B. Applicability.A zoning clearance from the Community Development Director, or designee, shall be obtained:

C. Review Procedures.Zoning clearance permits are reviewed and issued by the Community Development Department. Other City departments, such as the Fire Department, will be notified when a zoning clearance permit application has been submitted and will contact the applicant if additional permits or inspections are required.

D. Validity.A zoning clearance permit remains valid as long as the land use, business operations, building occupancy classification, and location do not change. (Ord. 3702 § 3, 2025; Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

C. Zoning Administrator Approval.

A. Indemnification Agreement.

B. Indemnification Applicable Even if Applicant Fails or Refuses to Enter Into Agreement.Even if the applicant for a discretionary approval described in subsection A of this section fails or refuses to enter into the agreement specified in subsections (A)(1) and (A)(2) of this section, that applicant, or the owner of the subject property if different from the applicant, shall, as a condition to any of the approvals specified below:

C. Notice.Notice of the hearing shall be given in the following manner: (Ord 3326, 06/2003):

D. Contents of Notice.The notice of public hearing shall contain:

E. Multiple Applications.When applications for multiple Use Permits or variances on a single site are filed at the same time, the Community Development Director shall schedule a combined public hearing. (Ord. 3653 § 19, 2022; Ord. 3586 § 5, 2018; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

B. Decision and Notice.At the conclusion of a public hearing, the Planning Commission or the Community Development Director shall approve, conditionally approve, or disapprove the application. Notice of the decision shall be mailed to the applicant and any other party requesting such notice within 10 days of the date of the decision becoming effective. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

A. For Use Permits.

B. For Variances.

A.Achieve the general purposes of this ordinance or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;

B.Protect the public health, safety, and general welfare; or

C.Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 3424 § 1, 2009)

A. Purpose.The purpose of Planned Unit Development (PUD) approval is to encourage innovative planning for residential, commercial, or industrial development. Diversification is allowed in the relationships of various buildings, structures, and open spaces and planned building groups, and the allowable heights of buildings and structures, while ensuring substantial compliance to the zone regulations and other provisions of this chapter. In determining the development intensity in a Planned Unit Development, undevelopable land shall be excluded.

B. Initiation of Planned Unit Development Approval.Planned Unit Development approval shall be initiated by filing the following items with the City Manager or Designee:

C. Notice and Public Hearing.

E. Required Findings.The Planning Commission shall approve an application for a Planned Unit Development as was applied for or in modified form, if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission find:

F. Conditions of Approval.In approving a Planned Unit Development, the Planning Commission may impose reasonable conditions. Conditions may include a performance bond of not more than 10% of the estimated cost of the Planned Unit Development. Any Planned Unit Development, as authorized, shall be subject to all conditions imposed and shall be excepted from other provisions of the chapter only to the extent specified in the permit. (Ord. 3424 § 1, 2009)

B. Lapse of Approval.A Use Permit or variance shall lapse two years or at an alternative time specified as a Condition of Approval after its date of approval unless:

C. Transferability.The validity of a Use Permit or a variance shall not be affected by changes of ownership.

D. Discontinuance.A Use Permit or variance shall lapse if the exercise of rights granted by it is discontinued for 18 consecutive months.

E. Revocation.A Use Permit or variance that is exercised in violation of a Condition of Approval or a provision of this ordinance may be revoked, as provided in Section 38-221. (Ord. 3424 § 1, 2009)

A. Project Reconsideration.Any Planning Commissioner or Councilmember who voted with the majority may move for reconsideration of any project action at the same meeting or at the next regular meeting. Any request for reconsideration at the next meeting must be made in writing, must set forth the reasons for the request and be received by the Planning Secretary or City Clerk for City Council before the Agenda deadline for the next scheduled meeting to ensure Brown Act compliance.

