Article V — PROCEDURES

• (a) Purpose. The City of Westmorland recognizes that in the development of this document, not all land use types can be listed nor can all future uses be anticipated, or a use may have been omitted from the list of those specified as permissible in the various zoning designations, or ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this Ordinance.

• (b) Procedure for Approval. Any person seeking to establish a use that is not expressly contained in this Zoning Ordinance but is similar to any permitted use may submit a request for a “Classification of Use” by the Planning Commission. The applicant shall file an application with the City of Westmorland in a format prescribed by the City Council and pay the necessary fees. After receipt of the application, the Planning Commission shall review the request at its next regularly scheduled meeting. The Planning Commission action may be appealed to the City Council subject to the City’s appeal procedure.

• (c) Findings. In approving an unclassified use, the Planning Commission must make the following findings and determine that the following conditions exist:

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• i. That the subject use and its operation is consistent with the goals, objective and policies of the General Plan;

• ii. That the subject use and its operation is consistent with the purposes and intent of the zone in which the use is proposed to be located;

• iii. That the subject use and its operation is a compatible use in all areas of the city where the zoning is applied;

• iv. That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located. A use shall be deemed to be similar only where the size, scale, design and impact of the uses are comparable. A use shall not be deemed to be similar when the operation of the use involves greater impacts in terms of traffic, parking, noise, glare, odor, refuse, or other environmental considerations; generates greater demand for public services; does not have comparable hours of operation; is significantly more intensive in the number of employees, patrons and other users of the facility; and is not complementary to other uses in the zone;

• v. That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected; and

• vi. That the subject use and operation is not more obnoxious or detrimental to the public health, safety and general welfare than such other permitted uses.

• (a) Intent. Uses permitted subject to conditional use permit are those uses necessary for the development of the community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses. The procedures specified in this section are intended to provide a means whereby the Planning Commission may modify such uses to the extent that they can be made compatible and harmonious with the adjacent uses.

• (b) Special Conditions. In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may by resolution impose, in addition to those standards and requirements expressly specified by this ordinance, additional conditions which the Planning Commission considers necessary to protect the public health, safety and general welfare. These conditions may include but are not limited to the following:

  • i. Regulations of use

  • ii. Special yards, spaces and buffers

  • iii. Special fences, solid fences and walls

  • iv. Surfacing of parking areas

  • v. Requiring street, service road or alley dedication and improvements or appropriate bonds

  • vi. Regulation of points of vehicular ingress and egress

  • vii. Regulation of signs

  • viii. Requiring maintenance of the grounds

  • ix. Time period within which the proposed use shall be developed

  • x. Regulation of hours for certain activities

  • xi. Duration of use

  • xii. And any other such condition as will make possible the development of the City in an orderly and efficient manner.

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• (c) General Conditions. The Planning Commission shall, in addition to any special conditions, impose the following general conditions upon every Conditional Use Permit granted:

  • i. The right to use and occupy the subject property shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure.

  • ii. That all of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his successors or assigns.

  • iii. That in the case of a use existing prior to the effective date of this ordinance and classified in this ordinance as a conditional use, any change in the use or in lot area or any alteration of structure shall conform to the requirements for the conditional use.

• (d) Administrative Provisions. The following provisions shall apply in obtaining conditional use permits:

  • i. Application and Filing Fee: Application for a conditional use permit giving such information as may be prescribed but the Planning Commission, shall be made upon forms provided by the City Clerk.

  • ii. Planning Commission Hearing:

1. Upon receipt of the application in proper from and application fee, the City Clerk shall place the item on the Planning Commission Agenda for public hearing not more than thirty (30) days after the date of the filing of the application, or sixty (60) days if an Environmental Impact Report is required.

  **2.** Notice of such hearing for the time and in the manner as established by resolution of the City Council which shall be mailed at least ten (10) days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of applicant’s property, and by the posting of said notice in three conspicuous places on or close to the property at least ten (10) days prior to the hearing. 

