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09-09-2008 CC Rpt C01 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY 7.:- ---:st\ Meeting Date: September 9.,2008 • t', RECEIVE_ ., ip ,_-_,- ,...m.„.z, Public Hearing: i 47.1`. Discussion Item: 0 2008 SEP —2 PM 3: I 9 -,......„-. :4:S*4: :: Consent Item: 0 CITY OF CHINO HILLS OFFCE i '' C,LERK —......... ,... CHINOH11:LS September 2, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: DEVELOPMENT CODE AMENDMENT 08DCA02 - REVIEW AND CONSIDERATION OF A DRAFT ORDINANCE AMENDING TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE REGARDING REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS RECOMMENDATION: Introduce an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4IP CHINO HILLS, CALIFORNIA AMENDING TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE BY ADDING A NEW CHAPTER 16.47 REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS BACKGROUND/ANALYSIS: The Federal Fair Housing Act, the California Fair Employment and Housing Act, and Housing Element law require that local governments make reasonable accommodations in their land use regulations and zoning laws. The purpose of the ordinance is to comply with the laws and provide a process for individuals with disabilities to make requests for, and be provided with reasonable accommodations in the application of the City's land use and zoning regulations. The Planning Commission discussed and provided their input on the draft Ordinance at their meeting on August 5, 2008. The Planning Commission suggested that there should not be a fee charged for the application for any reasonable accommodation requests. The Commission requested that the removal of minor accommodation improvement as defined in Section 16.47.020 should be set to 90 days as opposed to staff's recommendation of 60 days. The Commission's requested change is reflected in the proposed ordinance. 411111 di AGENDA DATE: September 9, 2008 PAGE 2 SUBJECT: DEVELOPMENT CODE AMENDMENT 08DCA02 (REVIEW AND CONSIDERATION OF 41P A DRAFT ORDINANCE AMENDING TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE REGARDING REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS) Summary of the Ordinance The ordinance establishes a new Chapter in the Development Code, Chapter 16.47 Reasonable Accommodations in Housing Development for Disabled or Handicapped Individuals. The Ordinance establishes a formal procedure and criteria for persons with disabilities to make a request to the City for reasonable accommodations in the application of the City's land use and zoning regulations for housing development. The Ordinance provides for two types of reasonable accommodation requests: Minor or Major, which are defined as follows: - 1. Minor Reasonable Accommodation is defined as any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, and which can be removed or terminated in ninety (90) days or less after the need for the reasonable accommodation ends. 2. Major Reasonable Accommodation is defined as any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices 0 and/or procedures of the city, including land use and zoning regulations of this Title, resulting in a physical modification to the property which cannot be restored or terminated within ninety (90) days or less after the reasonable accommodation is terminated. The process is summarized below: 1. Application The ordinance establishes requirements (See Section 16.47.040 of the ordinance) for an applicant to submit to the City factual and background information relative to the request for reasonable accommodation. 2. Review a. Minor Reasonable Accommodation Application: The Community Development Director has the authority to consider and act on the application or to refer the matter to the Planning Commission. (See Section 16.47.050.A of the ordinance). b. Major Reasonable Accommodation Application: The Planning Commission has the Authority to review, approve or deny the request. (See Section 16.47.050.13 of the ordinance). 4111' AGENDA DATE: September 9, 2008 PAGE 3 S SUBJECT: DEVELOPMENT CODE AMENDMENT 08DCA02 (REVIEW AND CONSIDERATION OF A DRAFT ORDINANCE AMENDING TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE REGARDING REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS) 3. Noticing a. Minor Reasonable Accommodation Application: b. Notice of the Community Development Director's meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners. (See Section 16.47.050.B of the ordinance). c. Major Reasonable Accommodation Application: Notice of the Planning Commission meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners within a 300-foot radius of the project boundary. 4IP 4. Decision A decision must be made based on consideration of factors such as: the housing as part of the reasonable accommodation request will be occupied as a primary residence by the applicant/owner; making specific housing available to one or more individuals protected under the Fair Housing Laws; the request for reasonable accommodation will not impose an undue financial or administrative burden on the city; and the request will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city (See Section 16.47.060 of the Ordinance). 