Loading...
HomeMy WebLinkAboutORD 03 (2010)ORDINANCE NO. 03(2010) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE ZONING REGULATIONS GOVERNING GROUP HOMES AND ADOPTING PROVISIONS FOR REASONABLE ACCOMMODTION The City Council does ordain as follows: Section 1. The definition of "residential care home" and "single-family dwelling" shall be repealed from the alphabetical list of definitions in Diamond Bar Municipal Code section 22.80.020. Section 2. The following definitions are added to the alphabetical list of definitions in Diamond Bar Municipal Code section 22.80.020 to read as follows: "Boarding or Rooming House" means a residence or dwelling unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. "Fair Housing Laws" means the "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604 (f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927 (c)(1) and 12955 (1), as any of these statutory provisions now exist or may be amended from time to time, and each Act's implementing regulations. "Family" means one or more persons living together as a single housekeeping unit in a dwelling unit. "Group homes" means all shared living arrangements where three or more persons are not living together as a single housekeeping unit. This classification includes without limitation Group Residential; Parolee -Probationer Homes; General, Small Licensed and Small Unlicensed Residential Care Facilities; and Sober Living Homes. "Group Residential" means shared living quarters, occupied by three or more persons not living together as a single housekeeping unit. This classification includes without limitation boarding or rooming houses, dormitories and senior citizen rest homes, but excludes residential care facilities (general, small licensed, and small unlicensed). "Individual with a disability," or "disabled person" as more specifically defined under the fair housing laws, means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment, but not including an individual's current, illegal use of a controlled substance. "Minor Reasonable Accommodation" means any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations of this Title, and which can be removed or terminated in ninety (90) days or less after the need for the reasonable accommodation ends. "Major Reasonable Accommodation" means any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, resulting in a deviation from the allowed uses and permit requirements of this Title, or a physical modification to the property which cannot be restored or terminated within ninety (90) days or less after the need for the reasonable accommodation ends. "Parolee -Probationer Home" means any residential structure or unit, whether owned and/or operated by an individual or a for-profit or nonprofit entity, which houses two or more parolees -probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee -probationer and/or any public or private entity or person on behalf of the parolee -probationer. A parolee -probationer includes: (1) any individual who has been convicted of a Federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a Federal Parole Officer; (2) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any Federal, State, or County Parole or Probation Officer. For the purposes of this section, "felony" means a felony as defined by any California or United States statute. "Residential Care Facilities, General" means any place, site or building, or groups of places, sites or buildings, licensed by the State or unlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding the licensee, members of the licensee's family, or persons employed as facility staff) is an individual with a disability. "Residential Care Facilities, Small Licensed" means State -licensed facilities that provide care, services, or treatment in a community residential setting for six or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes. Small licensed residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units. This term does not include child day care facilities or adult day care facilities as those terms are defined in the Diamond Bar Municipal Code. "Residential Care Facilities, Small Unlicensed" means any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. Any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, and houses recovering individuals recovering from alcohol or drug addiction shall meet the definition for Sober Living Homes or Alcohol and Drug Free Residential Recovery Homes below to be regulated as a Small Unlicensed Residential Care Facility. Failure of such facility to meet that definition means the facility shall be regulated as Group Residential. "Single-family residential" or "single-family dwelling" means a building or buildings containing one dwelling unit located on a single lot for occupancy by one family or single -housekeeping unit, and with one indoor kitchen, except as provided in Section 22.16.140. This classification includes mobile homes, manufactured homes and factory - built housing on permanent foundations. Dwellings with multiple self-contained living quarters with separate entrances designed to accommodate more than one family on the same lot, not including permissible second units and guest houses, are not included within this definition. "Single housekeeping unit" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. "Sober living home" or "Alcohol and drug free residential recovery home" means the use of a residential, dwelling structure or unit for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or alcohol and/or drug abuse who seek a living environment in which to remain clean and sober; and which demonstrates each of the following identifying characteristics that shall serve to distinguish the alcohol and drug free residential recovery home and sober living home, as a use of residential property, from similar land uses such as residential treatment facilities or community care facilities that are subject to state licensing requirements and from all other uses of residential property: I . All residents, including live-in managers, operators, or owners, are recovering from alcohol and/or drug abuse; 2. All residents actively participate in legitimate programs, including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) programs, and maintain current records of meeting attendance; 3. All owners, managers, operators, and residents