Chapter 8.38

8.38.010 Purpose and Intent.

The purpose and intent of this Chapter is to provide reasonable accommodations in the application of the Zoning Ordinance to persons with disabilities who are seeking fair access to housing. Ord. 4-11 (April 2011)

8.38.020 Applicability.

Persons protected under the Federal Fair Housing Amendments Act of 1988 and/or California Fair Employment and Housing Act (hereinafter “Fair Housing Laws”) may request reasonable accommodations when the strict application of the Zoning Ordinance acts as a barrier to fair housing opportunities. Ord. 4-11 (April 2011)

8.38.030 Permitting Procedures.

An application for reasonable accommodations that meets the Development Standards and Regulations contained in this Chapter shall be reviewed ministerially through a Zoning Clearance and shall not be subject to discretionary review or a public hearing. An application for a Zoning Clearance shall be approved, approved with modifications or denied within 45 days of a complete application being submitted. Ord. 4-11 (April 2011)

8.38.040 Application Requirements.

A request for reasonable accommodations must be filed on an application form provided by the Community Development Department, shall be signed by the owner of the property and shall include, at a minimum, the following information:

A.    The applicant’s name, address and phone number;

B.    The address for the property for which the reasonable accommodation request is being made;

C.    The current use of the property;

D.    The basis for the claim that the Fair Housing Laws apply to the person(s) requesting the reasonable accommodations and evidence supporting the claim which may include a letter from a medical doctor or other licensed health care professional, a disabled person license or other appropriate evidence which establishes that the person(s) needing the reasonable accommodation is disabled pursuant to Fair Housing Laws;

E.    A description of how the property will be used by the person(s) requesting reasonable accommodations;

F.    The specific reason the requested accommodation is necessary to make a particular dwelling available to the disabled person(s);

G.    The Zoning Ordinance provision from which reasonable accommodation is being requested;

H.    Verification that the property is the primary residence for the person(s) for whom the reasonable accommodation is requested. Ord. 4-11 (April 2011)

8.38.050 Development Standards and Regulations.

A Zoning Clearance shall be issued if the request for reasonable accommodations complies with the following development standards and regulations:

A.    Zoning Districts. The request for reasonable accommodations is for a legally established residential dwelling located in an agricultural, residential or comparable Planned Development Zoning District.

B.    Occupancy. The residential dwelling is the primary residence of the person(s) requesting the reasonable accommodations and such persons have been determined to be protected under Fair Housing Laws.

C.    Design Compatibility. Any exterior modification to the dwelling is designed to be compatible with the architectural character, colors and texture of the dwelling and surrounding neighborhood.

D.    Side Yard Setbacks. For additions to a dwelling, a minimum side yard setback of 5-feet is maintained.

E.    Rear Yard Setbacks. For additions to a dwelling, a minimum rear yard setback of 10-feet is maintained.

F.    Lot Coverage. The maximum lot coverage does not exceed 50% for a one-story dwelling or 45% for a two-story dwelling.

G.    Uncovered Access Ramp. An uncovered access ramp may be located within a front, side or rear yard setback so long as the height of the ramp does not exceed the grade level finish floor of the dwelling. Ord. 4-11 (April 2011)

8.38.060 Other Discretionary Permits.

No other discretionary permit shall be required for requests for reasonable accommodations if the above development standards and regulations can be met. If the above development standards and regulations cannot be met, an application for Site Development Review may be applied for and processed in accordance with the provisions of the Zoning Ordinance. Ord. 4-11 (April 2011)

8.38.070 Site Development Review.

Where Site Development Review is requested for reasonable accommodations, all required findings contained in Chapter 8.104 (Site Development Review) shall apply and the following additional findings shall be made in approving the request:

A.    The parcel and/or housing, which are the subject of the reasonable accommodation request, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

B.    The request for reasonable accommodations is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

C.    The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D.    The requested reasonable accommodation will not require a fundamental alteration of the zoning laws of the City.

E.    The requested reasonable accommodation will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare.

F.    The requested reasonable accommodation will not be injurious to property or improvements in the neighborhood. Ord. 4-11 (April 2011)