5. Fees There is no fee associated with the application for reasonable accommodation. Fees must be paid at the time that the building permits or other permits are issued by the City for construction of the improvements as established by the City Council resolution. ENVIRONMENTAL ANALYSIS: The proposed Development Code Amendment 08DCA01 and adoption of this ordinance is exempt for the provisions of the California Environmental Quality Act 1# (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that there is no possibility that the implementation of the Ordinance may have significant effects on the environment. AGENDA DATE: September 9, 2008 PAGE 4 8 SUBJECT: DEVELOPMENT CODE AMENDMENT 08DCA02 (REVIEW AND CONSIDERATION OF A DRAFT ORDINANCE AMENDING TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE REGARDING REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS) REVIEW BY OTHERS: In addition to the Planning Commission review, the City Attorney has reviewed this report. FISCAL IMPACT: There is no fiscal impact associated with the adoption of the ordinance. Review of future construction plans associated with the requested improvements for the accommodation will be covered under the building permit fee to be paid by the applicant. -,-spectfully Submitted, Recommended by: ....., ., 41041-1 - 0 e____h51-1.Aolt ,- Th # wougl. . N. La Belle Christine Kelly N cl -. City Tanager Community Development Director Attachments: Ordinance Public Hearing Notice Planning Commission Staff Report : IP ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING TITLE 16 OF THE CITY OF CHINO HILLS MUNICIPAL CODE BY ADDING A NEW CHAPTER 16.47 REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS WHEREAS, the City desires to provide a procedural process for disabled or handicapped individuals to seek reasonable accommodation with respect to the City's land use and zoning regulations; WHEREAS, such a procedural process for disabled or handicapped individuals to seek reasonable accommodation is intended to comply with Federal and State requirements for fair housing; WHEREAS, such a procedural process is intended to reasonably allow disabled or handicapped individuals to integrate into residential areas; and IFIPWHEREAS, a grant of reasonable accommodation shall be specific to applying individuals and shall not apply to subsequent or changes in the ownership or uses of property by individuals other than those specifically granted a reasonable accommodation pursuant to the provisions of this Ordinance, except as may be required by Federal and/or State law. WHEREAS the Planning Commission reviewed and recommended approval of the Ordinance to the City Council on August 5, 2008. WHEREAS the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that there is no possibility that the implementation of the Ordinance may have significant effects on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 16.47 is hereby added to Title 16 of the Chino Hills Municipal Code in its entirety as follows: Chapter 16.47 Reasonable Accommodations in Housing Development for Disabled or ipHandicapped Individuals 011) 16.47.010 Purpose. It is the purpose of this chapter, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the city's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this chapter is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various city laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations. 16.47.020 Definitions. A. Applicant. A person, business, or organization making a written request to city for reasonable accommodation in the strict application of land use or zoning provisions of this Title. B. City. The City of Chino Hills. C. Code. The Chino Hills Municipal Code. D. Department. The Community Development Department. E. Director. The Director of Community Development. F. Disabled or Handicapped Person. An individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment, but not including an individual's current, illegal use of a controlled substance. G. Fair Housing Laws. The "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604 (f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927 (c)(1) and 12955 (/), as any of these statutory provisions now exist or may be amended from time to time. H. Minor Reasonable Accommodation. Any deviation requested and/or granted from the strict application the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, and which can be removed or terminated in ninety (90) days or less after the need for the reasonable accommodation ends. 111101 . 2 of 8 of I. Major Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, resulting in a physical modification to the property which cannot be restored or terminated within ninety (90) days or less after the reasonable accommodation is terminated. 16.47.030 Notice to the public of availability of accommodation process. The department shall prominently display in the public areas of the planning and building and safety department at city hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. 16.47.040 Requesting reasonable accommodation. A. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this chapter, relating to the application of various land use, zoning, or MPbuilding laws, rules, policies, practices and/or procedures of the city. B. If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative. C. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the department, shall be signed by the owner of the property, and shall include the following information: 1. A description of how the property will be used by the disabled individual(s); 2. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws; 11111? 3 of 8 It 3. The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s) and 4. Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested. 5. A filing fee in an amount as determined from time to time by resolution of the city council, but not to exceed the reasonable estimated costs to the city in processing the application. 16.47.050 Decision on Application. A. The director shall have the authority to consider and act on any application for a minor reasonable accommodation. The director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, (3) deny the request, or (4) may refer the matter to the planning commission, which shall render a decision on the application in the same manner as it considers an appeal. Notice of the Community Development Director's hearing on the application shall be made in writing ten (10) days prior to the Director's action on 0111 the application. Notice of the Community Development Director's meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners. B. The planning commission shall have the authority to consider and act on any application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the director. The planning commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation, after the submission of any additional information required pursuant to this section or after referral from the director, and shall issue a written determination within thirty (30) days after such public meeting. The planning commission may (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. Notice of the Planning Commission meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners within the 300-foot of the project boundary. C. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The Ilinotice of determination shall be sent to the applicant by first class mail. 4 of 8 ir D. If necessary to reach a determination on any request for reasonable accommodation, the director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty (30) day period to issue a written determination shall be stayed until the applicant reasonably responds to the request. E. If, based upon all of the evidence presented to the director or the planning commission, the findings required in this chapter may reasonably be made, the director, the planning commission or the city council, as applicable, shall grant the requested reasonable accommodation. F. A reasonable accommodation that is granted pursuant to this chapter shall not require the approval of any variance as to the reasonable accommodation. G. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions: 1. That the reasonable accommodation shall only be applicable to particular OP individual(s); 2. That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or 3. That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null-and void and/or revocable by the city. 16.47.060 Required findings. The following findings must be made in order to approve-a request for reasonable accommodation: A. The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws. B. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws. lip C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the city. 5 of 8 1 lip D. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city. 16.47.070 Appeals. A. Within ten (10) days of the date the city issues a written determination, any person aggrieved or affected by a decision on an application requesting the accommodation may appeal such determination in writing to the planning commission or to the city council, as applicable. B. All appeals shall contain a statement of the grounds for the appeal. C. No such appeal shall be accepted unless there is, paid contemporaneously with the filing of such letter, a filing and processing fee in a sum to be set by resolution of the city council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the secretary of the planning commission or the city clerk-treasurer shall set the matter for a de novo hearing before the planning commission or city council, as applicable, at its next reasonably available public meeting. D. The planning commission or the city council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event 01 later than sixty (60) days after an appeal has been filed, or after an application has been referred to it by the director. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken. E. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. F. An applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed by the planning commission's decision to the city council, in accordance with this section. 16.47.080 Waiver of Time Periods. Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter. II° SECTION 3. If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such 6 of 8 lipinvalidity shall not affect the validity of this entire Ordinance or any of the remaining portions hereof. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, subdivision, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sees, clauses or phrases be declared unconstitutional or otherwise invalid. SECTION 4. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. PASSED, APPROVED, AND ADOPTED this day of 2008. CURT HAGMAN, MAYOR IIP ATTEST: MARY M. McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY iiIP 7 of 8 IISTATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, MARY M. McDUFFEE, City Clerk of the City of Chino Hills, do hereby certify that the foregoing Ordinance No. , was duly introduced for first reading at a regular meeting of the City of Chino Hills City Council held on the day of , 2008, and that thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council held on the day of , 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: OPMARY M. McDUFFEE, CITY CLERK liP 8 of 8 1(• --140 I7E OF PUBLIC HEARING DATE: Tu September 9,2008 TIME: 7:00 P.M. — - PLACE: City of Chino Hills Council Chambers 2001 Grand Avenue Chino Hills,CA 91709 NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills will hold a public hearing at the time and place indicated above to consider Development Code Amendment 08DCA02 and adoption of an ordinance amending Title 16 of the City of Chino Hills Municipal Code regarding reasonable accommodations in housing development for persons with disabilities. NOTICE IS FURTHER GIVEN that a determination has been made that the approval of Development Code Amendment 08DCA02 and adoption of the Ordinance is exempt from the provisions of the California Environmental Quality Ad(CEQA),pursuant to Section 15061(b)(3)of the CEQA Guidelines. Additional information regarding this project is available for public review at the City of Chino Hills Community Development Department,2001 Grand Avenue,Chino Hills,CA 91709 during the following hours:Monday, Wednesday,Thursday,and Friday from 7:30 a.m.to 3:30 p.m.,and Tuesday from 7:30 a.m.to 7:00 p.m. NOTICE IS FURTHER GIVEN that if you challenge the above described action in court,you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice,or In written correspondence delivered to the City Council at,or prior to,the public hearing. ALL INTERESTED PERSONS are invited to be present at the public hearing. All persons may give testimony at the time and place indicated above. Additional information regarding this project may be obtained • from Zai Abu Baker,Assistant Community Development Director—Development Services with the Community Development Department at(909)364-2756. DATED: August 20,2008 S/Mary M.McDuffee,City Clerk PUBLISH: Chino Hills Champion Saturday,August 30,2008 4111° (---.:-\.g. c ..,,, »- . ` ' CITY OF CHINO HILLS 4;,.-4,l';',4 ',.. -r- %- : STAFF REPORT TO THE PLANNING COMMISSION CITY OF CHINOHILLS IPCO•PO•ATRO 1008 DATE: August 5, 2008 TO: PLANNING COMMISSION FROM: CHRISTINE KELLY, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AGENDA ITEM NO. 7C - DEVELOPMENT CODE AMENDMENT 08DCA02 (REVIEW AND CONSIDERATION OF A DRAFT ORDINANCE AMENDING TITLE 16 OF THE CITY OF CHINO HILLS MUNICIPAL CODE REGARDING REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS) COMMENDATION Staff recommends that the Planning Commission adopt the attached resolution recommending to City Council approval of Development Code Amendment 08DCA02, amending Title 16 of the Chino Hills Municipal Code to add a new chapter 16.47 regarding reasonable accommodations within housing development for disabled individuals. EXECUTIVE SUMMARY Federal Fair Housing Act and California Fair Employment and Housing Act require that local governments make reasonable accommodations in their land use regulations and zoning laws. The purpose of the ordinance is to comply with the laws and provide a process for individuals with disabilities to make requests for, and be provided with reasonable accommodations in the application of the City's land use and zoning regulations. It is similar to a process where the City grant a variance from Codes. For example, the'accommodation could include allowing a wheelchair ramp to encroach into the front yard setback. BACKGROUND AND ANALYSIS The Federal Fair Housing Act and the California Fair Employment and Housing Act require that local governments make reasonable accommodations (i.e., modifications or exceptions) in their oning laws and other land use regulations and practices when such accommodations "may be 40,cessary to afford" disabled persons "an equal opportunity to use and enjoy a dwelling." Additionally, the State Housing Element Law statute requires that each city have an approved Housing Element as part of their General Plan, and the Housing Element must address Development Code Amendment 08DCA02 alysonable Accommodation Ordinance e 2 of 3 Planning Commission Staff Report reasonable accommodation procedures for disabled individuals. The purpose of the ordinance is to meet both the Federal and State requirements. Reasonable Accommodation Summary The ordinance establishes a new Chapter in the Development Code, Chapter 16.47 Reasonable Accommodations in Housing Development for Disabled or Handicapped Individuals. The Ordinance establishes a formal procedure and criteria for persons with disabilities to make a request to the City for reasonable accommodations in the application of the City's land use and zoning regulations for housing development. The Ordinance provides for two types of reasonable accommodation requests: Minor or Major, which are defined as follows: 1. Minor Reasonable Accommodation is defined as any deviation requested and/or granted from the strict application the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, and which can be removed or terminated in sixty (60) days or less after the need for the reasonable accommodation ends. 2. Major Reasonable Accommodation is defined any deviation requested and/or granted S from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, resulting in a physical modification to the property which cannot be restored or terminated within sixty (60) days or less after the reasonable accommodation is terminated. The process is summarized below: 1. Application The ordinance establishes requirements (See Section 16.47.040 of the ordinance) for an applicant to submit to the City factual and background information relative to the request for reasonable accommodation. 2. Review a. Minor Reasonable Accommodation Application: The Community Development Director has the authority to consider and act on the application or to refer the matter to the Planning Commission. (See Section 16.47.050.A of the ordinance). b. Major Reasonable Accommodation Application: The Planning Commission has the Authority to review, approve or deny the request. (See Section 16.47.050.B of the ordinance). 9 3. Noticing a. Minor Reasonable Accommodation Application: b. Notice of the Community Development Director's meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed City of Chino Hills 2 August 5, 2008 jivelopment Code Amendment 08DCA02 . asonable Accommodation Ordinance ge 3 of 3 Planning Commission Staff Report first class and postage pre-paid to the applicant and the adjacent property owners. (See Section 16.47.050.B of the ordinance). , c. Major Reasonable Accommodation Application: Notice of the Planning Commission meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners within the 300-foot of the project boundary. 4. Decision A decision must be made based on consideration of factors such as: the housing as part of the reasonable accommodation request will be occupied as a primary residence by the applicant/owner; making specific housing available to one or more individuals protected under the Fair Housing Laws; the request for reasonable accommodation will not impose an undue financial or administrative burden on the city; and the request will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city (See Section 16.47.060 of the Ordinance). 4IP 5. Fees There is no fee associated with the application for reasonable accommodation. Fees must be paid at the time that the building permits or other permits are issued by the City for construction of the improvements as established by the City Council resolution. ENVIRONMENTAL DETERMINATION The proposed adoption of this ordinance is exempt for the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that there is no possibility that the implementation of the Ordinance may have significant effects on the environment. Respectfully Submitted By: Reco mended by: k.. --q0— i F \ . ...... i , Christine Kelly Zai ' bu Bakar Community Development Direr,i Assistant Community Development Director— Development Services 411110 chments: Resolution Draft Ordinance Public Hearing Notice - ^ — -- RESOLUTION NO. PC2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF DEVELOPMENT CODE AMENDMENT 08DCA02 AND ADOPTION OF AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF CHINO HILLS MUNICIPAL CODE BY ADDING CHAPTER 16.47 REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: A. That the Chino Hills Municipal Code Section 16.62.060 authorizes the City to initiate amendments to the Development Code to address health, tip . safety, and welfare of the community. B. The Federal Fair Housing Act and the California Fair Employment and Housing Act require that local governments make reasonable accommodations (i.e., modifications or exceptions) in their zoning laws and other land use regulations and practices when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. C. Local governments, including the City of Chino Hills are required by State statute to have housing elements as part of their General Plan. The housing element must provide goals, policies, and objectives and implementation actions to meet the stated goals and objectives. D. The housing element must address its potential and actual governmental constraints to meeting the housing needs of special households, which includes disabled (physical and mental) households. E. Development Code Amendment No. 08DCA02 and its associated ordinance are intended to meet the requirements of the Federal and State law. IIP F. Notice of the public hearing for the August 5, 2008, Planning Commission meeting was published in the Chino Hills Champion on July 26, 2008. 1 of 3 S .* G. The Planning Commission conducted a duly noticed public hearing on August 5, 2008, and considered the staff report, received public testimony, and reviewed all correspondence received on the Development Code Amendment (08DCA02). SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held on the Development Code Amendment 08DCA02, and upon studies and investigations made by the Planning Commission and on its behalf, the Commission does hereby determine that the proposed Development Code Amendment is exempt for the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that there is no possibility that the implementation of the Ordinance may have significant effects on the environment. Therefore, no environmental impact analysis is required. SECTION 3. The Planning Commission hereby makes the following findings, pursuant to Section 16.62.040 of the Development Code, regarding Development Code Amendment (08DCA02), a request to amend Title 16 of the Municipal Code to add Chapter 16.47 Reasonable Accommodations in Housing Development for Disabled or 4111 Handicapped Individuals. A. FINDING: The proposed Development Code Amendment is consistent with the goals, policies, and objectives of the General Plan. FACT: Development Code Amendment 08DCA02 and its associated ordinance implements the requirements of Federal and State law by establishing a process for persons with disabilities to request reasonable accommodations in the application of City's land use and zoning regulations. Since State law requires that the City's General Plan include a housing element that address housing needs for various households in the community, including the needs of persons with disabilities, the proposed Development Code Amendment and the ordinance are consistent with the goals, policies, and objectives of the General Plan. B. FINDING: That the proposed Development Code Amendment will not adversely affect the surrounding properties. FACT: The recently approved Housing Element dated October 27, r2e01a0t7e dincludese as,pi nr ocvl ui sdi ionng t ph raot ms toat ti oe ns,0"fP er oqvui ad le h hoot:ni ngg S opportunity". The proposed ordinance is a citywide ordinance that will provide a process and criteria for disabled or handicapped persons to request reasonable accommodation 2 of 3 in housing development so that can have equal opportunity to use and enjoy their homes. The proposed adoption of this ordinance is exempt for the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that there is no possibility that the implementation of the Ordinance may have significant effects on the environment. Therefore, Development Code Amendment 08DCA02 will not adversely affect the surrounding properties. SECTION 4. The Planning Commission does hereby recommend to the City Council the approval of Development Code Amendment 08DCA02 and adoption of an Ordinance as referenced herein to amend Title 16 of the Chino Hills Municipal Code by adding Chapter 16.47 Reasonable Accommodations in housing development for disabled and handicapped persons. SECTION 5. The Planning Commission Secretary shall certify as to the adoption of this resolution. is PASSED, APPROVED, AND ADOPTED this day of 2008. lir MICHAEL BRAUN, CHAIRMAN ATTEST: KAREN PULVERS PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: BRADLEY E. WOHLENBERG ASSISTANT CITY ATTORNEY 111P 3 of 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING TITLE 16 OF THE CITY OF CHINO HILLS MUNICIPAL CODE BY -ADDING A NEW CHAPTER 16.47 REASONABLE ACCOMMODATIONS IN HOUSING DEVELOPMENT FOR DISABLED OR HANDICAPPED INDIVIDUALS WHEREAS, the City desires to provide a procedural process for disabled or handicapped individuals to seek reasonable accommodation with respect to the City's land use and zoning regulations; WHEREAS, such a procedural process for disabled or handicapped individuals to seek reasonable accommodation is intended to comply with Federal and State requirements for fair housing; WHEREAS, such a procedural process is intended to reasonably allow disabled illp or handicapped individuals to integrate into residential areas; and WHEREAS, a grant of reasonable accommodation shall be specific to applying individuals and shall not apply to subsequent or changes in the ownership or uses of property by individuals other than those specifically granted a reasonable accommodation pursuant to the provisions of this Ordinance, except as may be required by Federal and/or State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 16.47 is hereby added to Title 16 of the Chino Hills Municipal Code in its entirety as follows: Chapter 16.47 Reasonable Accommodations in Housing Development for Disabled or Handicapped Individuals 16.47.010 Purpose. It is the purpose of this chapter, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the city's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The 0 . purpose of this chapter is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted based upon sufficient evidence, from the various city laws, IPrules, policies, practices and/or procedures of the city, including land use and zoning regulations. 16.47.020 Definitions. A. Applicant. A person, business, or organization making a written request to city for reasonable accommodation in the strict application of land use or zoning provisions of this Title. B. City. The City of Chino Hills. C. Code. The Chino Hills Municipal Code. D. Department. The Community Development Department. E. Director. The Director of Community Development. F. Disabled or Handicapped Person. An individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of Shaving such an impairment, but not including an individual's current, illegal use of a controlled substance. G. Fair Housing Laws. The "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604 (f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927 (c)(1) and 12955 (/), as any of these statutory provisions now exist or may be amended from time to time. H. Minor Reasonable Accommodation. Any deviation requested and/or granted from the strict application the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, and which can be removed or terminated in sixty (60) days or less after the need for the reasonable accommodation ends. I. Major Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, resulting in a physical modification to the property which cannot be restored or terminated within sixty (60) days or less after the reasonable accommodation is terminated. S16.47.030 Notice to the public of availability of accommodation process. 2 of 9 e . , The department shall prominently display in the public areas of the planning and building and safety department at city hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. 16.47.040 Requesting reasonable accommodation. A. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this chapter, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the city. B. If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative. C. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the department, shall be signed by the owner of the property, and shall include the following information: 1. A description of how the property will be used by the disabled individual(s); 2. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws; 3. The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s) and 4. Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested. 5. A filing fee in an amount as determined from time to time by resolution of the 41? city council, but not to exceed the reasonable estimated costs to the city in processing the application. 3 of 9 16.47.050 Decision on Application. A. The director shall have the authority to consider and act on any application for a minor reasonable accommodation. The director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, (3) deny the request, or (4) may refer the matter to the planning commission, which shall render a decision on the application in the same manner as it considers an appeal. Notice of the Community Development Director's hearing on the application shall be made in writing ten (10)days prior to the Director's action on the application. Notice of the Community Development Director's meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners. B. The planning commission shall have the authority to consider and act on any application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the director. The planning commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation, after the 111 submission of any additional information required pursuant to this section or after referral from the director, and shall issue a written determination within thirty (30) days after such public meeting. The planning commission may (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, or(3) deny the request. Notice of the Planning Commission meeting to review and act on the application shall be made in writing, 10 days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the adjacent property owners within the 300-foot of the project boundary. C. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by first class mail. D. If necessary to reach a determination on any request for reasonable accommodation, the director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty (30) day period to issue a written determination shall be stayed until the applicant reasonably responds to the request. E. If, based upon all of the evidence presented to the director or the planning 111, commission, the findings required in this chapter may reasonably be made, the director, the planning commission or the city council, as applicable, shall grant the requested reasonable accommodation. 4 of 9 410 F. A reasonable accommodation that is granted pursuant to this chapter shall not require the approval of any variance as to the reasonable accommodation. G. ' The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions: 1. That the reasonable accommodation shall only be applicable to particular individual(s); 2. That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or 3. That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the city. 16.47.060 Required findings. 0 The following findings must be made in order to approve a request for reasonable accommodation: A. The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws. B. The request for reasonable accommodation 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 accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city. 16.47.070 Appeals. A. Within ten (10) days of the date the city issues a written determination, any person aggrieved or affected by a decision on an application requesting the accommodation may appeal such determination in writing to the planning commission or to the city council, as applicable. • B. All appeals shall contain a statement of the grounds for the appeal. 5 of 9 C. No such appeal shall be accepted unless there is, paid contemporaneously with the filing of such letter, a filing and processing fee in a sum to be set by resolution of the city council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the secretary of the planning commission or the city clerk-treasurer shall set the matter for a de novo hearing before the planning commission or city council, as applicable, at its next reasonably available public meeting. D. The planning commission or the city council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed, or after an application has been referred to it by the director. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken. E. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. F. An applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed by the planning commission's decision to the city council, in accordance with this section. 16.47.080 Waiver of Time Periods. Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter. SECTION 3. If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of this entire Ordinance or any of the remaining portions hereof. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, subdivision, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sees, clauses or phrases be declared unconstitutional or otherwise invalid. SECTION 4. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall iphold any sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. 6 of 9 SSECTION 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. PASSED, APPROVED, AND ADOPTED this day of 2008. CURT HAGMAN, MAYOR ATTEST: MARY M. McDUFFEE, CITY CLERK 9 APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 0 7 of 9 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, MARY M. McDUFFEE, City Clerk of the City of Chino Hills, do hereby certify that the foregoing Ordinance No. , was duly introduced for first reading at a regular meeting of the City of Chino Hills City Council held on the day of _ , 2008, and that thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council held on the day of , 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 4IP MARY M. McDUFFEE, CITY CLERK S 8 of 9 Intentionally left blank as required by the City Clerk S S 9 of 9 U _-4::!•0.‘ ,•'..;f:1"..:- -41:-. ..:•=. ,`,"11°!RIIIn11, NOTICE OF PUBLIC HEARING DATE: Tuesday,August 5,2008 TIME: 7:00 P.M. PLACE: City of Chino Hills Council Chambers 2001 Grand Avenue Chino Hills,CA 91709 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chino Hills will hold a public hearing at the time and place indicated above to consider Development Code Amendment 08DCA02,an amendment to Title 16 of the City of Chino Hills Municipal Code regarding reasonable accommodations in housing development for persons with disabilities. NOTICE IS FURTHER GIVEN that a determination has been made that the adoption of the Ordinance associated with the proposed Development Code Amendment 08DCA02 is exempt from the provisions of the California Environmental Quality Act(CEQA),pursuant to Section 15061(b)(3)of the CEQA Guidelines. — Additional information regarding this project is available for public review at the City of Chino Hills Community • Development Department,2001 Grand Avenue,Chino Hills,CA 91709 dunng the following hours:Monday, Wednesday,Thursday,and Friday from 7:30 a.m.to 3:30 p.m.,and Tuesday from 7:30 a.m.to 7:00 p.m. NOTICE IS FURTHER GIVEN that if you challenge the above described action in court,you may be i limited to raising only those issues you or someone else raised at a public hearing described in this notice,or in • written correspondence delivered to the Planning Commission at,or prior to,the public hearing. .▪ ALL INTERESTED PERSONS are invited to be present at the public hearing. All persons may give a testimony at the time and place indicated above. Additional information regarding this project may be obtained from Zai Abu Bakar,Assistant Community Development Director—Development Services with the Community 1 Development Department at(909)364-2756. _ DATED: July 23,2008 S/Zai Abu Bakar,Assistant Community Development Director—Development Services • PUBLISH: Chino Hills Champion - Saturday,July 26,2008 = 011 (