• iii. Action by the Planning Commission: Within thirty (30) days after the conclusion of the public hearing, the Planning Commission shall approve, conditionally approve, or deny the conditional use permit application based upon its findings along with any general and special conditions in Section 5.02(b) above as they might apply. Notice of the action shall be mailed to the applicant. The findings of the Commission shall be that the establishment, maintenance or operation of the use or building applied for will or will not, under the circumstances of the particular case, be detrimental to the public health, safety and the general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements in the neighborhood.

• iv. Appeals to the City Council: The decision of the Planning Commission is final unless an appeal is made in writing to the City Council within ten (10) days of such action. Following a public hearing, notice of which shall be given in the manner prescribed above, the Council may by resolution reverse or affirms wholly or in part, or may modify any decisions, determination or requirement of

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the Planning Commission. The Council shall also make a written finding of fact setting forth where the Planning Commission findings were in error.

• v. Revocation of Conditional Use Permits:

  1. The Planning Commission may by resolution and after a public hearing with notice in accordance with provisions set forth above revoke any conditional use permit for non-compliance with any of the conditions set forth in the resolution granting the application. Written notice of intention to revoke shall be mailed to the applicant not less than thirty (30) days before the Planning Commission action.

  2. If an established time limit for development expires or if the time limit for the duration of the carrying on the use has been established as one of the conditions then said permit shall be considered to be revoked upon such date of expiration without any notification to the owners.

  3. The revocation of a conditional use permit shall have the effect of denying all rights granted by the conditional use permit.

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• (a) Intent. Where building or lots legally existing on the effective date of the ordinance adopting these regulations are not in conformity with the provisions of these regulations, it is the intent of this section to declare such to be nonconforming and to encourage these nonconforming buildings and uses to be brought to or toward conformity as rapidly as possible; all for the purpose of protecting the public health, safety and general welfare.

• (b) Nonconforming Uses

  • i. Nonconforming uses shall be those in any zone which are not provided for in the permitted uses or conditional uses section of each zone. A nonconforming use may not be expanded or extended within an existing building and no structural alterations except those required by law shall be made therein. A nonconforming structure which conforms with respect to use may be altered or extended if the alteration or extension does not cause the structure to deviate further from the standards of this ordinance.

  • ii. If a nonconforming use of land is discontinued for a period of one hundred eighty (180) days, any further use of the property shall conform to this ordinance.

  • iii. If a nonconforming use is replaced by another use, the new use shall conform to this ordinance.

• (c) Removal or Razing of Structures. The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such uses are removed or razed to the extent of fifty percent (50%) of the structure’s fair market value as determined by the last equalized assessment roll of the County of Imperial.

• (d) Destruction, Damage or Obsolescence of Structure. The right to operate and maintain a nonconforming use shall terminate when structure or structures housing such use is (are) damaged or destroyed from any cause whatsoever as to become obsolete or become(s) obsolete under any municipal ordinance.

• (a) Intent. When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of these regulations occur through the strict application of the provisions herein to a parcel or a group of parcels affected by a unique problem, the Planning Commission shall have the power to grant, upon such terms and conditions as it deems necessary and proper, variances from the strict provisions of these regulations. A variance shall not be granted to permit a use not permitted in the zone by this Ordinance.

• (b) General Conditions. The Planning Commission may impose the following general conditions upon a variance:

  • i. The Planning Commission, in approving a variance, may set force in its decision reasonable terms and conditions which it deems necessary to protect the health, safety, and general welfare of the community and to assure the intent and purposes of these regulations.

  • ii. Every variance from the provisions of these ordinance regulations shall became void one hundred and eighty (180) days after the effective date such variance is granted unless construction has commenced. The Planning Commission, however, may, by request, extend authorization for an additional period not to exceed one year.

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• (c) Administrative Provisions. The following provisions shall apply in obtaining variances:

  • i. Application and Filing Fee: Application for variance, giving such information as may be prescribed by the Planning Commission, shall be made upon forms provided by the City Clerk. The Clerk shall charge and collect the filing fee for each such application as determined by resolution of the City Council.