B. Project Reopening.

The required findings to determine whether the project should be reopened include:

A.Any owner of real property may request and apply through the Community Development Department to enter into a development agreement; provided, that:

B.The Community Development Director is hereby empowered to receive, review, process and prepare, together with recommendations for Planning Commission and City Council consideration, all applications for development agreements. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

A.A development agreement entered into in compliance with this Article shall contain the mandatory provisions set forth in Government Code Section 65865.2

B.A development agreement entered into in compliance with this Article shall contain those permissive provisions set forth in Government Code Section 65865.2, as required by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

B.Upon receipt of the Planning Commission’s recommendation, the City Clerk shall set the application, draft agreement, and written report for public hearing before the City Council. The public hearing on the development agreement may be held concurrently with the hearing of an accompanying development project. Following conclusion of the public hearing the Council shall approve, conditionally approve or disapprove the application and draft development agreement.

C.Should the City Council approve or conditionally approve the application and draft agreement, it shall as a part of its action, direct the preparation of a final development agreement embodying the terms and conditions of the draft as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the City Manager.

D.The ordinance shall contain findings that:

A.The City shall execute development agreements on or after the effective date of the ordinance approving the agreement.

B.A development agreement shall be recorded in the office of the county recorder no later than 10 days after it is executed.

A.Every development agreement approved and executed in compliance with this section shall be subject to annual City review, during the full term of the agreement. Appropriate fees to cover the City’s costs to conduct the periodic reviews shall be collected from the applicant in compliance with City Resolution.

C.If, as a result of periodic review the City Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the City Council may order, after a noticed public hearing, that the agreement be terminated or modified. (Ord. 3424 § 1, 2009)

A.Unless otherwise provided by the development agreement itself, the rules, regulations, and official policies governing allowed uses of the land, density and intensity of use, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

B.A development agreement does not prevent the City, in subsequent actions, from applying new rules, regulations, and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

A.If any development agreement is amended during its term, any change shall be consistent with the provisions of the general plan and any applicable specific plan.

B.If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the general plan as of the adoption date of the amended development agreement.

A.Determine if an application is complete enough to be placed on a public hearing agenda.

C.Familiarize department representatives on the Development Review Committee with proposed projects and provide an opportunity for an exchange of views on project characteristics and conditions of development approval.

D.Allow Committee members to discuss potentially significant environmental impacts, the nature of mitigation measures, and the need for background studies to be submitted with the application. (Ord. 3424 § 1, 2009)

A. Basic Requirement.Development Plan Review shall be required for all applications that would benefit from such review, as determined by the Chief of Planning, Engineering and Environmental Compliance or the Planning Commission. Qualifying applications include, but are not limited to, new development, Use Permits, Variances, Subdivisions, Lot Line Adjustments, or Encroachments.

B. Waiver.The Chief of Planning, Engineering and Environmental Compliance may waive initial or final Development Review Committee review upon determining that neither the applicant nor City staff would benefit from such review due to minimal impact of a project. (Ord. 3430 § 2, 2009; Ord. 3424 § 1, 2009)

A. Establishment and Composition.A Development Review Committee (DRC) is hereby established. The DRC shall be composed of the following persons or their representatives:

The DRC may include representatives of other City departments of other public agencies, at the invitation of the Chair or any other DRC member.

B. Meetings.DRC meetings shall be scheduled during business hours at the time and place convenient to the DRC. (Ord. 3424 § 1, 2009)

C. Required Conditions.The DRC shall ensure that the following exist or will be provided:

D.The Chief Building Inspector shall withhold final approval and acceptance of, and final clearance of, public utility connections to any structure until final DRC approval is granted and all of the applicable conditions of DRC approval are met.

E. Deferred Improvements.If, because of special or unusual circumstances, an applicant believes that the construction of improvements required by the DRC should be deferred, the applicant may apply to the DRC for the deferment of construction. Upon receipt of the application, the DRC shall determine whether deferment of construction is warranted and may grant up to one year for completion of required improvements. A one-year extension may be granted for hardship. If a deferment is granted, the applicant shall furnish a performance bond, cash deposit, or similar guarantee acceptable to the City, to insure that the work will be performed.

F. Building Permit Issuance.No building permits shall be issued until final plans of projects subject to review by the DRC have been submitted to and approved by members of the DRC.

G. Occupancy.No Certificate of Occupancy shall be issued until all improvements required by the Development Review Committee have been constructed or satisfactory guarantee furnished for their construction.

