Ordinance Number 1026 ORDINANCE NO. 1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IMPOSING A TEMPORARY
MORATORIUM ON THE PERMITTING OR ESTABLISHMENT IN
RESIDENTIAL ZONES OF CONGREGATE LIVING FACILITIES,
SUBJECT TO REASONABLE ACCOMMODATION, TO ALLOW TIME
FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE
CITY MUNICIPAL CODE
WHEREAS, over the last few months, the City has received an increasingly large
number of complaints relating to neighborhood nuisances such as excessive noise,
unauthorized construction, invasions of privacy, second-hand tobacco smoke, poor
property maintenance, trash and debris, and nuisance parking;
WHEREAS, City investigation and follow-up on these complaints has revealed
that a large portion of these impacts coincide with a proliferation of congregate living
arrangement (i.e., single family residences being rented to multiple occupants, under
separate lease agreements);
WHEREAS, City investigation has also revealed discrepancies in information
submitted to state regulatory agencies relating to construction and occupancy of some
of these facilities;
WHEREAS, City investigations have also raised concern over the welfare and
safety of the residents of these facilities;
WHEREAS, existing zoning regulations do not adequately address the
establishment of congregate living facilities;
WHEREAS, this ordinance is necessary to provide the City staff time to study
and assess various approaches to regulating the subject land uses and to present
recommendations to the City Council. Recommendations may include amendments to
the City's Municipal Code addressing establishment of congregate living facilities and
complying with State law and including appropriate review procedures;
WHEREAS, without this moratorium ordinance, such transitory residential uses
could possibly locate in close proximity to each other, so as to create an
overconcentration of such uses and so further threaten the health, safety, and welfare of
facility residents of the facilities and their neighbors;
WHEREAS, as a consequence, there is a current and immediate threat to the
public health, safety and welfare if permits or entitlements for congregate living facilities
are issued, and such permits or entitlements could result in land uses and
developments that conflict with amendments to the Municipal Code that may be
adopted as a result of the study that the City intends to undertake;
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01026
WHEREAS, the adoption and immediate enactment of this ordinance is
necessary for the preservation of the public health, safety, and welfare to prevent
establishment of new uses and the expansion or modification of existing uses at
locations that might conflict with and be inconsistent with the intended amendment to
the Municipal Code;
WHEREAS, minimizing incompatibility of land uses promotes orderly
development, which is necessary to encourage quality neighborhoods; and
WHEREAS, this is a matter of importance to the entire City of San Juan
Capistrano and is not directed at any particular property.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano,
California, hereby ordains as follows:
Section 1. The recitals above are each incorporated here by reference and adopted
as findings of the City Council.
Section 2. For purposes of this ordinance, the following terms and definitions are
used:
(a) Congregate living facility means a residence or dwelling wherein
two (2) or more rooms, with or without individual or group cooking facilities, are
rented to individuals under separate rental agreements or leases, either written
or oral, whether or not an owner, agent or rental manager is in residence. Such
facilities do not include hotels, motels or state licensed residential care facilities
when such residential care facilities are serving six (6) or fewer residents.
Further, such facilities do not include a residence or dwelling that is operated as
a single housekeeping unit.
(b) Single housekeeping unit means that the occupants of a dwelling
unit have established ties and familiarity with each other, jointly use common
areas, interact with each other, share meals, household activities, and expenses
and responsibilities. Membership in the single housekeeping unit is fairly stable
as opposed to transient; members have some control over who becomes a
member of the household, and the residential activities of the household are
conducted on a nonprofit basis. Additional indicia that a household is not
operating as a single housekeeping unit include but are not limited to: the
occupants do not share a lease agreement or ownership of the property;
members of the household have separate, private entrances from other
members; members of the household have locks on their bedroom doors;
members of the household have separate food storage facilities, such as
separate refrigerators.
Section 3. Notwithstanding anything to the contrary in existing City law, including but
not limited to the Municipal Code and the City General Plan, this ordinance establishes
a 45-day moratorium on: the approval, issuance, or transfer of any use permit, variance,
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building permit, business license, or other applicable entitlement for the establishment
or operation of a new congregate living facility in the City, as well as the expansion or
modification of existing establishments.