  • ii. Planning Commission Hearing:

    1. Upon receipt of the application in proper form, the City Clerk shall place the item on the Planning Commission Agenda for public hearing not more than thirty (30) days after the filing of the application, or sixty (60) days if an Environmental Impact Report is required.

    2. Notice of such hearing for the time and in the manner as established by resolution of the City Council which shall be mailed at least ten (10) days prior to the public hearing to all property owners whose names and addresses appear on the latest adopt tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of applicants property, and by the posting of said notice in three conspicuous places on or close to the property at least ten (10) days prior to the hearing.

  • iii. Action by the Planning Commission: Within thirty (30) days after the conclusion of the public hearing, the Planning Commission may grant the requested variance in whole or in part, or deny the application for variance based upon its findings with or without conditions. The Commission, in granting a variance, shall make a finding that in the evidence presented, all four of the following conditions exist in reference to the property being considered:

days after the conclusion of the public hearing, the Planning Commission may grant the requested variance in whole or in part, or deny the application for variance based upon its findings with or without conditions. The Commission, in granting a variance, shall make a finding that in the evidence presented, all four of the following conditions exist in reference to the property being considered:

  1. Because of unique circumstances applicable to subject property including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 

  2. Any variance granted shall be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. 

  3. The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. 

  4. The granting of such variance will not adversely affect the General Plan for the City. 

• iv. Appeals to the City Council: Appeal from any action of the Planning Commission on an application for variance may be made in writing to the City Council within ten (10) days of such action following public hearing. The Council may by resolution reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Planning Commission findings that were in error.

v. Revocation of Variances:

1. The Planning Commission may by resolution and after a public hearing with notice revoke any variance for noncompliance with any of the conditions set forth in the resolution granting the variance. Written notice of intention to revoke shall be mailed to the applicant(s) not less than thirty (30) days before the Planning Commission action.

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2. The revocation of a variance shall have the effect of denying all rights granted by the variance.

• (a) General Conditions. The Planning Commission shall consider whether the following conditions exist:

  • i. That the proposed zoning amendment is in conformity with the General Plan of the City.

  • ii. That in the case of a zoning map amendment, the subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the Planning Commission and the City Council.

• (b) Administrative Provisions. The following provisions shall apply in obtaining zoning map and text amendments:

  • i. Initiation:

    1. The Planning Commission may initiate proceedings by motion and then hold public hearings

    2. The City Council may initiate proceedings by submitting the matter to the Planning Commission for public hearings

    3. In the case of a zoning map amendment, the owner of a property or duly authorized agent may initiate proceedings by filling an application on a form provided by the City Clerk giving such information as may be prescribed by the Planning Commission. The City Clerk shall charge and collect the filing fee for each such application as determined by resolution of the City Council.

  • ii. Staff Investigation: A city official, as may be designated by the City Council, shall investigate the proposed ordinance amendment in order to provide information necessary to assure action consistent with the intent of this ordinance and the General Plan and report the findings to the Planning Commission.

iii. Planning Commission Hearing:

1. The City Clerk shall place the matter on the Planning Commission Agenda for public hearing not more than thirty (30) days after the date of the initiating motion by the Planning Commission or City Council or upon receipt of an application in proper form. An additional thirty (30) days will be allowed if an Environmental Impact Report is required.

2. Notice of such hearing shall be given both by mail or delivery at least ten (10) days prior to the public hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of applicant’s property and the posting of said public notice at three conspicuous places in the City.

• iv. Action by the Planning Commission: Within thirty (30) days after the conclusion of the public hearing, the Planning Commission shall file its recommendation together with a report of findings, hearings and other supportive data. In the case of a zoning map amendment notice of the action shall be mailed to the applicant within ten (10) days. The Planning Commission may reduce but shall not enlarge the area of any proposed zone change in any way, unless proper notice and publication of the enlarged area in made.

• v. Action by the City Council:

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1. In the case of a zoning map amendment, if the Planning Commission recommends against such an amendment, the City Council shall not be required to take any further action unless an interested party requests such a hearing by filing a written request with the City Clerk within ten (10) days after the Planning Commission files its decisions and recommendations. In this event, a public hearing shall be held and notice given.

