RESOLUTION NO. 25-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, TO INITIATE AN ORDINANCE TO AMEND BOARDING HOUSE REQUIREMENTS WHEREAS, San Clemente’s land development regulations, specified in the San Clemente Municipal Code, Title 17, Zoning, govern the use and development standards applicable within certain zones, including areas regulated by the City’s various specific plans, and are designed to achieve the goals of future development described in the City’s General Plan; and WHEREAS, the Federal Fair Housing Act Amendments ("FHAA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning ordinances that would have the effect of discriminating against equal housing opportunities for the disabled; and WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman Developmental Disabilities Services Act is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled; and WHEREAS, to fulfill this purpose, the FHAA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford the disabled an equal opportunity to use and enjoy a dwelling; and WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities to treat state licensed residential care facilities serving six or fewer as a residential use; and WHEREAS, the State Department of Housing and Community Development (HCD), in its certification of the City’s Housing Element, was involved and provided direction to provide a means to streamline State-licensed residential care facilities serving seven or more people as a residential use; and WHEREAS, the City Council wishes to consider changes to zoning regulations to control residential uses for drug and alcohol recovery that do not operate within the State law parameters for being a residential care facilities, and thus the City has more means to regulate such uses, including boarding houses, and to ensure, among other things, that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled without creating an overconcentration that would erode the normal residential surroundings to the detriment of the disabled persons and all those living in such neighborhoods.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
Section 1. That the above recitations are true and correct and incorporated fully herein.
Section 2. That the City Council hereby directs staff to initiate an ordinance to amend the San Clemente Municipal Code to establish increased minimum-distancing requirements for boarding houses as directed at the City Council meeting on January 14, 2025.
Section 3. That the City Council hereby directs staff to conduct the appropriate environmental review pursuant to the California Environmental Quality Act (CEQA).
Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-01 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 25-01 Page 2
Attachment 1