Chapter 17.144 — REASONABLE ACCOMMODATIONS

These regulations are intended to provide a formal procedure 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") to request reasonable accommodation in the application of the City's land use regulations and to establish relevant criteria to be used when considering such requests.

A.

This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

This chapter is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in these sections shall be interpreted to require the City to waiver or reduce development or building fees associated with the granting of a reasonable accommodation request.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A request for reasonable accommodations may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.144.030 - Administration.

A.

Requesting Reasonable Accommodation. A disabled person (or his or her representative) who requests a reasonable accommodation in the form of a modification in the application of a zoning requirement or prohibition that might otherwise act as a barrier to fair housing opportunities due to the disability of the applicant may do so by submitting a letter to the Community Development Director and paying any fees. The letter shall contain the following information:

1.

The applicant's name, address, telephone number, and e-mail address;

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts;

5.

The zoning code provision, regulation, or policy from which reasonable accommodation is being requested;

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

If an individual needs assistance in making the request for reasonable accommodation, the Community Development Director will make every effort to provide the assistance necessary to ensure that the process is accessible to the applicant.

C.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, and the like), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Community Development Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below.

B.

Rather than act on a request for reasonable accommodation, the Community Development Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning

Commission, notice for a public hearing shall be given as required by Chapter 17.156 (Public Hearings and Administrative Review). The determination shall be based on the ability to make the required findings as set forth below.

C.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following findings must be analyzed, made and adopted before any action is taken to approve,

conditionally approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to approval, conditional approval or denial:

A.

The housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts;

B.

The request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;

C.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the City;

D.

The 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;

E.

The impact on surrounding uses does not negatively impact the public health, safety, and welfare;

F.

The physical attributes of and any proposed changes to the subject property and structures are necessary and appropriate;

G.

There are no alternative reasonable accommodations which may provide an equivalent level of benefit and greater adherence to the Code;

H.

The reasonable accommodation would not result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.144.060 - Conditions of approval.

A.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of or for approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.144.040.

B.

Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

C.

Any approval or conditional approval of an application under Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.144.070 - Appeals.

The decision of the Community Development Director or the Planning Commission may be appealed as set forth in Chapter 17.160 (Appeals and Requests for Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.148 - DEVELOPMENT AGREEMENTS

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the state of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into Development Agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with

existing policies, rules, and standards, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of Development Agreements by the City consistent with State law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this Title. The City shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of Development Agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.148.030 - Application, filing, and processing.

A.

City staff shall not begin to negotiate with the applicant until the City Council has so authorized staff, following completion of the pre-application process as set forth below.

B.

The Planning Division shall review the proposal, consult with all City departments, obtain such additional information from the applicant as may be deemed necessary by the City Manager, and shall, within fortyfive (45) days of receipt of the proposal, prepare a staff report containing the Department's recommendation to the City Council.

C.

The recommendation shall consist of the following:

1.

A statement of potential public benefits for the City if the agreement were entered into, as identified by the Community Development Director;

2.

A recommendation whether the City should negotiate further with the applicant, with supporting arguments;

3.

A statement of issues for further research and investigation, and issues which should be addressed in the Development Agreement; and

A statement of those documents, applications and other items required by the Community Development Director in order to further process the application or negotiate with the applicant.

D.

Upon receipt of the recommendation of the Community Development Director, the report shall be set for a public hearing before the City Council at its next regularly scheduled meeting. The City Council shall consider at the hearing whether to authorize City staff to negotiate with the applicant concerning the Development Agreement. The public hearings shall be held pursuant to Chapter 17.156 (Public Hearings and Administrative Review), which is in accordance with Section 65090 and 65091 of the Government Code.

E.

Upon the close of the hearing, the City Council shall either:

1.

Direct City staff, by written resolution, to begin negotiating with the applicant, and to prepare a proposed Development Agreement for Planning Commission review; or

2.

Determine that no further negotiations are desirable and so state in a written resolution, including the reasons for such a determination, and reject the application.

F.

The Planning Division shall, at the applicant's expense and in accord with City procedures for implementation of CEQA, undertake environmental review and, upon completion of such review, transmit the application, together with the recommendations thereon, to the Planning Commission.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A Development Agreement is a legislative act that shall be approved by ordinance and is subject to referendum.

A.

Planning Commission.

1.

Upon receipt of an application, the results of the environmental review, and the recommendations of the staff, the Planning Commission shall schedule a public hearing pursuant to Chapter 17.156 (Public Hearings and Administrative Review). The Planning Commission hearing shall be scheduled for six months following City Council authorization to staff to negotiate with the applicant, unless the City and the applicant mutually agree to a later date.

2.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

3.

After the public hearing is closed, the Planning Commission shall determine whether the agreement is consistent with the General Plan, shall recommend either approval, modification, or disapproval of the proposed Development Agreement.