2. In all other cases where recommendations have been made on proposed zoning map and text amendments, the City Council shall, not more than thirty (30) days after publication of legal notice of a public hearing hold said public hearing. Such notice shall be given as provided above.

3. The City Council may adopt by ordinance or reject the amendment recommended by the Planning Commission after holding at least one public hearing. The Council may modify the amendment recommended by the commission, provided the proposed modification has been referred back to the Planning Commission for its further recommendations or in the case of a zoning map amendment where the area of the proposed zone change is reduced, proper notice and publication is made.

• (a) Enforcement. The City Council, the City Attorney, the Police Chief, the Building Inspector, the City Clerk and all officials charged with the issuance of licenses or permits shall enforce the provisions of this ordinance.

• (b) Actions Deemed a Nuisance. Any building or structure hereafter erected or maintained for any use of property contrary to the provisions of this ordinance shall be declared to be unlawful and a public nuisance.

• (c) Remedies. All remedies concerning this ordinance shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibilities of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof.

SECTION 6.00-ADDITIONAL RESIDENTIAL PROVISIONS

(a) Purpose

The purpose of this section is to regulate second dwelling units in residential zoning districts and on residential property consistent with State law (Sections 65852.1 through 65852.2 of the California Government Code). Implementation of this section is intended to expand housing opportunities for low income and moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

(b) Definition

Second Dwelling Unit means an attached or detached dwelling unit, sited on the same parcel as the primary dwelling unit, which provides complete independent living facilities for one (1) or more persons, with permanent provisions for living, sleeping, eating, sanitation, and includes a single kitchen as defined in this chapter. This definition shall also include: (1) An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and (2) A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

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(c) Permitted use provisions

Pursuant to Section 65852.2 of the Government Code, second units shall be permitted in all residential, agricultural residential and agricultural zoning districts in compliance with the development standards as set forth on single-family residential parcels by the Planning Director when the following conditions are met

• Second units shall only be located on lots with an area of six thousand (6,000 ft[2] ) square feet or larger.

• Second units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit.

• No more than one (1) second unit shall be allowed per parcel.

• The property owner shall occupy either the primary unit or second unit. The property owner shall record a declaration acknowledging owner occupancy, recorded with the property as a condition of the administrative permit.

  • Prior to issuance of the administrative permit, the declaration shall be recorded with the Imperial County recorder’s office.

  • The declaration shall be in a form as required by the Planning Director.

  • o The declaration shall run with the land and be binding upon the applicant and successor property owners. Lack of compliance at any time after recording shall void the approval of the second unit permit and shall constitute a public nuisance which may result in legal or administrative action against the property owner.

• A second unit shall not exceed one thousand two hundred (1,200 ft[2] ) square feet, excluding garage area. If a secondary dwelling unit includes an attached garage or other unfinished space, the characterization of the structure shall be based upon which use encompasses the greater square footage. If the square footage of the attached garage or other unfinished space exceeds the square footage of the habitable area, the structure shall be deemed to be an accessory structure and shall be denied.

area. If a secondary dwelling unit includes an attached garage or other unfinished space, the characterization of the structure shall be based upon which use encompasses the greater square footage. If the square footage of the attached garage or other unfinished space exceeds the square footage of the habitable area, the structure shall be deemed to be an accessory structure and shall be denied.

• The maximum building coverage, including a second unit, is five (5%) percent above the maximum lot coverage as set forth in this code for the underlying zoning district.

• Building setbacks for attached second units shall comply with all required building setbacks for the primary unit. Within the agricultural and agriculturalresidential zoning districts, the building setbacks for detached second units shall not be less than the height of the structure at the highest point, with a minimum distance of ten (10' 0") feet between structures. Building setbacks for detached second units within all other residential zones shall be the same as the underlying zoning district for front and street side yards, five feet from interior and rear yard property lines, with a minimum distance of ten (10' 0") feet between structures.

