Loading...
HomeMy WebLinkAboutORD NO 3194ORDINANCE NO. 3194 , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.51 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SENIOR CITIZEN ZONING. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 17.51 is hereby added to the Bakersfield Municipal Code to read as follows: Chapter 17.51 SC (SENIOR CITIZEN) ZONE Sections: 17.51.010 17.51.020 17.51.030 17.51.040 17.51.050 Purpose. Generally. Uses permitted. Restriction. Definitions. 17.51.010 Purpose. This chapter is enacted pursuant to the authority of the City as set forth in Section 12 of the Charter of the City of Bakersfield and is intended to facilitate establishment of new specially designed accessible housing for senior citizens and preservation of such housing as presently exists. 17.51.020 Generally. Land classified in R-i, R-S, R-2, R-3, R-4 and MH zones may also be classified as an SC (Senior Citizen) Zone and the restrictions set forth in this chapter shall apply, provided that the following findings are made with respect thereto: The land is developed or is to be developed with a housing development, with not less than 150 dwelling units, which has been or will be developed for and initially put to use as housing for senior citizens or has been substantially rehabilitated or renovated for and immediately afterwards put to use as housing for senior citizens. For developments commenced after July 1, 1986, the developers have obtained a public report as a senior citizen housing development under Section 11010.05 of the Business and Professions Code. 17.51.030 Uses permitted. The following uses are permitted in an SC (Senior Citizen Zone: A. Any use permitted in the R-i, R-S, R-2, R-3, MH zone in which the land is classified, subject to all of regulations applicable within such zone; R-4 or the B. Yard requirements shall be the same as the underly- ing zone; and C. Parking requirements shall be as set forth in Section 17.58.020. 17.51.040 Restriction. All occupied dwelling units within an $C (Senior Citizen) Zone must be occupied by at least one "qualifying resident" or "qualified permanent resident". No one other than a senior citizen or qualified per- manent resident may occupy a dwelling unit within an SC (Senior Citizen) Zone for over 60 days unless a senior citizen or quali- fied permanent resident occupies that dwelling at the same time. 17.51.050 Definitions. A. For purposes of this chapter, "senior citizen" and "qualifying resident" mean persons aged 55 or older. B. For the purposes of this chapter, "cohabitant" means persons who live together as husband and wife. C. For the purposes of this chapter, "housing develop- ment" means any residential development, whether detached single family residences, condominium residences, or otherwise. D. For purposes of this chapter, any person occupying a dwelling unit within a SC (Senior Citizen) Zone as of the date that zoning classification is applied to a specific development shall be deemed a "qualifying resident" for such period as he/she continuously occupies such dwelling. E. For the purposes of this chapter, nent resident" means a person who meets all of requirements: "qualified perma- the following Was residing with the qualifying resident .or senior citizen prior to the death, hospitalization, or other prolonged absence of, or the dissolution of marriage with, the qualifying resident. Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident. 3. Has an ownership interest in, or is in expectation of an ownership interest in, the dwelling unit within the housing development. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on December 14, 1988 , by the following vote: AYES: COUNCILMEMBERS: CHILDS, DeMr~NO SMITH3R~F',I~. PET~qSON McDERMOTT NOES: COUNCILMEMRE~S ~0~ ABSENT: COUNCILMEMBEBS: Rattv ABGTAINING: COUNCILMEMBERS; No~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED December 14, 1988 MAYOR of the City of ;ak~kW~ssfield APPROVED as to form: ~.~ITY AT~TDRNEY. ~o.~t~erCit~ _Qf Bakersfield AJS/LCM/meg 00RD 4 SCZONE. 1 12/07/88 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) ss. CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 21st day of December , 19 88 she posted on the Bulletin Board at City Hall, a the following: Ordinance No. 3194 City Council at a meeting held on the i4th full, true and correct copy of , passed by the Bakersfield day of December , 1988 , and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.51 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SENIOR CITIZEN ZONING. CAROL WILLIAMS CITY CLERK_ of the ~ity of Bakersfield DEPUTY--C'~ Cler~ ' ' NSAOPD STAFF REPORT p L;~NN ING COMMISSION Meeting of October 6, 1988 AGENDA ~ pRoJECT: An ordinance of the council adding Chapter 17.51 to the relating to Senior citizen of the city of Bakersfield Bakersfield Municipal code zoning- APPLICANT: city of Bakersfield LocATION: Land classified in the R-l, R-2, R-3, R-4, R-S and MH zones. pROJECT DESCRIPTION: The proposed ordinance is in response to the desire expressed by the Kern civic Association to preserve Kern city as a senior village- The zoning ordinance would restrict occupancy of the residences to seniors as defined in the ordinance- This issue arose last year and was referred to the planning Commission which in turn referred the matter to its zoning ordinance committee- The committee met with representatives of the Kern civic Association and other interested parties. The CC&RS governing Kern city require a super-majority approval prior to the imple- mentation of any change. The Kern civic Association has come to the city requesting that the City exercise its' police powers through the adoption o~ an ordinance that would provide age restrictive zoning that could be applied to Kern city. ENVIRONMENTAL SETTING: The proposed ordinance will apply to both owner and renter occu- pied units containing a minimum of 150 dwelling units in the R-S, R-l, R-2, R-3, R-4 and MH zoning Districts- The units must have been initially used as senior housing or substantially rehabill- tated for senior housing- aged 55 or · . . it limits of Bakersfield. If the same The 1980 Census documented 18,238 (17 percent) persons more residing within t~e C _~ o7 762 Dersons aged 55 or m~ ...... +~ 4s maintained, there ~t~ ~ ,~=rtment of Finance o~u~ 1, 1988) Current housing e units. Staff Report, PL/C, I0/6/S8 Senior citizen zonin~ (continued) page 2 If the proposed SC Zone is widely applied or concentrated in spe- cific large areas, it may effect the overall housing supply available for non--senior occupants and effect neighborhood serv- ices for schools, recreation and possible on-site facilities such aS parking. provisions in the ordinance such as maintaining on-site require- ments for the underlying base zone and allowing an SC designation only on units originally intended or substantially rehabilitated for senior housing should minimize impacts on facilities, serv- ices and housing supply. Additional suggested mitigation is to limit application of the SC Zone to 10 percent of the existing housing stock. PROJECT ANALYSIS: Age limits can be enacted without the need for specialized zoning, however it does require that the issue be addressed dur- ing the drafting of the conditions, Convenants and Restrictions (CC&R's) for a proposed development or that the project be con- structed under a specialized governmentsprogram designed to pro- mote the development of housing for seniors. In the case of Kern city, the cC&Rs have been found by the Kern civic Association to be inadequate for the purpose of preserving Kern City as a senior village- The proposed ordinance is a sub-. stitute for the legal process that will be required to amend the cC&RS. In addition, the city would be required to enforce the occupancy age restrictions rather than the Kern civic · . 't Attorney'S office, in a memorandum dated Association- The C1 y .~-^-~ w~n peterson, has recommended February 26, 1988 to Counc~zm~ed the Kern civio that if the ordinance was uo ~ .... r Association should be required to agree to bear all expenses incurred in defending or enforcing such zoning regulation. Also, in the event that the City does have to enforce the ordinance, the Attorney's office is recommending that the sentence "...and no dwelling unit may be continuously occupied by anyone under the age of 18 years" contained in Section 17.51.030 entitled Restric- tions be deleted from the ordinance. It is felt that the enforceability o~ the ordinance would be impaired if that state- ment was left in the ordinance. Section 51 2 of the california civil code prohibits aged-based· discrimination in the sale or rental of housing, however, Section 51.3 carves out an exception and allows age restrictive covenants on specially designed accessible housing for senior citizens. The proposed ordinance was drafted based on the information con- tained in Section 51.3 of the california civil Code. Therefore, the content of the ordinance must conform to the language con- tained in that section. Staff Report, PL/C, 10,/6/88 Senior citizen Zoning (continued Page 3 Staff has proceeded %!ith the drafting of the proposed ordinance as directed by the Council and the Zoning ordinance Committee. However, the concerns regarding the cost of enforcing the ordi- nance and the issue of substituting the city's police po%;ers for inadequate CC&R's that was expressed by the city Attorneys office is shared by staff. The ordinance does accomplish the intended purpose of providing age restrictive regulations that will restrict the age of occu- pants in Kern city. Therefore, staff is recommending approval of the proposed ordinance. The Commission may want to explore these issues further before making their recommendation. PUBLIC cONTACT: The proposed ordinance and Negative Declaration was posted, cir- culated and advertised for a 10-day review ending September 28, 1988. The main contact concerning this ordinance has been the Kern civic Association, however, staff has spoken with Mr. Pat Carrick of the law office of Byrum, Kimball, Carrick, Koontz and Crear who represent the Kern civic Association. Mr. Carrick supplied staff with the initial information and the initial request on behalf of the Kern civic Association that an ordinance be drafted to restrict the age of occupants in the residences of Kern city. Following that initial contact in letter form from Mr. Carrick, all other public contact has been %:ith the members of Kern City and the Board of Directors of the Kern civic Association. The Zoning ordinance Committee, as part of their consideration of this request, asked that staff conduct a survey to get a ready- ing from the property owners regarding the proposal to have the restrictive zoning applied to Kern city. Survey questionnaires were mailed to 1,043 property owners that were identified on the assessor's tax rolls. Of the 1,043 questionnaires that were sent out, 428 were returned with a response to the survey. An additional 100 survey forms were delivered to the Planning Department by one of the members of the Kern city civic Association on Tuesday, June 19. The questionnaire was mailed with a request that all responses ~e delivered to the City by July 8, 1988. Four hundred twenty-eig'ht questionnaires were returned by that date. The total