The URL can be used to link to this page

Home My WebLink About2011-04-05; City Council; 20501; amending the CMC reasonable accommodationsCITY OF CARLSBAD - AGENDA BILL 10 AB# 20,501 MTG. 4/5/11 DEPT. CLERK AMENDMENT OF CARLSBAD MUNICIPAL CODE TOADD REGULATIONS GOVERNING REQUESTS FOR REASONABLE ACCOMMODATIONS ZCA 10-06 DEPT. HEAD ^R- CITY ATTY. iP CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-125. amending Title 21, of the Carlsbad Municipal Code by the addition of Chapter 21.87, to add procedures and regulations to govern requests for reasonable accommodations by people with disabilities in order to ensure consistency with the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act. ITEM EXPLANATION: Ordinance No. CS-125 was introduced and first read at the City Council meeting held on March 22, 2011. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California coastal Commission.) FISCAL IMPACT: See AB #20,489 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-125. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED a D O D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D EXHIBIT 1 1 ORDINANCE NO. CS-125 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO ADD AND ENACT CHAPTER 21.87 - REASONABLE ACCOMMODATION OF THE ZONING 4 ORDINANCE. CASE NAME: REASONABLE ACCOMMODATION 5 CASE NO.: ZCA10-06 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION I: That the list of Chapters contained in Title 21 of the Carlsbad Municipal Code is amended to add the following chapter in numerical order: 8 21.87 Reasonable Accommodation 9 SECTION II: That Chapter 21.87 of the Carlsbad Municipal Code is added and 10 enacted to read as follows: 11 Chapter 21.87 12 REASONABLE ACCOMMODATION Sections: 21.87.010 Purpose and Intent. 14 21.87.020 Definitions. 21.87.030 Applicability. 21.87.040 Request for reasonable accommodation. 21.87.050 Review authority and procedure. 16 21.87.060 Required findings. 21.87.070 Effective date of order - appeal of decision. 21.87.010 Purpose and Intent A. The purpose and intent of this chapter is as follows: 1. To provide individuals with disabilities reasonable accommodation in land use and zoning and building regulations, policies, practices, and procedures to provide equal _„ opportunity to use and enjoy housing and facilitate the development of housing for individuals with disabilities pursuant to the federal Fair Housing Amendments Act of 1988 and the California „, Fair Employment and Housing Act (hereafter "fair housing laws"). 2. To establish a procedure for making requests for reasonable accommodation in 22 land use, zoning and building regulations, policies, practices and procedures of the city to comply fully with the intent and purpose of fair housing laws. 3. To establish findings that ensure a requested accommodation, if granted, is necessary and reasonable, and would not require a fundamental alteration in the nature of the 24 city's land use and zoning and building regulations, policies, practices, and procedures. 21.87.020 Definitions. A. For the purposes of this chapter, the terms used in this chapter relating to the provisions of reasonable accommodation are defined as follows: 1. "Individual with a disability" means someone who has a physical or mental 27 impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. This section is intended to apply to 28 those persons who are defined as disabled under the fair housing laws. 1 2. "Reasonable accommodation" means, in the land use and zoning context, providing individuals with disabilities or developers of housing for people with disabilities: (1) 2 reasonable, necessary, or feasible flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or (2) the waiver of certain 3 requirements when it is necessary to provide equal opportunity to use and enjoy housing and/or eliminate barriers to housing opportunities. 4 21.87.030 Applicability 5 A. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with 6 disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to housing opportunities. 7 B. A request for reasonable accommodation may include a modification or exception to the rules, standards, development and use of housing-related facilities that would 8 eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. 9 C. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal 10 access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. 11 D. Requests for reasonable accommodation shall be made in the manner prescribed by Section 21.87.040 of this chapter. E. If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes or (2) the accommodation is to be used by another individual with a disability. F. Nothing in this ordinance shall require the city to waive or reduce development or 15 building fees associated with the granting of a reasonable accommodation request. 21.87.040 Request for reasonable accommodation. , 7 A. Application for a request for reasonable accommodation shall be made in writing on a form provided by the planning director. The form shall be signed by the property owner or authorized agent. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other I o materials as specified by the planning director. B. Proof of applicable disability shall be provided in the form of a note from a 20 medical doctor or other third party professional documentation deemed acceptable to the planning director. C. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for 22 public inspection. D. If an individual needs assistance in making the application for reasonable 23 accommodation, the city will provide assistance to ensure the process is accessible. 24 21.87.050 Review authority and procedure. A. A request for reasonable accommodation may be approved or conditionally 25 approved by the planning director and shall be processed independently of any other required development permits. However, approval of a reasonable accommodation may be conditioned 26 upon approval of other related permits. B. The filing of an application for request for reasonable accommodation shall not 27 require public notice. 28 -2- 1 C. If necessary to reach a determination on the request for reasonable accommodation, the planning director may request: 2 1. Further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. 3 2. Information from other city departments and divisions or other agencies. D. Conditions may be imposed to ensure that any removable structures or physical 4 design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary 5 to provide access to the dwelling unit for the current occupants. 6 21.87.060 Required findings. A. The housing, which is the subject of the request for reasonable accommodation, 7 will be occupied by an individual with a disability protected under fair housing laws; B. The requested accommodation is necessary to make housing available to an 8 individual with a disability protected under the fair housing laws; C. The requested accommodation would not impose an undue financial or 9 administrative burden on the city; D. The requested accommodation would not require a fundamental ateration in the 10 nature of the city's land use and zoning and building regulations, policies, practices, and procedures, and for housing in the Coastal Zone, the city's Local Coastal Program. 21.87.070 Effective date of order - appeal of decision. 12 A. The effective date of the planning director's decision and method for appeal of such decision shall be governed by Section 21.54 of this title. B. Nothing in this procedure shall require the planning director to disclose any information provided to support the request for reasonable accommodation which, in the opinion of the city attorney, would violate State or Federal privacy rights of the individual with a disability. c. Nothing in the procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.16 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be18 published at least once in a publication of general circulation in the City of Carlsbad within 0 fifteen days after its adoption. Notwithstanding the preceding, this ordinance shall not be ,. effective until approved by the California Coastal Commission. 22 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of March 2011, and thereafter. 24 '" 25 '" 26 27 '" 28 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of April 2011 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY LDR. BALL, City Attorney MATT/HALL, Mayor ' %t»m,,y LORRAtNE M. WOOD, City Clerk