H. Appeal.The decisions of the DRC may be appealed by the applicant to the Planning Commission. (Ord. 3424 § 1, 2009)

A.Architectural review is required for the following projects:

B.The following projects are exempt from architectural review:

A. Minor and Major Architectural Review.The Architectural Review Committee shall adopt and maintain a list of project types that are eligible for either minor or major architectural review. Minor and major architectural review shall be conducted as follows:

B. Administrative Approval.Architectural review for qualifying housing developments in the Multifamily Overlay District and Regional Housing Needs Assessment Overlay District shall be conducted administratively by the Community Development Director or designee. The following process shall apply to administrative review of housing projects:

C. Multiple Entitlements.When a project requires architectural review and a use permit, variance, or other review or approval from the Planning Commission, a joint meeting of the Architectural Review Committee and Planning Commission may be convened at the discretion of the Community Development Director or designee. The purpose of these joint meetings is to foster discussion about the project as a whole, and help both boards make more informed decisions. In the course of these joint meetings, requested entitlements shall be considered individually by the Planning Commission or the Architectural Review Committee, as appropriate, and separate actions, findings, and conditions of approval shall be made and assigned for each considered entitlement. The Planning Commission shall take all actions prior to the Architectural Review Committee.

D. Noticing Requirements.When an application for architectural review includes construction of a new building, an increase in height, or addition of floor area, written notices shall be sent by U.S. Mail at least 10 days prior to the public meeting or administrative decision to all owners of property located within 100 feet of the perimeter of the project site. In addition, story poles and netting shall be installed at least 10 days before the public meeting or administrative decision for the following project types:

A. Preliminary Review.

B. Final Review.

In the event of a conflict between the General Plan and area or neighborhood plans, the General Plan is the controlling document; however, area or neighborhood plan policies and programs that are more precise but consistent with the General Plan have the same standing as General Plan policies. (Ord. 3458 § 1, 2010)

A. Construction and Maintenance.The approved project shall be constructed and maintained indefinitely as shown on the approved plans unless a formal request for revision or a subsequent application is approved by the Architectural Review Committee or City Manager, as applicable. Approvals by any other department, division, board, or agency, within the City of Monterey or otherwise, that are inconsistent with the approved conditions shall not be considered to supersede or negate the Architectural Review Committee approval. Failure to maintain the project in its approved condition constitutes a violation of the Municipal Code.

B. Duration and Extension.If a building or grading permit has not been granted, or if a project not requiring a building or grading permit has not been completed within two years of the date of final review approval, or if a complete application for final review is not submitted within two years of the date of preliminary review approval, the approval shall be null and void, unless extended by the Architectural Review Committee or the City Manager or designee, whomever granted the original approval. Requests for extensions shall be made in writing prior to the expiration date.

C. Effective Date and Appeals.Architectural Review Committee decisions shall become effective on the tenth day after the date of a decision, unless appealed by the applicant or other interested party under the provisions of Article 27. (Ord. 3458 § 1, 2010)

A. Zoning Map.Amendments to the zoning map shall be initiated by motion of the City Council or Planning Commission, action of the Community Development Director, or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the petition.

B. Zoning Regulations.Amendments to the zoning regulations shall be initiated by motion of the City Council or the Planning Commission, action of the Community Development Director, or by application of any resident, property owner or business owner in the city.

C. Zoning of Annexed Land.The Community Development Director shall conduct a study to determine the most appropriate General Plan designation for land proposed for annexation to the city, and shall recommend prezoning consistent with the General Plan designation. If prezoning is approved by the Planning Commission and the City Council, the zoning shall become effective upon annexation. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

B. Notice of Hearing.

C. Contents of Notice.Notices required by this section shall contain:

D. Multiple Applications.The Planning Commission may schedule a combined public hearing on multiple applications for zoning map or text amendments. (Ord. 3424 § 1, 2009)

B. Recommendation to City Council.Following the public hearing, the Commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the General Plan and the purposes of this ordinance and shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in a modified form. (Ord. 3424 § 1, 2009)

A. Hearing Date and Notice.Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment to the zoning regulations or map, the City Manager shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within 45 days of the date of filing of the Commission recommendation. The City Clerk shall give notice of such hearing, as required by Section 38-197.