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(a) Purpose and intent

General Plan housing element Policies identify the City’s need to provide equal access to housing for people with special needs, including encouraging the development of emergency and transitional housing. It is the intent of this chapter to provide for adequate development and operational standards to ensure appropriate housing and services for special needs populations are met.

(b) Definition

“Emergency shelter” means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.

(c) Permit Requirements and exemptions

Emergency shelter and transitional housing facilities are permitted in I and OS zones and shall be subject to the following conditions:

• (1) Permit Requirements

  • (a) Emergency shelter and transitional housing facilities shall comply with all federal and California State licensing requirements.

  • (b) Emergency shelter and transitional housing facilities shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.

  • (c) Maximum Number of Beds. No more than thirty (30) beds shall be provided in any single emergency shelter or transitional housing facility.

• (2) Exemptions to Permit Requirements

  • (a) Shelter facilities may exceed the maximum one hundred (310) bed limitation through a conditional use permit subject to approval by the designated approving authority.

  • (b) An emergency shelter or transitional housing facility for ten (10) or fewer persons may be located in any portion of the City zoned for residential or commercial development.

(d) Development Standards

• (1) Location and Separation

  • (a) Emergency shelters and transitional housing facilities of more than ten (10) persons shall be located in I and OS zones and situated within one-half (1/2) mile of a transit corridor or existing bus route.

  • (b) All shelter programs must be situated more than one thousand (1,000) feet from any other similar program; a public park; a public or private K – 12 school; an indoor or outdoor recreational facility primarily designed to serve persons under eighteen (18) years old; a child care facility or single-family residential zone [one thousand (1,000) feet measured from property line to property line]. Programs may have multiple buildings.

(2) Physical Characteristics

• (a) The maximum number of beds (100) does not apply in situations of Citywide or statewide designated disasters or catastrophic conditions.

• (b) Smoke detectors, approved by the Fire Department, must be provided in all sleeping and food preparation areas.

• (c) The facility shall have adequate private living space, shower and toilet facilities and secure storage areas for its intended residents.

• (d) The size of an emergency facility shall be in character with the surrounding neighborhood.

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(e) The facility shall have at least one room, which has one hundred twenty (120 ft[2] ) square feet of floor area. Other habitable rooms shall have an area not less than seventy (70 ft[2] ) square feet. When more than two (2) persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty (50 ft[2] ) square feet for each occupant in excess of two (2).

(3) Operational Standards

(a) If the facility is proposed for location in an area either zoned or developed as a residential area, all intake and screening shall be conducted off-site.

(b) If a program includes a drug or alcohol abuse counseling component, appropriate State and/or Federal licensing shall be required.

(c) The program shall provide accommodations appropriate for a minimum stay of twentyeight (28) days and a maximum stay of one hundred eighty (180) days per client/family.

(d) The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.

(e) Transitional housing programs shall provide specific mechanisms for residents to contact social services.

(f) The program shall include clear and acceptable arrangements for facility residents, such as on-site meal preparation or food provision and disbursement.

(g) The program, where applicable, shall provide child care services and ensure that schoolaged children are enrolled in school during their stay at the facility.

(h) The transitional housing provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling, and treatment programs for residents.

(i) Shelters may establish written expectations of residents – behavioral, medical, and religious, etc. Expectations of residents will be available to each resident at entry to the shelter, and to the public (upon request).

(j) Shelters shall have infection control policies in accordance with guidelines of the Centers for Disease Control covering but not necessarily limited to HIV/AIDS, hepatitis, and tuberculosis.

(k) Emergency shelters and transitional housing facilities shall provide on-site management and support staff at all times during shelter use.

6.03-REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES

(a) Purpose and intent

The purpose of allowing reasonable accommodation(s) is to provide a process for individuals with disabilities to make requests for reasonable accommodation(s) for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the City. It is the policy of the City, pursuant to the Federal Fair Housing Act (as amended), to provide people with disabilities reasonable accommodation(s) in rules, policies, and procedures that may be necessary to ensure equal access to housing.

(b) Requesting Reasonable Accommodation(s)

(1) In order to make specific housing available to an individual with a disability , a disabled person or representative may request reasonable accommodation(s) relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the City.

