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Home My WebLink About021825-08.1 ADMINISTRATIVE STAFF REPORT 8.1 TO: Mayor and Town Council February 18, 2025 SUBJECT: Ordinance No. 2025-01, Amending Sections 32-71.3a, 32-71.5 and 32-71.7 of the Danville Municipal Code Establishing the Process for Considering Reasonable Accommodation Under the Town Zoning Ordinance DESCRIPTION Reasonable accommodation means providing individuals with disabilities flexibility in the application of land use, zoning, and building regulations, policies, practices and procedures, or waiving certain requirements when it is necessary to eliminate barriers to housing opportunities. An individual with a disability is someone who has a physical or mental impairment that limits major life activities. The federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act require local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing. In addition, CA Gov Code 65583(c)(3) requires that every city’s Housing Element contain a program that: Remove(s) constraints to, or provide(s) reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. As part of the State mandated Affirmatively Furthering Fair Housing (AFFH) chapter of the Town’s 2023-2031 Housing Element, the Town committed to several polices related to fair housing. The Town’s Housing Element Implementation Plan (Appendix G of the Housing Element), Policy 7.1.Q states that: In order to further streamline the reasonable accommodation process, the Town will amend the Reasonable Accommodation Ordinance to provide for ministerial rather than administrative review process. With these changes, reasonable accommodation requests will be reviewed at a staff level only, with no public notification. The Town adopted the existing Reasonable Accommodation Ordinance in 2014 (Municipal Code Section 32-71). Over the ten year period, the Town has approved approximately 12 Reasonable Accommodation requests. Approved Reasonable Accommodation requests included: reduced sideyard and frontyard setback to allow for ZTA24-0002 2 February 18, 2025 Reasonable Accommodation Ordinance wheelchair ramps; reduced interior minimum two-car garage dimensions to allow a lift to provide access to the second floor; and reduced setbacks for an accessory dwelling unit to allow wheelchair access. The Danville Planning Commission reviewed this request during their meeting on January 28, 2025, and recommended that the Town Council approve this Zoning Text Amendment. BACKGROUND The Town’s existing Reasonable Accommodation Ordinance requires administrative approval of Reasonable Accommodation requests. This includes the mailing of an Appealable Action Letter to property owners within 350 feet of the site, and the provision of a ten day appeal period. This provides neighbors the ability to appeal any decision to the Planning Commission. The proposed revisions would allow a request for Reasonable Accommodation to be approved at a staff level, with no public notification, if the required findings can be made. This modification would streamline the approval process and provide more certainty to the applicant. PUBLIC CONTACT Notice of this hearing was published in a newspaper of general circulation. Posting of the meeting agenda serves as notice to the general public. RECOMMENDATION Introduce and read by title only Ordinance No. 2025-01, Amending Sections 31-71.3a, 32- 71.4b, 32-71.7 of the Danville Municipal Code Establishing the Process for Considering the Reasonable Accommodation Under the Town Zoning Ordinance. Prepared by: David Crompton Chief of Planning Attachments: A - Ordinance No. 2025-01 ORDINANCE NO. 2025-01 AMENDING SECTIONS 32-71.3a, 32-71.4b, 32-71.5 AND 32-71.7 OF THE DANVILLE MUNICIPAL CODE ESTABLISHING THE PROCESS FOR CONSIDERING REASONABLE ACCOMMODATION UNDER THE TOWN ZONING ORDINANCE The Danville Town Council does ordain as follows: SECTION 1. AMENDING SECTIONS 32-71.3a, 32-71.4b, 32-71.5 and 32-71.7 OF THE DANVILLE MUNICIPAL CODE. Sections 32-71.1, 32-71.2, 32-71.3a, 32-71.4b, 32-71.5 and 32-71.7 of the Danville Municipal Code are hereby amended to read as follows: 32-71 REASONABLE ACCOMMODATION 32-71.1 Purpose It is the policy of the Town, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the Town to comply fully with the intent and purpose of fair housing laws. 32-71.2 Applicability Reasonable accommodation in the land use and zoning context means providing 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. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her 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. Docusign Envelope ID: 8A1271DF-CDBD-4DBB-826B-DE63FFFF0766 ATTACHMENT A PAGE 2 OF ORDINANCE NO. 2025-01 32-71.3 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 land use permit when otherwise required or result in approval of uses otherwise prohibited by the Town's land use and zoning regulations. A reasonable accommodation without the need for the approval of a variance, conditional use permit, or other discretionary permit may be granted be a ministerially in compliance with this Chapter. 32-71.4 Application Requirements. a. Review 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 may submit the information required by subsection a. at the same time as the application for the required discretionary permit. b. Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. 32-71.5 Approval Authority; Notice; Decision. a. Approval authority. 1. Chief of Planning. A request for reasonable accommodation shall be reviewed by the Chief of Planning or their designee, if no approval is required other than the request for reasonable accommodation. The Chief of Planning or their designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation based on the findings set forth in Danville Municipal Code subsection 32-71.6. The decision shall be in writing and sent to the applicant. b. Notice. Reasonable Accommodation requests acted upon by the Chief of Planning are ministerial, requiring no public notification. Docusign Envelope ID: 8A1271DF-CDBD-4DBB-826B-DE63FFFF0766 PAGE 3 OF ORDINANCE NO. 2025-01 32-71.6 Findings; Other Requirements. a. Findings. The Chief of Planning 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; Docusign Envelope ID: 8A1271DF-CDBD-4DBB-826B-DE63FFFF0766 PAGE 4 OF ORDINANCE NO. 2025-01 (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. 32-71.7 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 Danville Municipal Code Section 32-4.7. SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. SECTION 3. 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. SECTION 4. 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. Docusign Envelope ID: 8A1271DF-CDBD-4DBB-826B-DE63FFFF0766 PAGE 5 OF ORDINANCE NO. 2025-01 The foregoing Ordinance was introduced on February 18, 2025, and approved and adopted by the Danville Town Council at a regular meeting held on March 4, 2025, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: 8A1271DF-CDBD-4DBB-826B-DE63FFFF0766 PAGE 6 OF ORDINANCE NO. 2025-01 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. 2025-01 of said Town and that said ordinance was published according to law. Dated: __________________________ _________________________________ City Clerk of the Town of Danville Docusign Envelope ID: 8A1271DF-CDBD-4DBB-826B-DE63FFFF0766