observe and promote a "zero tolerance" policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision; 4. There is a written policy dealing with the use of drugs or alcohol; 5. Owners, operators, managers and residents do not provide on-site, nonmedical services including any of the following services as they are defined by Section 10501(a)(6) of Title 9,California Code of Regulations: a. detoxification; b. educational session; C. individual or group counseling sessions; d. treatment or recovery planning; 6. The number of residents subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3603.5, and does not violate the distance provisions set forth in Penal Code Section 3003; 7. Residents do not require non-medical care and/or supervision as those terms are defined at Health & Safety Code Section 11834.26 and Section 80001(c)(3) of Title 22 of the California Code of Regulations; 8. The operators and/or residents maintain current membership in a recognized nonprofit organization of sober living homes that provide a credible quality assurance service for applicants or members or have received a sober living home certification from the State of California Department of Alcohol and Drug Programs; and 9. Owners, managers, operators, and residents ensure that the property and its use comply with all applicable state and local laws. Section 3. The Residential Uses listed in Table 2-3 Allowed uses and Permit Requirements for Residential zoning districts of Section 22.08.030 and the explanatory Notes for Table 2-3 are hereby amended to read as follows: TABLE INSET: Permit Requirements by District Land Use (1) RR RL RLM RM RMH RH See Standards in Section: RESIDENTIAL USES L41 Duplexes P P P Guest house P P 22.42.060 Group Residential CUP CUP CUP 22.42.140 Home occupations P P P P P P 22.42.070 Manufactured housing units P P P P P P Mobile home parks CUP CUP CUP CUP CUP CUP Multifamily dwellings P P P Organizational houses Parolee -Probationer Homes CUP CUP CUP 22.24.140 Residential accessory uses and structures P P P P P P 22.42.110 r €eweElief4s— g- — Residential eafe homes,, 7 of more eliepAs — — — CUP - CUP CP - Residential Care Facilities, CUP CUP CUP General Residential Care Facilities, P — P — P — P — P P Small Licensed Residential Care Facilities, P — P — P — P — P — P Small Unlicensed Second units P P 22.42.120 Senior citizen housing P P P P P P Single-family dwellings or single-family residential P P P P P P NOTES (4) The land use category for a Group Home shall be determined based upon the predominant operating characteristics of the use. Only one land use category all be applied to a use at a time. Section 4. A new Section 22.42.140 Group Homes added to Title 22 of the Diamond Bar Municipal Code to read as follows: 22.42.140 Group Homes (a) Group Homes 1. Purpose. The intent and purpose of regulating Group Homes is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. 2. Additional Application Filing Requirements. The application for a Group Home for which a CUP under Section 22.08.030 is required shall include the following additional information: A. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.); B. Maximum number of occupants and hours of facility operation; C. Term of occupant stay; D. Support services to be provided on-site and projected staffing levels; and E. Rules of conduct and/or management plan. Operation and Development Standards for Group Residential a. Sufficient on-site parking shall be provided as required in this Title. The precise number of parking spaces required will be determined based on the operating characteristics of a specific proposal. b. Both indoor and outdoor common areas shall be provided on site. c. The facility shall provide no more than 15 beds and shall serve no more than 15 persons at any one time. d. The facility may provide one or more of the following common facilities for the exclusive use by residents: i. Central cooking and dining area(s) ii. Recreation room iii. Laundry facilities e. A Group Residential facility shall not be located within 1320 feet of any other Group Home. - 4. Location Standards for Parolee and Probationer Homes a. To avoid over -concentration of Parolee -Probationer homes, there shall be a 10,000 foot separation requirement between parolee/probationer homes as measured from the nearest outside building walls between the subject use and any other parolee/probationer housing. There shall be no more than two Conditional Use Permits issued for Parolee -Probationer homes issued at one time. b. A Parolee -Probationer Home shall not be located within 1320 feet of any other Group Home, a public or private school (pre- school through twelfth grade), university, college, child day care home and center, public park, library, bar, cocktail lounge, tavern or business licensed for off-site sales of alcoholic beverages as measured from any point on the outside walls of the parolee/probationer housing to the nearest property line of the noted use. Operation and Development Standards for Parolee and Probatiorer Homes a. Sufficient on-site parking shall be provided in accordance with this Title. The precise number of parking spaces required will be determined based on the operating characteristics of the specific proposal. b. Both indoor and outdoor common areas shall be provided on site. c. On-site staff supervision shall be required during all hours of facility operation. d. Individual client stays shall not exceed 180 days. e. The facility's management shall participate in any formal residential crime prevention program (e.g., Crime Free Multi - Housing Program) provided by the City and as required under the CUP. If the program offers certification then that certification shall be obtained and maintained in current status. f. All property owners within 1,000 feet of the proposed facility, as measured from the subject property lines, shall be notified of the proposed CUP. g. An existing Parolee -Probationer Home established pursuant to any permit discontinued for any period of time is deemed abandoned. Any subsequent establishment of Parolee - Probationer Home shall be required to first obtain a new Conditional Use Permit. Section 5. Existing Facilities All Group Homes in existence prior to April 1, 2010 shall be -in full compliance with the -- requirements of this ordinance within one year after the date of adoption of this