(2) If an individual needs assistance in making the request for reasonable accommodation(s) or appealing a determination regarding reasonable accommodation(s), the Planning Director will

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endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant.

(3) A request for reasonable accommodation(s) with regard to City regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the Planning Director at the time that the accommodation may be necessary to ensure equal access to housing.

(c) Required Information.

The applicant shall provide the following information when requesting reasonable accommodation(s). This information shall be made part of the public record for the project and subject to all applicable State and Federal laws for public access to records.

(1) A completed City application indicating, among other things, the applicant’s name, address, and telephone;

(2) Address of the property for which the request is being made;

(3) The current actual use of the property;

(4) The Westmorland ordinance, provision, regulation, or policy from which reasonable accommodation(s) is being requested;

(5) The basis for the claim that the person(s) for whom the reasonable accommodation(s) is/are sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

(6) Such other relevant information as may be requested by the Planning Director as the Director reasonably concludes is necessary to determine whether the findings required by subsection (F) of this section (Required Findings for Reasonable Accommodation(s)) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individual(s) affected.

(d) Approving Authority and Approval Process

(1) The Planning Director shall have the authority to consider and take action on requests for reasonable accommodation(s). When a request for reasonable accommodation(s) is filed with the Planning Department, it will be referred to the Planning Director for review and consideration as a ministerial action unless determined otherwise by the Planning Director. A request for reasonable accommodation(s) shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the City’s setbacks or design standards. Typical improvements considered to be “ministerial” in nature would include ramps, walls, handrails, or other physical improvements necessary to accommodate a person’s disability . The Planning Director shall issue a written determination of his or her action within fifteen (15) days of the date of receipt of a completed application and may:

(a) Grant or deny the accommodation request; or

(b) Grant the accommodation request subject to specified nondiscriminatory condition(s); or

(c) Forward the request to the Planning Commission for consideration as a conditional use permit.

(2) In the event the Planning Director determines that the request for reasonable accommodation(s) is non-ministerial in nature, such request shall be forwarded to the Planning Commission in accordance with City of Westmorland Conditional Use Permit provisions, and shall be subject to the findings stated in subsection “F” of this section (Required Findings for Reasonable Accommodation(s))

(3) All written determinations of actions of the Planning Director shall give notice of the right to appeal and the right to request Reasonable Accommodation(s) on the appeals process (e.g., requesting that City staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

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(4) If necessary to reach a determination or action on the request for reasonable accommodation(s), the Planning Director may request further information from the applicant specifying in detail what information is required. In the event a request for further information is made, the fifteen (15) day period to issue a written determination shall be stayed until the applicant fully and sufficiently provides such information

(e) Considerations

(1) The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

(a) Whether the requested accommodation will affirmatively enhance the quality of life of one (1) or more individuals with a disability ;

(b) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

(c) In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

(d) In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

2. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of this title:

(a) Whether the requested accommodation would fundamentally alter the character of the neighborhood;

(b) Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

(c) Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan;

(d) In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

(f) Required Findings for Reasonable Accommodation(s).

(1) In making a determination regarding the reasonableness of a requested reasonable accommodation(s), the approving authority shall make the following findings:

(a) The housing which is the subject of the request for reasonable accommodation(s) will be used for an individual protected under the Fair Housing Act.

(b) The request for reasonable accommodation(s) is necessary to make specific housing available to an individual protected under the Fair Housing Act.

(c) The requested reasonable accommodation(s) does not impose an undue financial or administrative burden on the City and does not fundamentally alter City zoning, development standards, policies, or procedures.

(d) The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.

(e) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

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(a) Purpose and intent

This density bonus chapter is intended to provide incentives for the production of housing for very low, lower income, or senior households and the development of child care facilities. In enacting this chapter, it is the intent of the City of Westmorland to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City’s Housing Element.

(b) Definition

Density Bonus means a density increase of at least twenty percent (20%) unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density, as required for some affordable housing, mixed-use, other designated residential developments.