B.

City Council.

1.

Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Planning Commission, the City Council shall schedule a public hearing on the application pursuant to Chapter 17.156 (Public Hearings and Administrative Review).

2.

If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.

C.

All of the following findings shall be made by the City Council in conjunction with the approval of a Development Agreement:

1.

The agreement is consistent with the General Plan and with any Specific Plan.

2.

The agreement is consistent with the provisions of this Zoning Code.

3.

Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

That the City Council has considered the fiscal effect of the Development Agreement on the City and the effects on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

5.

Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

6.

That the agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.148.050 - Content of development agreement.

The Development Agreement shall contain the following:

A.

A legal description of the property sought to be covered by the agreement;

B.

A statement of concurrence in the application by the owner if the applicant is not the fee owner;

C.

A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes;

D.

A statement of terms and conditions relating to applicant financing of public facilities and required improvements;

E.

All proposed conditions, terms, requirements for subsequent City discretionary actions;

F.

A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights;

G.

The proposed time when construction would be commenced and completed for the entire project and any proposed phases;

H.

The termination date for the agreement;

I.

A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within three hundred (300) feet of the boundaries of the property;

J.

A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within three hundred (300) feet of the boundaries of the property;

K.

A statement documenting that the project is consistent with the General Plan and all applicable specific plans; and

L.

Such other information as the Community Development Director may require by policy or to satisfy other requirements of law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any approval of a proposed agreement shall authorize the Mayor and the City Administrator to sign the agreement on behalf of the City, and shall become effective after thirty (30) days following the second reading, unless a referendum is filed within that time.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

All Development Agreements shall be reviewed by the Community Development Director at least once every twelve (12) months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.

B.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement. Upon a finding by the Community Development Director that substantial compliance has not been achieved, the matter shall be referred for review by the City Council.

C.

Any modification or termination is subject to the provisions of Section 17.148.080, below.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated pursuant to the provisions of Section 17.148.040, above. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5. Any Development Agreement that is amended or modified shall be subject to those rules, standards, and official policies in force at the time of the execution of the agreement.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.150 - SPECIFIC PLANS

The purpose of this chapter is to provide regulations for review of development in those areas of the City for which a Specific Plan has been adopted pursuant to Government Code Section 65450 and Government Code Section 65453.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.150.020 - Applicability.

A.

This chapter shall apply to all lands which have been zoned "SP" and for which a specific plan has been adopted in accord with the provisions of that specific plan.

B.

Where the provisions of this Title and the provisions of the adopted specific plan differ, the provisions of the specific plan shall prevail.

C.

Where the provisions of this Title and the provisions of a development agreement adopted to implement a specific plan differ, the provisions of the development agreement shall prevail.

D.

Any regulation, standards, or procedure of this Title that is not addressed by the specific plan's regulations, standards, or procedures, shall be applicable to the area governed by the specific plan.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

State law specifies the mandatory specific plan contents pursuant to Government Code § 65451. Each Specific Plan shall list the land uses that may be allowed within the zoning districts established by the

Specific Plan, determine the type of land use permit/approval required for each use, and provide standards for site layout and building size.

B.

Development Standards. Uses shall conform to the development standards, conditions and any special restrictions contained in the adopted specific plan and any amendments thereto; provided, however, that if the specific plan lacks one or more standards, the applicable standards from the zoning classification which most closely fits the land use assigned to the site shall be utilized.

C.

The zone shall be applied only upon a finding that the specific plan of land use contains definitive development standards and requirements relating to land use, density, lot size and shape, siting of buildings, setbacks, circulation, drainage, landscaping, architecture, water, sewer, public facilities, grading, maintenance, open space, parking, and other elements deemed necessary for the proper development of the property.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Adoption of, or amendment to, a specific plan relating to land use may be initiated by the City or by submittal of a Master Plan. When initiated by a master plan, the person shall file a petition with the City and pay a filing fee as required in Chapter 17.120 of this Title. Unless otherwise provided therein, amendments shall be processed pursuant to the provisions of the specific plan. The Garvey Avenue Specific Plan amendment process established in this Title under Chapter 17.21 within the Specific Plan area shall take precedence over this Chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13; Ord. No. 978, § 5(Exh. A), 2-27-18)

Planning and Zoning Law, Title 7 of the Government Code of the State of California, provides for the preparation and adoption of specific plans to effectuate the General Plan.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The adoption of, or amendments to, specific plans shall be adopted pursuant to Chapter 17.156 (Public Hearings and Administrative Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City Council shall adopt fees by resolution which defray, but do not exceed, the cost of preparation, adoption and administration of the specific plan.

(Ord. No. 931, § 5(Exh. A), 10-22-13)