Ordinance. It is the burden of the Group Home owner, operator or occupants to demonstrate existence prior to April 1, 2010. An owner of such an existing group home may request that the City Council grant a time extension of up to six months beyond the required compliance deadline. Requests shall be in writing, including written documentation of the reason for the deadline, and shall be filed with the Director of Community Development prior to the deadline date for compliance. The City Council may grant an extension to the amortization period if the following findings are made: 1. The amortization period as applied to the applicant is legally unreasonable due to special facts or circumstances; 2. The extension of time granted is the minimum amount of time necessary to assure that the amortization period is reasonable; and 3. The extension of the amortization period will not have a significant adverse effect on the public health, safety or welfare. In determining whether the period of amortization is reasonable as applied to an individual applicant, the City shall consider all relevant factors including, but not limited to, such factors as the length of the amortization period, the extent of the nonconformity, the amount of the investment in the use, length and remaining term of any lease under which nonconforming use is maintained, and harm to the public if the use remains in existence beyond the amortization period. The filing of such a request shall stay further action under this Ordinance until a final decision by the Council is made. The Director is directed to provide written notice to all establishments in existence on the adoption date of this Ordinance, notifying each of the adoption of this Ordinance, the -- requirements herein, and the schedule for compliance. Section 6 A new Section 22.02.060 Reasonable Accommodation is added to Title 22 of the Diamond Bar Municipal Code to read as follows: Section 22.02.060 Reasonable Accommodation. (A) The purpose of this section is to establish the process for disabled persons to request reasonable accommodation in the application of the City's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the City. (B) Process for requesting reasonable accommodation. 1. A completed application form and the required fee provided by the Community Development Department. (a) A description of how the property will be used by the disabled individual(s); (b) The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence; (c) A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City; (d) Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested. (C) Decision on application. 1. The Director shall consider an application for a minor reasonable accommodation. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request with or without nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers a major reasonable accommodation. The Director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. 2. The Planning Commission shall consider an application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the Director. The Planning Commission shall (1) grant the accommodation request with or without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the Planning Commission meeting shall be made in writing, 10 days prior to the meeting and mailed to the applicant and property owners who are located immediately adjacent to the subject property. The Commission may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant 3. If necessary to reach a determination on any request for reasonable accommodation, the Director may request further information from the applicant consistent with this Chapter, specifying in detail what information is required. In the event a request for further information is made, the 30 day period to issue a written determination shall be stayed until the applicant reasonably responds to the request. (a) The Director, Planning Commission or City Council shall approve the request for a reasonable accommodation subject to the following findings: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Ilousing 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, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration of the nature of the City's zoning or building laws, and policies and procedures, as "fundamental alteration" is defined in fair housing laws and interpretive case law. (b). Factors. In making a decision regarding the reasonableness of the requested accommodation, the following factors may be considered: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility or sober living home or similar group home for the disabled, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 4. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 5. Whether the accommodation would result in a substantial increase in traffic or insufficient parking; 6. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan; 7. In the case of a residential care facility or sober living home or similar group home for the disabled , whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 4. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Chapter. 5. That the reasonable accommodation shall only be applicable to the particular individual(s) or property. (D) Appeals. 1. The Director's decision on a minor reasonable accommodation may be appealed to the Planning Commission within 10 days of the date the City issues the written determination. (a) The appellant shall pay an appeal fee as established by resolution of the City Council. (b) The Planning Commission shall conduct a duly noticed public hearing as described within this Title prior to taking action on the appeal. (c) The appeal shall be filed with a written statement of the basis for the appeal, and shall state all facts and arguments known to support the claim. 2. The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions in Chapter 22.74. (E) Waiver of time periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants 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. PASSED, APPROVED AND ADOPTED this 18th day of May , 2010. Carol Herrera, Mayor I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the qday of May , 2010, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the II 8thlay of May , 2010, by the following vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None �L-d4g- Toirnnye Cribbins, City Clerk*