Walnut City Zoning Code
CHAPTER 6
96 REASONABLE ACCOMMODATION
§ 6.96.010 Purpose.
It is the purpose and intent of the Walnut City Council, through the adoption of the ordinance codified in this chapter, to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing and to facilitate the development of housing for individuals with disabilities under the Federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, practices, and procedures.
§ 6.96.020 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
"Disabled person"
means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability.
"Fair Housing Laws"
means: (1) the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.); and (2) the California Fair Employment and Housing Act (Government Code Section 12955 et seq.), including amendments to them.
"Reasonable accommodation"
means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would: (1) impose an undue financial or administrative burden on the City; or (2) require a fundamental alteration in the nature of the City’s land use and zoning program.
§ 6.96.030 Requesting reasonable accommodation.
A.
Request. A disabled person may request a reasonable accommodation in the application of the City’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 conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the City’s land use and zoning regulations.
B.
Availability of Information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Community Development Director.
C.
Assistance. If an applicant needs assistance in making the request, the Community Development Department will endeavor to provide the assistance necessary to ensure that the process is available to the applicant.
D.
Balancing Rights and Requirements. The City will attempt to balance: (1) the privacy rights and reasonable request of an applicant for confidentiality; with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal, in the City’s requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation.
§ 6.96.040 Application requirements.
A.
Application. The applicant shall submit a request for reasonable accommodation on a form provided by the Community Development Department. The application shall include the following information:
1.
The applicant’s name, address and telephone number;
2.
Address of the property for which the request is being made;
3.
The name and address of the property owner, and the owner’s written consent to the application;
4.
The current actual use of the property;
5.
The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations;
6.
The rule, policy, practice and/or procedure of the City for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;
7.
The type of accommodation sought;
8.
The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;
9.
Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and
10.
Other supportive information deemed necessary by the Department to facilitate proper consideration of the request, consistent with fair housing laws.
If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible. |
B.
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 conditional use permit, architectural review, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the Community Development Director, before proceeding with the other applications.
C.
Fee. Not withstanding any other provision of this code, there shall be no fee imposed in connection with an application for reasonable accommodation, including appeals.
§ 6.96.050 Approval authority-Notice-Decision.
A.
Approval Authority.
1.
Community Development Director. The Community Development Director 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 chapter, except as noted in paragraph 2 of this subsection. The Community Development Director may refer the matter to the Planning Commission, as appropriate.
2.
Planning Commission. The Planning Commission 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 chapter, when referred by the Community Development Director or when a reasonable accommodation request includes any encroachment into the front yard setback area, results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested.
B.
Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the Community Development Director. Requests for reasonable accommodation subject to review by the Planning Commission shall require advance notice and a public hearing pursuant to the requirements of WMC.
C.
Decision.
1.
The Community Development Director shall render a decision or refer the matter to the Planning Commission within 30 days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in Section 6.96.060. The decision shall be in writing and mailed to the applicant and to all residents and property owners within 300 feet of the project site.
2.
If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the Community Development Director, unless the reasonable accommodation request has been referred by the Community Development Director to the Planning Commission.
3.
If the application for reasonable accommodation is referred to, or reviewed by, the Planning Commission, a decision to approve, approve with conditions or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth in Section 6.96.060.
§ 6.96.060 Findings-Other requirements.
A.
Findings. The reviewing authority 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 City; and
4.
The requested accommodation would not require a fundamental alteration in the nature of a City 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;
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, lot coverage or floor area ratio requirements specified for the zone district; and
h.
Other conditions necessary to protect the public health, safety and welfare.
§ 6.96.070 Conditions of approval.
In granting a request for reasonable accommodation, the Community Development Director or designee, or the Planning Commission, or the City Council as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodations would comply with the findings. The conditions shall also state whether the accommodation(s) granted shall be removed in the event that any person for whom the accommodation was requested, or is assisted by the accommodation, no longer resides on the site.
§ 6.96.080 Appeals.
A decision by the Community Development Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council in accordance with the appeal procedures of this code.
