Chapter 10.90

REASONABLE ACCOMMODATION

SECTION:

This Chapter provides a procedure in which individuals with disabilities can request reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. It is the intent of this Chapter to comply with the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this Chapter as the Acts). A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks, drive aisle dimensions, landscaping) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of people with disabilities. (Ord. 2024-001, 9-10-2024)

A. General. Reasonable accommodations provide individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices, and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

B. Eligible Applicants. Eligible applicants include:

1. An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

2. The protections afforded people with disabilities under Federal and state fair housing laws extend to those who are associated with them, including providers and developers of housing for people with disabilities.

C. Eligible Requests. A request for reasonable accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities. (Ord. 2024-001, 9- 10-2024)

A. Application. An application for Reasonable Accommodation shall be filed and processed in compliance with this Section. The application shall include the information and materials specified in the most up-to-date application form, together with the required fee in compliance with the City of Reedley Master Fee Schedule.

B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (i.e., Conditional Use Permit), the applicant shall file the request through the operational statement of the principal discretionary application.

C. Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.90.030 (Findings and Decision), of this Chapter.

D. Review Authority. On applications not requiring Planning Commission and/or City Council review and approval, the Community Development Director shall be the review authority and shall be responsible for accepting, reviewing, and acting on Reasonable Accommodation requests.

E. Application and Review Procedures. Upon receipt of a Reasonable Accommodation request, the Community Development Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for accommodation. See Section 10.90.030 (Findings and Decision). (Ord. 2024-001, 9-10-2024)

The written decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall consider the following factors:

A. Whether the land use, which is the subject of the reasonable accommodation request, will be used by an eligible individual protected under the Acts;

B. Whether the request for Reasonable Accommodation is necessary to make specific land uses available to an individual with a disability under the Acts;

C. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; and

D. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning. For this purpose of this Chapter, "fundamental alteration" is defined as:

1. A substantial change in the primary purpose or benefit of a program or activity;

2. An impairment of necessary or practical components required to achieve a program or activity's primary purpose or benefit; or

3. An alteration so far reaching that it would undermine the basic purpose of maintaining the character of the neighborhood. (Ord. 2024-001, 9-10-2024)

In approving a request for Reasonable Accommodation, the Community Development Director shall impose conditions of approval deemed reasonable and necessary to ensure the Reasonable Accommodation will comply with Section 10.90.030 (Findings and Decision) of this Chapter. (Ord. 2024-001, 9-10-2024)

CHAPTER 10.92

SETBACK EXCHANGE

SECTION:

The purpose of this Chapter is to provide a process by which applicants can request a reduction or modification to the setback standards established in this Title. It is the intent of this Chapter to provide flexibility in existing residential property development standards which would otherwise preclude development of single-unit or multi-unit residential dwellings. (Ord. 2024-001, 9-10-2024)

The standards and procedure established in this Chapter shall apply to all parcels where at least one residential dwelling already exists or is proposed. This Chapter shall not apply to accessory dwelling units and junior accessory dwellings in compliance with Chapter 10.52 (Accessory Dwelling Unit) and Chapter 10.54 (Junior Accessory Dwelling Units). (Ord. 2024001, 9-10-2024)

The Community Development Director is responsible for implementation of this Chapter through the processing of a setback exchange application. The Director is also responsible for evaluation, recommendation, and future revision of this Chapter. (Ord. 2024-001, 9-10-2024)

A. Front yards on residentially zoned parcels may be less than the required setback, provided that a written request and site plan are submitted.

B. The reduction of any side yard or rear yard shall be prohibited.

C. The modified front yard setback shall not be less than the required interior side yard for the zone district where the site is located.

D. Applicant shall designate an area elsewhere on the parcel where no existing or proposed structures, outdoor pools, or hot tubs shall be located or constructed.

E. A setback exchange, if granted, shall run with the land and shall continue to be valid upon a change of ownership. (Ord. 2024-001, 9-10-2024)

A. A setback exchange application shall be processed independently of or concurrently with an entitlement application and/or Building Permit.

B. A complete application for a setback exchange shall include the following:

1. Complete application forms provided by the Community Development Department.

2. A dimensioned site plan illustrating the location of all structures on the subject property, the proposed encroachment into the required front or rear yard, and the designated replacement area.

3. Any designated replacement area shall be located outside of required setbacks and shall have minimum dimensions of eight feet (8') by eight feet (8') and shall be situated so as to be accessible and useable by the occupant of the premises.

4. Required application fee in accordance with the City's Master Fee Schedule. The required application fee shall be paid at time of application submittal or shall be paid at time of building permit issuance.

C. Submittal of a complete entitlement application and/or Building Permit may cause a review of planning and Building Permit activity for the subject property to ensure compliance with the Reedley Municipal Code. An identified planning/building or code violation may require the property owner to make necessary corrections prior to the issuance of an entitlement. (Ord. 2024-001, 9-10-2024)

10.92.060: FINDINGS:

The Community Development Director shall find that the granting of the setback exchange will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located and will not be in contradiction of the objectives of this Zoning Code. (Ord. 2024-001, 9-10-2024)