required development permits. However, approval of a reasonable accommodation may be
conditioned upon approval of other related permits.
B. The filing of an application for request for reasonable accommodation shall not require
public notice.
C. If necessary to reach a determination on the request for reasonable accommodation. the
Development Services Director, or designee, may request:
1. Further information from the applicant consistent with Fair Housing Laws, specifying
in detail the information that is required.
2. Information from other city departments and divisions or other agencies.
3. Conditions may be imposed to ensure that any removable structures or physical
design features that are constructed or installed in association with the reasonable
accommodation be removed once those structures or physical design features are
unnecessary to provide access to the dwelling unit for the current occupants.
30.86.050 Findings.
A. The written decision to grant or deny a request for reasonable accommodation will be
consistent with the Fair Housing Laws and shall be based on consideration of the
following factors:
1. The housing, which is the subject of the request for reasonable accommodation, will
be occupied by an individual, or individuals, with a disability protected under Fair
Housing Laws;
2. The requested accommodation is necessary to make specific housing available
and/or accessible to an individual with a disability protected under the Fair Housing
Laws;
3. The requested accommodation would not impose an undue financial or
administrative burden on the City; and-
4. The requested accommodation would not require a fundamental alteration in the
nature of the city's land use and zoning and building regulations policies practices
and procedures, and for housing in the coastal zone, the city's local coastal program.
B. In granting a request for reasonable accommodation, the Development Services
Director, or designee, may impose any conditions of approval deemed reasonable and
necessary to ensure that the reasonable accommodation would comply with the findings
required by subsection A, above.
C. In accordance with 2.28.090, all decisions of the Director of Development Services are
to be posted at City Hall and shall become final 15 days thereafter unless a timely
appeal is filed to the City Council.
30.86.060 Appeals.
Any appeal to reasonable accommodation request denial or conditional approval shall be heard
with, and subiect to, the notice, review, approval, and appeal procedures prescribed in Chapters
1.12 and 2.28 of the Municipal Code provided that, notwithstanding any other provision to the
contrary, the standard of review on appeal shall net be de nova and the City Geunc4 shall
deteffneRe whether the finddings made by the OffiFeGter are s in ofterd bV ubstan}ial evedeRGe
presented d urinq the ey* deRtmary heaFin- The City Council, acting as the appellate body, may
sustain, reverse or modify the decision of the Director or remand the matter for further
consideration based on the findings required by subsection 30.86.050.A. whoGh Fernand sha
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30.86.070 Fees.
No application fee is required.
SECTION THREE: SECTION 3.2 (USE AND DEVELOPMENT STANDARDS) OF THE
CARDIFF-BY-THE-SEA SPECIFIC PLAN
Section 3.2 Use and Development Standards of the Cardiff-by-the-Sea Specific Plan
shall be hereby amended by adding Reasonable Accommodation regulations and renumber the
subsequent sections accordingly, to read as follows (sdr�ut is used to denote existing text
being deleted; underline is used to denote new text being added):
3.2.4 Reasonable Accommodation
Chapter 30.86 (Reasonable Accommodation) of Title 30 of the Municipal Code shall be
incorporated by reference into the Cardiff-by-the-Sea Specific Plan. (Ord. 2019-15)
3.2.43.2.5 Planning Areas and Zones
3-.2-.5 3.2.6 Zones and Development Standards
SECTION FOUR. SECTION 3.2 (DEVELOPMENT STANDARDS) OF DOWNTOWN
ENCINITAS SPECIFIC PLAN
Sections 3.2.D.d. of the Downtown Encinitas Specific Plan is hereby amended by adding
Chapter 30.86 (Reasonable Accommodation) of the Encinitas Municipal Code by reference to
Zones and Development Standards, to read as follows (underline is used to denote new text
being added):
3.2 Development Standards
D. Zones and Development Standards
d. The following Chapter(s) of Title 30 of the Encinitas Municipal Code are
incorporated by reference in the Downtown Encinitas Specific Plan:
Chapter 30.86, Reasonable Accommodations. (Ord. 2019-15)
SECTION FIVE: CHAPTER 6.0 (ENCINITAS RANCH ZONING ORDINANCE) OF ENCINITAS
RANCH SPECIFIC PLAN
Section 6.05 Overview of the Encinitas Ranch Specific Plan is hereby amended by
adding reference to Chapter 30.86 Reasonable Accommodation to list to be integrated into this
Section in sequential order, and shall include modifications to the endnote, to read as follows
(underline is used to denote new text being added):
6.05 OVERVIEW
To prevent unnecessary redundancy between the Encinitas Ranch and the City of Encinitas
Municipal Code, the following chapters and sections in Title 30, as adopted and subsequently
amended by the City of Encinitas, are incorporated in their entirety by reference into the
Encinitas Ranch Zoning Ordinance, unless otherwise amended or qualified within Section 6.0 of
this document:
Chapter 30.86— Reasonable Accommodations
List amended 8123195 (Reso. 95-91), 3118198 (Reso. 98-17), and 2113102 (Ord. 2002-02), and
XX/XX/XX(Ord. 2019-15).
SECTION SIX. SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed and adopted this Ordinance, and each and all provisions hereof,
irrespective of the fact that one or more provisions may be declared invalid.
SECTION SEVEN. PUBLIC NOTICE AND EFFECTIVE DATE
The City Clerk is directed to prepare and have published a summary of the ordinance no
less than five days prior to consideration of its adoption, and again within 15 days following
adoption, indicating the votes cast. This Ordinance will become effective following certification
by the California Coastal Commission as being consistent with the Local Coastal Program for
the City of Encinitas and California Coastal Act.
SECTION EIGHT. INTRODUCTION
This Ordinance was introduced on October 23, 2019.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on
the 2011 day of November, 2019.
Catherine S. Blakespear, Mayor
ATTEST:
Kathy H Ilywo d, City Clerk
APPROVED AS TO FORM
Leslie E. Devaney, City Att ney
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby
certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at
a meeting of the City Council on the 23rd day of October, 2019 and that thereafter the said
ordinance was duly and regularly adopted at a meeting of the City Council on the 20th day of
November, 2019 by the following vote, to wit:
Ayes: Blakespear, Hinze, Hubbard, Kranz, Mosca
Nays: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Encinitas, California, this J-7 day of November, 2019.
r'
Kathy:Hollyviwood,,City,rierk