Section 4. Nevertheless, the City may continue to accept and process applications
for uses prohibited by this moratorium if so required by state law. Any application
received and processed during the moratorium shall be processed at the applicant's
sole cost and risk with the understanding that no permit for a congregate living facility
may issue while this moratorium or any extension of it is in effect.
Section 5. In compliance with fair housing laws, it is the City's policy to provide
reasonable accommodation in the application of this ordinance to any disabled person
who seeks access to fair housing. The purpose of this Section is to provide disabled
individuals with reasonable accommodation in the application of this ordinance, as
necessary to ensure equal access to housing and comply with applicable fair housing
laws. The words used in this Section 5 shall have the meanings ascribed to them in the
federal Fair Housing Act and Americans with Disabilities Act.
(a) Requesting Reasonable Accommodation.
(1) To make specific housing available to a disabled individual,
a disabled person or representative may request reasonable accommodation
! under this Section, relating to the application of this ordinance.
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(2) If an individual or representative needs assistance in making
a request for reasonable accommodation, or in appealing a determination
regarding reasonable accommodation, the planning division will assist as
necessary to ensure that the process is accessible to the applicant or
representative. The applicant may be represented at all stages of the proceeding
by a person designated by the applicant as his or her representative.
(3) A request for reasonable accommodation in the application
of this ordinance must be filed on an application form provided by the planning
division. It must be signed by the owner of the property and must describe
exactly what is being requested and why the requested accommodation is
necessary. All documentation that supports the request must be submitted with
the application. The housing unit for which accommodation is requested must be
the primary residence of the person for whom the request is made.
(b) Decision on Application for Reasonable Accommodation.
(1) The Planning Director shall have the authority to consider
and act on any application for a reasonable accommodation. The Director shall
issue a written determination within 30 days of the date of receipt of a completed
application and may:
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(i) grant the accommodation request,
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(ii) grant the accommodation request subject to specified
nondiscriminatory conditions, ;
(iii) deny the request, or
(iv) in the alternative, refer the application to the Planning
Commission, who shall render a decision on the application. An application may
not be referred directly to the City Council.
(2) If necessary to reach a determination on any request for
reasonable accommodation, the Planning Director or Planning Commission may
request additional information from the applicant consistent with this ordinance. If
such a request is made, the time period to issue a written determination is stayed
until the applicant reasonably responds to the request.
(3) If, based on all of the evidence presented to the Planning
Director or the Planning Commission, the findings required in this ordinance may
reasonably be made, the Planning Director or the Planning Commission, as
applicable, must grant the request for reasonable accommodation.
(4) A reasonable accommodation that is provided according to
this ordinance does not require the approval of any variance as to the reasonable
accommodation.
(5) The reasonable accommodation is subject to any reasonable
conditions imposed on the approval that are consistent with the purposes of this
ordinance to further fair housing. Such conditions may generally include, but are
not limited to, the following restrictions:
(i) That the reasonable accommodation only applies to a
particular disabled individual or individuals;
(ii) That the reasonable accommodation only applies to
the specific use for which application is made; or
(iii) That any change in use or circumstances that
negates the basis for the granting of the request renders the reasonable
accommodation null and void.
(c) Required Findings. The following findings must be made to approve
a request for reasonable accommodation:
(1) The housing that is the subject of the request for reasonable
accommodation will be occupied as the primary residence by an individual
protected under the fair housing laws.
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(2) The request for reasonable accommodation is necessary to
make specific housing available to one or more individuals protected under the
fair housing laws.
(3) The requested reasonable accommodation will not impose
an undue financial or administrative burden on the City.
(4) The requested accommodation will not require a
fundamental alteration of the City's zoning or building laws, policies, or
procedures.
(d) Waiver of Time Periods. The applicant may request additional time
beyond that provided for in this Section or may request a continuance regarding
the time for any decision or appeal to be made under this ordinance. Any
extension of time sought by the applicant shall not be considered delay on the
part of the City, shall not constitute failure by the City to provide for prompt
decisions on applications, and shall not be a violation of any required time period
set forth in this Section.
(e) Appeal of a Land Use Decision. The decision by the Planning
Director to approve or deny any request for reasonable accommodation may be
appealed by an interested party to the Planning Commission in accordance with
the City's Municipal Code.
Section 6. The City Council hereby directs the Planning Division to study and review
potential amendments to the City's Zoning Code related to congregate living facilities to
re-establish appropriate regulations that are compatible with intent of the City's
residential zones. The study should include, among other things,
(a) better coordination and expedition of information-sharing between the City
and state regulatory agencies in order to determine which homes require state licensing
and whether information provided to state licensing agencies is bona fide;
(b) means of sharing information among local regulatory agencies (the
Orange County Fire Authority, the Orange County Health Department, and the Orange
County Sheriffs Department) relating to code-enforcement complaints, building and
occupancy permits, repeat citations, medical-waste disposal, emergency procedures,
and evacuation plans;
(c) accurate therapeutic information as it relates to potential accommodation
requests;
(d) the approaches and successes of other municipalities in balancing
neighborhood interests with the interests of congregate living facilities;
(e) the potential that continued proliferation and over-concentration of
L congregate living facilities on particular blocks or neighborhoods could create the
institutionalizing effects that state and federal laws are designed to prevent;
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(f) different approaches to the regulation of secondhand tobacco smoke in
residential zones;
(g) noise, traffic, and parking impacts from congregate living facilities in
denser residential neighborhoods, especially those with smaller setbacks and limited
off-street parking;
(h) the rapidly developing body of caselaw relating to congregate living
facilities in residential zones;
(i) specific operational characteristics of some San Juan Capistrano facilities
that are apparently operating as aggregated commercial activities, inconsistent with the
intent of state and federal law favoring traditional single-family occupancies for
congregate living facility rehabilitation;
0) the application of the City's traditional business license and home
occupation ordinances to congregate living facilities.
Section 7. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act under California Code of Regulations, Title 14, Section
15060, subdivision (c)(2), because the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment nor under subdivision (c)(3)
because the activity has no potential for resulting in physical change to the environment,
directly or indirectly and so is not a project.
Section 8. If any provision of this ordinance or its application to any person or
circumstance is held invalid, such invalidity has no effect on other provisions or
applications of the ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable. The City
Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
Section 9. This Ordinance shall take effect and be in force thirty (30) days after its
passage.
Section 10. The Mayor shall sign this Ordinance, and the City Clerk shall attest to its
passage and adoption and, within 15 days following the date of adoption, publish notice
of it in a newspaper of general circulation in the City of San Juan Capistrano.
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LPASSED, APPROVED, AND ADOPTED this 3rtl day of November 2015,
Derek Reeve, Mayor T
City of San Juan Capistrano
{a E T:
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Cle
City S n n Cap is o
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
�— I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1026 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 20" day of October 2015, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the aro day of
NoyaMber 2015, by the following vote, to wit:
A ES: UNCIL MEMBERS: Ferguson, Perry, and Mayor pro tem Patterson
NOES UNCILVEMBERS: Allevato and Mayor Reeve
A SE T: NCIL ME ERS: None
MAR IS, CITY LE
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Cade section 36933(1) of
the State of California, on the 26'" day of October 2015, at least 5 days prior to the
adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IMPOSING A TEMPORARY MORATORIUM ON
THE PERMITTING OR ESTABLISHMENT IN RESIDENTIAL ZONES OF
CONGREGATE LIVING FACILITIES, SBJECT TO REASONABLE
ACCOMMODATION, TO ALLOW TIME ' ONSIDERATION OF
APPROPRIATE AMENDMENTS TO THE CITYICI AL CODE
This document was posted in the Office of the City Ile k
MARIAC CL
San Juan p tr o, Califor
I
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01026
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 51h day of November 2015, 1 caused to be posted a certified copy of Ordinance
No. 1026, adopted by the City Council on November 3, 2015, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IMPOSING A TEMPORARY MORATORIUM ON
THE PERMITTING OR ESTABLISHMENT IN RESIDENTIAL ZONES OF
CONGREGATE LIVING FACILITIES, SUBJECT TO REASONABLE
ACCOMMODATION, TOALLOW TIME F,O CONSIDERATION OF
APPROPRIATE AMENDMENTS TO THE CITY MU IP L CODE
This document was posted in the Office of the City Cler - 1
MARIAMOR_LS ICI
San Juan Capistrano, Califor 'a
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