Ord 699
ORDINANCE NO. 699
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
ADDING ARTICLE IV TO CHAPTER 17.26, SPECIAL USES, OF TITLE 17
OF THE POWA Y MUNICIPAL CODE
ESTABLISHING REASONABLE ACCOMMODATION
REOUESTPROCEDURES
(ZONING ORDINANCE AMENDMENT 09-02)
WHEREAS, the Federal Fair Housing Act and the State Fair Employment and
Housing Act require local governments to allow for reasonable accommodation, or
modification or exception, in their zoning regulations where the accommodation is
necessary for a disabled person to have equal opportunity to housing; and
WHEREAS, the City Council seeks to add Article IV to Chapter 17.26 of Title 17
(Zoning) of the Poway Municipal Code to establish procedures through which a disabled
person could request a modification to a zoning or development standard to comply with
Federal and State law; and
WHEREAS, adoption of this ordinance is consistent with the City of Poway 2005-
2010 Housing Element of the General Plan in that it will implement Program 10 of the
Element; and
WHEREAS, on October 20, 2009 and November 3, 2009, the City Council held a
duly advertised public hearing to solicit comments from the public, both pro and con,
relative to this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance is exempt from
the provisions of the California Environmental Quality Act (CEOA), pursuant to Section
15061(b) (3) of the CEQA Guidelines, because there is no possibility that the activity in
question will have a significant effect on the environment.
Section 2: Chapter 17.26 of the Poway Municipal Code is amended to add the
following:
Article IV. Requests for Reasonable Accommodation under the Fair Housing Act
17.26.500 Purpose.
This Article provides a procedure to request reasonable accommodation 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) in the application of zoning laws
and other land use regulations, policies and procedures.
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17.26.510 Definitions
As used in this Article:
"Acts" means the Federal Fair Housing Amendments Acts of 1988 and the California Fair
Employment and Housing Act.
"Applicant" means an individual who files an application for reasonable accommodation
under this article.
"Individual with a disability" means any person who has a medical condition, physical
disability, or mental disability as those terms are defined in the California Fair
Employment and Housing Act (California Government Code Section 12900 et seq).
17.26.520 Applicability
A. A request for reasonable accommodation to make specific housing available to an
individual with a disability may be made by any person, when the application of a
requirement of a zoning or land use regulation or other City requirement, policy or
practice acts as a barrier to fair housing opportunities.
B. A request for reasonable accommodation may include a modification or exception
to the rules, standards and practices for the siting, development and use of
housing or housing-related facilities that would eliminate regulatory barriers and
provide a person with a disability equal opportunity to housing of their choice.
This article is intended to provide for minor structural modifications and/or
regulatory exceptions.
C. A reasonable accommodation cannot waive a requirement for a conditional use
permit or development review permit when otherwise required, or result in
approval of a use otherwise prohibited by the City's land use and zoning
regulations.
D. Nothing in this Article shall be interpreted to require the City to waive or reduce
development or building fees associated with the granting of a reasonable
accommodation request.
E. A reasonable accommodation may be granted in compliance with this Article
without the need for approval of a Variance in compliance with Chapter 17.50.
F. A request for reasonable accommodation shall comply with Section 17.26.530
(Application Requirements).
17.26.530 Application Requirements
A. Application. Requests for reasonable accommodation requIring review by the
Director shall be submitted in the form of an Administrative Remedy Letter request
to the Director and shall contain the information listed below. All other requests
shall require the approval of a Minor Development Review by the City Council
pursuant to PMC Chapter 17.52 and shall contain the following information in
addition to the submittal requirements for a Minor Development Review.
Ordinance No. 699
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1. The applicant's name, address and phone number;
2. Applicant's representative's name, address and phone number (if
applicable);
3. Address and/or Assessor's Parcel Number of the property for which the
request is being made;
4. Name and address of the property owner and the property owner's written
consent to the application;
5. The current actual use of the property;
6. The basis of the claim that the individual is considered disabled under the
Acts;
7. The zoning provision, regulation or policy from which the reasonable
accommodation is being requested;
8. The type of accommodation sought;
9. The reasons why the requested reasonable accommodation is necessary to
make the specific property accessible to the individual; and
10. Copies of supportive information deemed necessary by the Department of
Development Services to facilitate proper consideration of the request,
consistent with the Acts.
