The ordinance codified in this title shall be known as the Zoning Ordinance.

The ordinance codified in this title is adopted pursuant to Chapter 4 of Title 7 of the Government Code of the State of California.

No building or part thereof or other structure shall be erected, altered, reconstructed, moved in, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than as permitted in the zone in which such building, structure, land or premises is located.

No yard or other open space provided about any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for a building or any other building site.

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 so long as the requested flexibility or waiver would not require a fundamental alteration in the nature of the city's land use and zoning and building regulations, policies, practices, procedures, and the City's certified Local Coastal Program.

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.

In order to make housing available to an individual with a disability, any eligible person may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

Requests for reasonable accommodation shall be in writing and provide the following information:

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.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not at issue in the requested accommodation.

If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

Requests for reasonable accommodation shall be reviewed by the Community Development Director.

The Community Development Director shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection L.

If necessary to reach a determination on the request for reasonable accommodation, the Community Development Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Community Development Director's findings on the criteria set forth in subsection L. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

The written decision of the Community Development Director shall be final unless an applicant appeals it to the City Council.

If the Community Development Director fails to render a written decision on the request for reasonable accommodation within the thirty-day time period allotted by subsection J, the request shall be deemed granted.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Within thirty days of the date of the Community Development Director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.

All appeals shall contain a statement of the grounds for the appeal. 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.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

If ambiguity or uncertainty arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to matters of height, yard requirements, area requirements or other requirements of this title as they may pertain to unforeseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts and, by resolution, set forth its findings and its interpretation, and such interpretation shall govern, unless appealed to the City Council. Such findings shall set forth a determination that the proposed interpretation is consistent with the goals and policies of the General Plan, Coastal Act, the proposed zone in which it is to be located, and the certified Local Coastal Program.

Any interested party may initiate an action under this section by submitting a letter to the Community Development. The issue shall be considered at the next available Planning Commission meeting.