B. Public Hearing.At the time and place set for the public hearing, the Council shall hear evidence for and against the proposed amendment. The Council may continue the public hearing to a definite date and time without additional notice.

C. Council Decision.After the public hearing, the Council shall approve, modify, or reject the Commission recommendation; provided, that a significant modification not previously considered by the Commission shall be referred to the Commission for a report prior to adoption of an ordinance amending the zoning regulations or map. Failure of the Planning Commission to report within 40 days after referral or such longer period as may be designated by the Council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance, the Council shall make findings that the proposed regulation or map amendment is consistent with the policies of the General Plan and the notice and hearing provisions of this ordinance.

A. Revisions.At or after a public hearing, the Commission or the Council may initiate a change of zone or amendment to the Zoning Regulations by determining that the public interest would be served by:

B. Supplemental Notice.Notice shall be given prior to a hearing on a revised amendment in accord with Section 38-197.

A.Upon receipt of the notice of appeal, the City Council shall set the matter for hearing within 45 days from the date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant at least 10 days prior to the date of the hearing; except that, for wireless facilities, notice will be provided at least three business days prior to the date of the hearing. The date of hearing may be extended only upon written consent of the original applicant; however, once begun, a hearing may be continued if the City Council or Planning Commission needs further information to facilitate a fair and adequate determination of the appeal.

The City Clerk shall cause notice of the time, place, and purpose of the hearing to be given, as follows:

Failure of parties to receive notice of hearing shall in no way affect the validity of action taken.

Prior to such hearing, a full record in writing shall be submitted to the City Clerk by the body whose action is appealed setting forth reasons for the action taken, and said body shall further present at the hearing all exhibits, notices, petitions, and other papers and documents on file with said body.

C.Upon receipt of the notice of appeal of an administrative action that involves architectural review matters, the Community Development Department shall set the appeal for hearing before the Architectural Review Committee within 45 days from the date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant, appellant, and to the administrator whose action is appealed consistent with current Architectural Review Committee procedures. (Ord. 3653 § 19, 2022; Ord. 3586 § 4, 2018)

A.Except as noted herein, a use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this article, or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this article.

B.A structure, lawfully occupying a site on the effective date of the ordinance codified in this article, or of amendments thereto, that does not conform with the standards for front yards, side yards, rear yards, height, or floor area of structures, driveways, courts, or open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this article.

C.A use that does not conform with the parking, loading, planting area, or screening regulations of the district in which it is located shall not be deemed a nonconforming use solely because of these nonconformities.

D.Routine maintenance and repairs may be performed on a structure, the use of which is nonconforming; and on a nonconforming structure.

A.Except as noted herein, no structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, provided, however, the Planning Commission may allow a structure housing a nonconforming residential use in an R district to be altered and enlarged by adding not more than 10 percent of the existing habitable floor area, provided that the number of dwelling units is not increased.

B.No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

C.No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site, or another structure or site which it did not occupy on the effective date of the ordinance codified in this article, or of the amendments thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

E.The nonconforming use of a structure or site may be changed to another nonconforming use after a duly noticed hearing, if the Planning Commission makes the findings required by Section 38-161(A) and issues a use permit.

F.No use which fails to meet the performance standards of Section 38-111 shall be enlarged or extended unless the enlargement or extension will result in elimination of nonconformity with required conditions. (Ord. 3424 § 1, 2009)

B.Whenever a structure that does not comply with the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the zone in which it is located, is voluntarily razed, or is required by law to be razed, the structure shall not be restored and the nonconforming use shall not be resumed. (Ord. 3424 § 1, 2009)

B. Notice and Public Hearing.Notice shall be given in the same manner required for a public hearing to consider approval. Contents of any notice shall be as prescribed by Subsection 38-159(D).

C. Hearing.The person or body conducting the hearing shall hear testimony of City staff, the owner of the use or structure for which the permit was granted, if present, and any other interested person. A public hearing may be continued without additional public notice.

