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HomeMy WebLinkAbout2014-09ORDINANCE NO. 2014-09 ADDING A NEW SECTION 32 -12 - REASONABLE ACCOMMODATION TO THE DANVILLE MUNICIPAL CODE The Danville Town Council does ordain as follows: SECTION 1 ADDING A NEW SECTION 32 -12 TO THE DANVILLE MUNICIPAL MDR A new Section 32 -12 is hereby added to the Danville Municipal Code to read as follows: 30 -12 REASONABLE ACCOMMODATION. 30 -12.1 Purpose 30 -12.2 Definitions 30 -12.3 Requesting Reasonable Accommodation 30 -12.4 Application Requirements 30 -12.5 Approval Authority - Notice - Decision 30 -12.6 Findings - Other Requirements 30 -12.7 Appeal 30 -12.1- Purpose. It is the Town's policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements. This chapter is based on requirements of the federal and state fair housing laws, and implements the Housing Element of the General Plan. It is distinct from the requirements for a variance set forth in Government Code section 65906 and DMC Section 3 -4, Variance. 30 -12.2 - Definitions. In this chapter: a. Disabled person means a person who has a medical, physical or mental condition that limits a major life activity (as those terms are defined in California Government Code section 12926), anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term "disabled person' does not include a person who is currently using illegal substances, unless he or she has a separate disability. (42 U.S.C. § 3602(h).) b. Fair housing laws means (1) the Federal Fair Housing Act (42 U.S.C. § 3601 and following) and (2) the California Fair Employment and Housing Act (Govt. Code § 12955 and following), including amendments to them. C. Reasonable accommodation means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off - street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation that would (1) impose an undue financial or administrative burden on the Town or (2) require a fundamental alteration in the nature of the Town's land use and zoning program. (Govt. Code § 12927(c)(1), (1) and § 12955(1); 42 U.S.C. § 3604(f)(3)(B); 28 C.F.R. § 35.150 (a)(3).) 30 -12.3 - Requesting Reasonable Accommodation. a. Request. A disabled person may request a reasonable accommodation in the application of the Town's land use and zoning regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing - related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the Town's land use and zoning regulations. b. Availability of information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the Planning Division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Chief of Planning. C. Assistance. If an applicant needs assistance in making the request, the Planning Division will endeavor to provide the assistance necessary to ensure that the process is available to the applicant. d. Balancing rights and requirements. The Town will attempt to balance (1) the privacy rights and reasonable request of an applicant for confidentiality, with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal, in the Town's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. REASONABLE ACCOMMODATION PAGE 2 OF ORDINANCE NO. 2014-09 30 -12.4 - Application Requirements. a. Application. The applicant shall submit a request for reasonable accommodation on a form provided by the Planning Division. The application shall include the following information: (1) The applicant's name, address and telephone number; (2) Address of the property for which the request is being made; (3) The name and address of the property owner, and the owner's written consent to the application; (4) The current actual use of the property; (5) The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical or mental limitations; (6) The rule, policy, practice and/or procedure of the Town for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested; (7) The type of accommodation sought; (8) The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation; (9) Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and (10) Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws. b. Reviezt7 with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as a land use permit, development plan, general plan amendment, rezoning, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the Chief of Planning, before proceeding with the other applications. C. Fee. The fee for an application for reasonable accommodation shall be established by resolution of the Town Council. However, an applicant may submit written information documenting financial hardship and the Chief of Planning may reduce or waive the established fee based on financial hardship. 30 -12.5 - Approval Authority - Notice - Decision. a. Approval authority. REASONABLE ACCOMMODATION PAGE 3 OF ORDINANCE NO. 2014-09 (1) Chief of Planning. The Chief of Planning has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this section, or when a reasonable accommodation request includes an encroachment into the required minimum yard setback areas, maximum height requirements, or whenever a reduction in required parking is requested. The Chief of Planning may refer the matter to the Planning Commission or to the Design Review Board if the proposed accommodation is visible from the street fronting the property. (2) Planning Commission. Upon referral by the Chief of Planning or an appeal of the Chief of Planning's action, the Planning Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this section, or when a reasonable accommodation request includes an encroachment into the required minimum yard setback areas, maximum height requirements, or whenever a reduction in required parking is requested. b. Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the Chief of Planning. Requests for reasonable accommodation subject to review by the Planning Commission require advance notice and a public hearing pursuant to the requirements of DMC subsection 30 -3.3. C. Decision. The Chief of Planning shall render a decision or refer the matter to the Planning Commission within 30 days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in DMC subsection 30 -12.6. The decision shall be in writing and mailed to the applicant and to all residents and property owners within 350 feet of the project site. If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the Chief of Planning's determination regarding reasonable accommodation, unless the reasonable accommodation request has been referred by the Chief of Planning to the Planning Commission for consideration. If the application for reasonable accommodation is referred to, or reviewed by, the Planning Commission, a decision to approve, approve with conditions or deny the application shall be rendered at the conclusion of the Planning Commission's deliberations, based on the findings set forth in DMC subsection 30 -12.6. 30 -12.6 - Findings - Other Requirements. REASONABLE ACCOMMODATION PAGE 4 OF ORDINANCE NO. 2014-09 a. Findings. The reviewing authority shall approve the application, with or without conditions, if it can make the following findings: (1) The housing will be used by a disabled person; (2) The requested accommodation is necessary to make specific housing available to a disabled person; (3) The requested accommodation would not impose an undue financial or administrative burden on the Town; and (4) The requested accommodation would not require a fundamental alteration in the nature of a Town program or law, including land use and zoning. b. Other requirements. (1) An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations. (2) A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land. (3) Where appropriate, the reviewing authority may condition its approval on any or all of the following: a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval; b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists; C. Time limits and /or expiration of the approval if the need for which the accommodation was granted no longer exists; d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists; e. Measures to reduce the impact on surrounding uses; f. Measures in consideration of the physical attributes of the property and structures; g. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height or the reduction of required on -site parking; and h. Other conditions necessary to protect the public health, safety and welfare. 30 -12.7 - Appeal. A decision by the Chief of Planning may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the Town Council in accordance with the appeal procedures of DMC Section 30 -7. REASONABLE ACCOMMODATION PAGE 5 OF ORDINANCE NO. 2014-09 SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. The foregoing Ordinance was introduced on September 16, 2014 and approved and adopted by the Danville Town Council at a regular meeting held on October 7, 2014, by the following vote: AYES: Storer, Doyle, Arnerich, Morgan, Stepper NOES: None ABSTAIN: None ABSENT: None APPROVED AS TO FORM: CITY ATTORNEY W` r... -M`A— YOR ATTEST: CITY CL CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2014 -09 of said Town and that said ordinance was published according to law. Dated: J 3 City Clerk of Town of Dane REASONABLE ACCOMMODATION PAGE 6 OF ORDINANCE NO. 2014-09