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HomeMy Public PortalAboutOrd. 1660ORDINANCE NO. 1660 AN ORDINANCE OF THE CITY OF LYNWOOD'S CITY COUNCIL APPROVING ZONING ORDINANCE AMENDMENT NO. 2013 -02 AMENDING ARTICLE 24 OF THE LYNWOOD MUNICIPAL CODE IN ORDER TO ADOPT REGULATIONS FOR REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACTS WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 12, 2013 conducted a public hearing and adopted Resolution No. 3314 recommending approval of Zoning Ordinance Amendment No. 2013 -02 to the City Council of the City of Lynwood; and WHEREAS, the City Council, pursuant to law, on April 16, 2013 conducted a public hearing and considered all pertinent testimony offered at the public hearing; and WHEREAS, Government Code Section 65583 requires the City of Lynwood to remove potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels and for persons with disabilities; and WHEREAS, the Federal Fair Housing Act, as amended in 1988, requires the City to provide reasonable accommodation to the City's rules, policies, practices, and procedures where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities; and WHEREAS, the City wishes to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act'and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests; and WHEREAS, the proposed Zoning Ordinance Amendment amending Article 24 of Chapter 25 relating to Inclusionary Zoning Regulations would establish regulations for the City to review requests for reasonable accommodations under the Acts and would bring the Zoning Ordinance and Housing Element into.compliance with State and Federal law; and WHEREAS, under the California Environmental Quality Act (CEQA), an Addendum to a certified Environmental Impact Report (EIR) or Negative Declaration (ND) is needed if minor technical changes or modifications to the proposed project occur (CEQA Guidelines Section 15164). An Addendum is appropriate only if these minor technical changes or modifications do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. The Addendum need not be circulated for public review (CEQA Guidelines Section 15164[c]); however, an Addendum is to be considered along with the decision making body prior to making a decision on the project (CEQA Guidelines Section 15164[d]); and WHEREAS, the Initial Study /Negative Declaration Addendum demonstrates that the environmental analysis, impacts, and mitigation measures identified in the 2006- 2014 Housing Element Initial Study remain substantively unchanged by the situation described herein, and supports the finding that the proposed implementation of the Programs described above do not raise any new issues and does not exceed the level of impacts identified in the IS /ND. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Lynwood's City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Section 2. The City of Lynwood's City Council hereby recommends that the City Council of the City of Lynwood approve the proposed ordinance attached hereto as Exhibit No. 2, amending Article 24 of Chapter 25 relating to Inclusionary Zoning Regulations. Section 3. If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Resolution, The Planning Commission hereby finds that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. Section 4. As part the City's adoption of the 2006 -2014 Housing Element, the City prepared and adopted a Negative Declaration, which analyzed all components and programs of the Housing Element including Program 1c requiring new regulations for Emergency, Transitional, and Supportive Housing to comply with Senate Bill 2 and the City will amend the existing Negative Declaration in order to reflect the completion of these regulations. Section 6. The City Clerk shall certify to the adoption of this Ordinance. First read at a regular meeting of the City Council held on the 16th °day of April, 2013 and adopted and ordered published at a regular meeting of said Council on the 7th day of May, 2013. PASSED, APPROVED, and ADOPTED this 7`h day of May, 2013. ATTEST: i Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Salva or Alatorre, Mayor APPROVED AS TO CONTENT: t5 Jon an Colin, Director DeV61opment Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 7th day of May, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAWBEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1660 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 7th day of May, 2013. aria Quinonez, ity Clerk Article 24 REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACTS SECTIONS: 25- 24 -12: Purpose 25- 24 -13: Applicability 25- 24 -14: Application Requirements 25- 24 -15: Review Authority 25- 24 -16: Findings and Decision 25- 24 -17: Appeal Determination 25 -24 -12 PURPOSE: The purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests. 25 -24 -13 APPLICABILITY: In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Chapter applies only to those persons who are defined as disabled under the Acts. Automobile garages and other accessory structures, detached or attached, shall not be converted or used for the purposes of reasonable accommodation housing. 25 -24 -14 APPLICATION REQUIREMENTS: A. Requests for reasonable accommodation, in a form approved by the Development Services Department, together with the appropriate fee, as established by resolution adopted by the City Council, and other required information, shall be filed with the Planning Division. B. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this Title (including but not limited to a conditional use permit, design review, variance, general plan amendment or zone change), the application shall be submitted and reviewed at the same time as the related applications. 25 -24 -15 APPROVAL PROCESS: A. Approval Authority: 1. Administrative Review - The Development Services Director or designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The Development Services Director or appointed designee may refer the matter to the Planning Commission, as appropriate. 2. Planning Commission Review - The Planning Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the zoning administrator or when a reasonable accommodation request includes any encroachment into the front yard setback area, results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested. B. Notice: No advance notice or public hearing is required for consideration of reasonable accommodation requests by the Development Services Director. Requests for reasonable accommodation subject to review by the Planning Commission shall require advance notice and a public hearing pursuant to the requirements of Article 100 of the Lynwood Municipal Code. C. Decision: The Development Services Director or an appointed`designee shall'render a decision or refer the matter to the Planning Commission within 30 days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in Section 25 -25.5. The decision shall be in writing and mailed to the applicant. If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the Development Services Director or an appointed designee, unless the reasonable accommodation request has been referred by the Development Services Director or an appointed designee to the Planning Commission for consideration. If the application for reasonable accommodation is referred to, or reviewed by, the Planning Commission, a decision to approve, approve with conditions, or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth in Section 25 -25 -5. 25 -24 -16 FINDINGS AND DECISION: A. Any decision on an application under this chapter shall be supported by, written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made: 1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts. 2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City. 4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning. 5. The requested reasonable accommodation would not adversely impact surrounding properties or uses. 6. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the City's applicable rules, standards and practices. B. In granting a request for reasonable accommodation, the reviewing authority 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. 25 -24 -17 APPEAL DETERMINATION: Any decision on an application under this chapter shall be subject to appeal pursuant to Section 25 -100.6 of the Lynwood Municipal Code.