(c) Eligibility for density bonus and other incentives.

The City of Westmorland shall either grant a density bonus and concessions or incentives as set forth herein. Types of density bonus and other incentives allowed, or provide other incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, when the applicant for the housing development seeks to construct at least any one (1) of the following (1) Ten (10%) percent of the total units of a housing development for low income households; (2) Five (5%) percent of the total units of a housing development for very low income households;

• (3) A senior citizen development;

(4) Ten (10%) percent of the total dwelling units in a condominium project or in a planned development for persons and families of moderate income;

(d) Types of density bonus and other incentives

• (1) Project-Specific Density Bonus. A housing development that satisfies all applicable provisions of this chapter shall be entitled to the following density bonus:

  • (a) For developments providing lower income target units, a twenty (20%) percent base density bonus plus a one and one-half (1.5%) percent supplemental increase over that base for every one percent (1%) increase in low income units above ten (10%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

  • (b) For developments providing very low income target units, a twenty (20%) percent base density bonus plus a two and one-half (2.5%) percent supplemental increase over that base for every one (1%) percent increase in very low income units above five (5%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

  • (c) For senior developments, a twenty-five (25%) percent base density bonus plus a two and one-half (2.5%) percent supplemental increase over that base for every one (1%) percent increase in senior units. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent;

  • (d) For condominium/PUD developments providing moderate income target units a five (5%) percent base density bonus plus a one percent increase in moderate income units above ten (10%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent.

• (2) Number of Other Incentives or Concessions. In addition to the eligible density bonus percentage described above, an applicant may request incentives or concessions in connection with its application for a density bonus:

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• (a) One incentive or concession for housing developments that include at least ten (10%) percent of the total units for lower income households, at least five (5%) percent for very low income households, or at least ten (10%) percent for persons or families of moderate income in a condominium or planned development.

• (b) Two incentives or concessions for housing developments that include at least twenty (20%) percent of the total units for lower income households, at least ten (10%) percent for very low income households, or at least twenty (20%) percent for persons or families of moderate income in a condominium or planned development.

• (c) Three incentives or concessions for projects that include at least thirty (30%) percent of the total units for lower income households, at least fifteen (15%) percent for very low income households, or at least thirty (30%) percent for persons or families of moderate income in a condominium or planned development.

• (3) Available Incentives and Concessions. The following incentives and concessions are available for compliance with this chapter:

  • (a) A reduction in the site development standards or a modification of Westmorland development standards, requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5, Section 18907 of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions.

  • (b) Approval of mixed-use development in conjunction with the Housing Element. The City shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities in development if the nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing development and surrounding development.

  • (c) Other regulatory incentives or concessions proposed by the applicant or that the City determines will result in identifiable, financially sufficient, and actual cost reductions. (d) Priority processing of a housing development that provides income-restricted units.

• (4) Denial of Request for Incentives or Concessions. The City shall grant incentive(s) or concession(s) requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:

  • (a) The incentive or concession is not required in order to provide for affordable housing costs or affordable rents.

• (b) The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

• (5) Density Bonus for Donation of Land

  • (a) An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the City in accordance with Section 65915(h) of the California Government Code shall receive a fifteen (15%) percent base density bonus plus a one (1%) percent supplemental increase over that base for every one (1%) percent increase in land donated above the minimum ten (10%) percent. The maximum density bonus allowed including supplemental increases is thirty-five (35%) percent.

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(b) An applicant shall only be eligible to receive the density bonus described in this subsection if all the conditions listed in subsections (1) through (6) of Section 65915(h) are met.

(c) Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

• (6) Additional Density Bonus and Incentives or Concessions for Development of Child Care Facility.

  • (a) Housing developments meeting the requirements of the City of Westmorland Density Bonus Provisions and including a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development shall receive either of the following:

    • (i) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

    • (ii) An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility.

  • (b) The density bonus housing agreement for the housing development shall ensure that: (i) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable; and

    • (ii) Of the children who attend the child care facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to the City’s Density Bonus provisions.