B. Review with other land use applications. If the project for which the request for
reasonable accommodation is being made also requires some other discretionary
approval (including, but not limited to, Conditional Use Permit, Minor Conditional
Use Permit, Development Review, Minor Development Review, General Plan
Amendment, Zone Change, etc.), then the applicant shall file the information
required by this Section 17.26.530, together for concurrent review with the
application for discretionary approval.
C. Application fee. The application fee for a request for reasonable accommodation
shall be the same as the fee for an Administrative Remedy Letter or Minor
Development Review, as appropriate, as contained on the City's Master Fee
Schedule unless the request is being made concurrently with an application for
some other discretionary approval, in which case, the applicant shall pay only the
required application fee for the discretionary approval.
17.26.540 Approval Authority, Notice and Decision
A. Approval Authority
1. Director. The Director of Development Services, or designee, 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 Article, except as noted in Section 17.26.540A2.
2. City Council. The City Council 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 Article, when a reasonable
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Page 4
accommodation request entails new construction or the expansion of an
existing structure that would otherwise require the approval of a Variance
pursuant to PMC Chapter 17.50 or where a modification to a grading
standard is requested.
B. Notice. A notice to the immediately adjacent property owners is required at least
10 days in advance of a decision of the Director or a meeting of the City Council
unless the request is being made concurrently with an application for discretionary
approval in which case the notice shall be as required pursuant to that
discretionary approval.
C. Decision. The Director shall make a written determination within 45 days of the
application being deemed complete and either grant, grant with modifications, or
deny a request for reasonable accommodation in compliance with Section
17.26.550 (Findings and Conditions). If the application is reviewed by the City
Council, the City Council shall consider an application at the next reasonably
available public meeting after an application has been deemed complete. A
decision to approve, approve with conditions, or deny the application shall be
made in compliance with the findings set for the in Section 17.26.550 (Findings
and Conditions).
17.26.550 Findings and Conditions.
A. Findings. The written decision to approve, approve with modifications or
conditions, or deny a request for reasonable accommodation will be consistent
with the Acts and shall be based on consideration of the following factors:
1. Whether the housing in the request will be used by an individual with a
disability under the Acts;
2, Whether the request for reasonable accommodation is necessary to make
specific housing available to an individual with a disability under the Acts;
3. Whether the requested reasonable accommodation would impose an
undue financial or administrative burden on the City;
4. Whether the requested reasonable accommodation would require a
fundamental alteration in the nature of a City program or law, including but
not limited to land use and zoning;
5. Potential impacts on surrounding uses;
6. Physical attributes of the property and structures; and
7. Whether there are other reasonable accommodations that may provide an
equivalent level of benefit
B. Conditions of Approval. In granting a request for reasonable accommodation, the
review authority may impose any conditions of approval deemed reasonable and
necessary to ensure that the reasonable accommodation would comply with the
findings required by subsection A above. The reviewing authority may condition
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Page 5
the approval on any or all of the following, or other conditions as deemed
appropriate.
1. 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;
2. Time limits and/or expiration of the approval if the need for which the
accommodation was granted no longer exists;
3. Recordation of a deed restriction requiring removal of the accommodating
feature once the need for it no longer exists;
4. Measures to reduce the impact on surrounding uses;
5. Identification of other reasonable accommodations that may provide an
equivalent level of benefit; and
6. Other conditions necessary to protect the public health, safety and welfare.
17.26.560 Appeal of Determination
A determination to grant or deny a request for reasonable accommodation may be
appealed in compliance with Chapter 2.20 of the Poway Municipal Code. Decisions of
the City Council are final.
Section 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
the date of this passage; and before the expiration of fifteen (15) days after its passage, it
shall be published once with the names and members voting for and against the same in
the Poway News Chieftain, a newspaper of general circulation published in the City of
Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 20th day of October 2009, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 3rd day of November 2009.
c-
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Don Higginson, Mayor I r
ATTEST:
Ordinance No. 699
Page 7
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 699, was duly adopted by the City Council at a meeting of said
City Council held on the 3rd day of November 2009, and that it was so adopted by the
following vote:
AYES: BOYACK (via Teleconferencing), CUNNINGHAM, REXFORD,
KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE