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Ordinance Number 1031ORDINANCE NO. 1031 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, on November 3, 2015, the City adopted an ordinance establishing a 45-day moratorium on: the approval, issuance, or transfer of any use permit, variance, 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; WHEREAS, the 45-day moratorium has since expired and the City now desires to adopt this ordinance establishing a 12-month moratorium; 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 1 4/5/2016 amendments to the Municipal Code that may be adopted as a result of the study that the City intends to undertake; 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 12-month moratorium on: the approval, issuance, or transfer of any use permit, variance, 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 2 4/5/2016 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. (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: (i) grant the accommodation request, (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. 3 4/5/2016 (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 m_ade, 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. (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 4 4/5/2016 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 Sheriff's Department) relating to code-enforcement complaints, building and occupancy permits, repeat citations, medical-waste disposal, emergency procedures, and evacuation plans; (c) requests; accurate therapeutic information as it relates to potential accommodation (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 congregate living facilities on particular blocks or neighborhoods could create the institutionalizing effects that state and federal laws are designed to prevent; (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; U) 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, 5 4/5/2016 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 1 0. 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. PASSED, APPROVED, AND ADOPTED this 51h day of Ap ril, 2016. I '\ I I t t ATTEST:; \ 6 am atterson, Esq., Mayor City of San Juan Capistrano 4/5/2016 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. 1031 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 151h day of March 2016, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 5th day of April 2016, by the following vote, to wit: 'I AYES: cod NCIL MEMBERS: Allevato, Perry, Ferguson and Mayor Patterson NOES ~O~NCIL MEMBERS: None ABSENT: CO I!J NCIL MEMBERS: Reeve 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 16th day of March 2016, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: 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 ACCOMMODA\TION, TO ALLOW TIME FOR CONSIDERATION OF APPROPRIATE AMENDME S TO THE CITY MUNICIPAL CODE This document was posted in the Office of the City Gle · I MARIA ' 7 4/5/2016 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 141h day of April 2016, I caused to be posted a certified copy of Ordinance No. 1031, adopted by the City Council on April 5, 2016, entitled: 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 bF APPROPRIATE AMENDMENTS TO THE CITY MUNICIPAL CODE ·\ l I ; ; ' 8 f the City Clerk 4/5/2016