surveys received, including those that were hand delivered, is 528. Four hundred and ninety-four respondents indicated that they would support a proposal to restrict the age of residents in Kern city. Staff Report, PL/C, 10/6/88 Senior citizen Zoning (continued) Page 4 T%:enty-four of the respondents indicated that they did not sup- port any proposal to restrict the age of residents in Kern city. Ten respondents offered comments on the issue only and did not indicate whether they %;ere in favor or against the proposal. Although there was an overwhelming response in favor of the pro- posed ordinance from those that responded to the survey, there was still approximately 50 percent of the property owners in Kern city that we have not heard from. FINDINGS: Staff recommends 1. the follo%;ing findings be made: That the designation of such zones will not signifi- cantly effect the supply of housing for non-seniors. 2. The proposed ordinance is consistent with the policies of the Bakersfield Metropolitan Area General Plan as it relates to housing opportunities. 3. The Negative Declaration is adequate to address antici- pated environmental impacts. The findings are based on the following facts: 1. After an initial environmental assessment, staff deter- mined the project would not have a significant adverse effect on the environment. A Negative Declaration was posted and advertised September 16, 1988. 2. Section 51.3 of the California civil Code makes an exception to the law that prohibits age-based housing discrimination by allowing age-restrictive covenants on housing for senior citizens. 3. Although restrictive covenants are usually contained in CC&R's zoning overlays have been used to provide addi- tional restrictions to base zoning. ~K~rn cit~Y wa~built and a~rtised as an adul~ communitY\ staff Report, PL/C, 10/6/88 Senior citizen Zoning (continued) Page 5 RECOMMENDED ACTION: 1. Motion to adopt resolution to approve the Negative Declaration and recommend same to the City Council. 2. Motion to approve the proposed ordinance adding Section 17.51 to the Bakersfield Municipal Code and recommend same to the city Council. p/srsc ORDINANCE NO. , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 17.51 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO SENIOR CITIZEN ZONING. BE IT ORDAINED by the Council of the City of Eakersfield as follows: SECTION 1. Chapter 17.51 is hereby added to Municipal Code to read as follows: the Bakersfield Chapter 17.51 SC (SENIOR CITIZEN) ZONE Sections: 17.51.010 17.51.020 17.51.030 17.51.040 Generally. Uses permitted. Restriction. Definitions. 17.51.010 Generally. Land classified in R-i, R-S, R-2, R-3, R-4 and MH zones may also be classified as an SC (Senior Citizen) Zone and the restrictions set forth in this chapter shall apply, provided that. the following findings are made with respect thereto: The land is developed or is to be developed with a housing development, with not less than 150 dwelling units, which has been or will be developed for and initially put to use as housing for senior citizens or has been substantially rehabilitated oz' renovated for and immediately afterwards put to use as housing for senior citizens. For developments commenced after July 1, 1986, the developers have obtained a public report as a senior citizen housing development under Section 11010.05 of the Business and Professions Code. 17.51.020 Uses permitted. The lollowing uses are Citizen Zone: A. Any use permitted MH zone in which the land is classified, regulations applicable within such zone; B. Yard requirements shall be ing zone; and C. Parking requirements Section 17.58.020. permitted in an SC (Senior in the R-i, R-S, R-2, R-3, R-4 or subject to all of the the same as the underly- shall be as set forth in 17.51.030 Restriction. All occupied dwelling units within an SC (Senior citizen) Zone must be occupied by at least one "qualifying resident" or "qualified permanent resident". No one other than a senior citizen or qualified per- manent resident may occupy a dwelling unit within an SC (Senior citizen) Zone for over 60 days unless a senior citizen or quali- fied permanent resident occupies that dwelling at the same time. 17.51.040 A. "qualifying B. Definitions. For purposes of ~:~s chapter, "senior citizen" and resident" mean persons aged 55 or older. For the purposes of this chapter, "cohabitant" means persons who live together as husband and wife. C. For the purposes of this chapter, "housing develop- ment" means any residential development, whether detached single ~amily residences, condominium residences, or otherwise. D. For purposes of this chapter, any person occupying a dwelling unit within a SC (Senior citizen) Zone as of the date that zoning classification is applied to a specific development shall be deemed a "qualifying resident" for such period as he/she continuously occupies such dwelling. E. For the purposes of this chapter, "qualified permar nent resident" means a person who meets all of the following requirements: - 2 3 o Was residing with the qualif)'ing resident or senior citizen prior to the death, hospitalization, or other prolonged absence of, or the dissolution of marriage with, the qualifying resident. Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident. Has an ownership interest in, or is in expectation of an ownership interest in, the d%{elting unit within the housing development. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Ccuncil of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex OJficio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTOKNEY of the City LCM/meg O OR[) 5 SCZONE.I lo/31/88 o~ Bakersfield - 4 -