(e) The City shall not be required to provide a density bonus or incentive or concession for a child care facility if it makes a written finding, based upon substantial evidence, that the community has adequate child care facilities.

(f) General Provisions Related to Density Bonuses and Incentives and Concessions

(1) All density calculations resulting in fractional units shall be rounded up to the next whole number.

(2) The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval.

(3) The density bonus shall not be included when determining the number of housing units that is equal to five (5%) percent or ten (10%) percent of the total.

(4) Upon request by the applicant, the City shall not require that a housing development that meets the requirements of 601.4.C. provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following:

• (a) Zero (0) to one (1) bedroom: one (1) on-site parking space;

• (b) Two (2) to three (3) bedrooms: two (2) on-site parking spaces;

• (c) Four (4) and more bedrooms: two and one-half (2.5) parking spaces.

If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

(5) The City shall not apply any development standard that would have the effect of precluding the construction of a housing development meeting the requirements of 6.04.C, eligibility, at the

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densities or with the incentives permitted by this chapter. An applicant may submit to the City a proposal for the waiver or reduction of development standards. Nothing in this subsection, however, shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Furthermore, the applicant shall be required to prove that the waiver or modification is necessary to make the target units economically feasible.

(g) Location of bonus units

As required by State law (Section 65915(j) of the California Government Code), the location of density bonus units within the housing development may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the non-inclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials and quality finish.

(h) Continued availability

(1) If a housing development providing lower or very low income target units receives only a density bonus, the target units must remain restricted to lower or very low income households for a minimum of thirty (30) years from the date of issuance of the certificate of occupancy. (2) If a housing development providing lower or very low income target units receives both a density bonus and an additional incentive, the target units must remain restricted to lower or very low income households for a minimum of fifty (50) years from the date of issuance of the certificate of occupancy.

(3) In the case of a housing development providing moderate income target units, the initial occupant of the target unit must be a person of family of moderate income. Upon resale, the seller of the target units shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation, which shall be used within three (3) years for any of the purposes described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote home ownership. The City’s proportionate share shall be equal to the percentage by which the initial sale price of the moderate income household was less than the fair market value of the home at the time of the initial sale.

(i) Process and conditions of approval

The density bonus request shall be considered by the City Council along with the required density bonus agreement after the designated approving authority approves any necessary permits. The form and content of the density bonus agreement shall be determined by the City.

The City Clerk shall, within 15 days of passage, cause this Ordinance to be posted in at least three (3) public places within the City of Westmorland. This Ordinance shall become effective thirty (30)-days after the date of its final passage and adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Westmorland, California, held on the 1st day of May 2013.

/s/Henry Graham

Henry Graham, Mayor

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ATTEST:

/s/Sally Traylor Sally Traylor, City Clerk

STATE OF CALIFORNIA) COUNTY OF IMPERIAL) SS CITY OF WESTMORLAND)

Introduction and 1[st] Reading

I, Sally Traylor , City Clerk of the City of Westmorland, California, DO HEREBY CERTIFY , that the foregoing Ordinance No. 13-01 was approved for 1[st] Reading by the City Council of the City of Westmorland at a regular meeting held on the 17th day of April 2013.

2[nd] Reading and Adoption

I, Sally Traylor , City Clerk of the City of Westmorland, California, DO HEREBY CERTIFY , that the foregoing Ordinance No. 13-01 was approved for adoption by the City Council of the City of Westmorland at a regular meeting held on the 1st day of May 2013, and that it was so adopted by the following vote:

Ayes 4 Noes 0 Absent 1

/s/Sally Traylor Sally Traylor, City Clerk

AYES: BRUMMETT, SMITH, RITCHIE AND GRAHAM NAYES: NONE ABSENT: LANDRUM ABSTAIN: NONE MOTION CARRIED 5-0 Date Posted: May 7, 2013

/s/ Sally Traylor

Sally Traylor, City Clerk

This is a true and correct copy of Ordinance No. 13-01. This Ordinance No. 13-01 was posted pursuant to law.

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EXHIBIT A

City of Westmorland Table of Residential Uses

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