D. Required Findings.The person or body conducting the hearing shall revoke the permit upon making one or more of the following findings:

E. Decision and Notice.Within 10 working days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.

F. Effective Date; Appeals.A final decision to revoke a discretionary permit shall become final 10 days after the date of the decision.

G. Right Cumulative.The City’s right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law. (Ord. 3424 § 1, 2009)

A.Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this ordinance and any use of any land, building, or premise established, conducted, operated, or maintained contrary to the provisions of this ordinance shall be, and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney of the City of Monterey shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoyment thereof in the manner provided by law, and shall take such steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this ordinance. The remedies provided for herein shall be cumulative and not exclusive.

B.Unless otherwise provided, any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and each day or partition thereof that such violation is in effect shall be a new and separate offense. Violators shall be subject to the penalties prescribed by law as set forth in MCC §1-1.06, including prosecution by the City Attorney for abatement, removal and enjoinment of any violation in the manner provided by law.

A. Definitions.For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:

B. Residential Property Inspection Report.Prior to the close of escrow or transfer of title for sale or exchange of any residential real property, the owner of such property shall obtain from the City a residential property report. An inspection of any other type of real property may be requested by the owner thereof, and, if so requested, said report shall be subject to the same terms and conditions as a residential property inspection report, as required hereunder.

C. Contents of Report.Upon application by the owner or his authorized agent, and subject to payment of the fee required, the City shall review pertinent City records, conduct an exterior inspection of the subject property, and deliver to the applicant within two working days a residential property inspection report which shall contain the following information, insofar as the same is available:

Errors or omissions in said report shall not bind or estop the City from abating any dangerous defects on the property by legal action against the seller, buyer, or any subsequent owner. Said report does not address guarantee of the structural stability of any existing building, nor does it relieve the owner, his agent, architect, or builder from designing and building a structurally stable building which meets the requirements of adopted codes and ordinances. Said report shall be valid only as to the specific transaction for which the inspection and review of the records was made by the City, provided, however, that, in the event said transaction is not consummated, the report shall be valid for a period of 180 days on the condition that, if a subsequent transaction is arranged during that period, the property shall again be inspected by City and a supplemental report issued, if necessary, without charge to the owner.

D. Exceptions.This section shall not apply to first sale of a newly-constructed residential property and within six months after final inspection by the City, or to a condominium unit that shares one or more wall with a neighbor’s condominium unit. (Ord 3312; 11/02)

E. Presentation of Report to Buyer.Upon receipt of the residential property inspection report, the seller or his authorized agent shall present said report, or an exact copy of the same, to the buyer prior to transfer of title of such property to said buyer. Buyer shall, upon receipt of such report, execute a receipt of such report upon a form provided by City and said receipt shall be returned either by hand delivery or first class mail to the Building Safety & Inspections Division of the City.

F. Penalties.Violations shall be an infraction.

G. Sale or Exchange of Residential Property.No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this section, unless such failure is an act or omission which would be a valid ground for recision of such sale or exchange in the absence of this section.

A.A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a requirement of this Zoning Ordinance or other City requirement, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This article is intended to apply to those persons who are defined as disabled under the Acts.

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.

C.A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property unless specifically granted in the conditions associated with approval of a reasonable accommodation (see Section 38-229).

D.A reasonable accommodation may be granted in compliance with this article without the need for the approval of a variance.

E.Requests for reasonable accommodation shall be as described in the following section. (Ord. 3554 § 14, 2016)

A. Application.Requests for reasonable accommodation shall be submitted in the form of a letter to the City Manager or designee and shall contain the following information:

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 (e.g., use permit, coastal development permit, etc.), then the applicant shall file the application for discretionary approval together with the information required by subsection (A) of this section for concurrent review. (Ord. 3554 § 14, 2016)

A. City Manager or Designee.Requests for reasonable accommodation shall be reviewed by the City Manager or designee, or his/her designee if no approval is sought other than the request for reasonable accommodation. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.

B. Other Review Authority.Requests for reasonable accommodation submitted for concurrent review with another land use application that is discretionary shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below. (Ord. 3554 § 14, 2016)

A.The written decision to a request for reasonable accommodation will be consistent with the Acts and shall be subject to the following findings for decision: