CITY COUNCIL: Resolution Adopting City Council Policy to Establish Procedures for Providing Reasonable Accommodations from Land Use & Building Laws for Individuals with Disabilities

Meeting Date: 12 July 2011
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting a City Council Policy to establish procedures for providing reasonable accommodations from land use and building laws for individuals with disabilities.

Description: The proposed policy provides individuals with disabilities the ability to request reasonable accommodations from zoning laws, building codes or other land use policies to ensure equal access to housing. Possible accommodations could include such things as setback or site coverage exceptions for the installation of a handicap ramp, or a floor area exception for the installation of an elevator.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: Senate Bill (SB) 520 requires that California jurisdictions adopt policies and procedures to provide reasonable accommodations for persons with disabilities. The City’s recently adopted Housing Element of the General Plan includes a commitment to develop a reasonable accommodation procedure to implement SB 520.

The proposed policy would comply with SB 520 and the goals of the Housing Element.

Decision Record: The Planning Commission recommended that the City Council adopt the policy on 8 September 2010.

Reviewed by:

_______________ _____________________
John Goss, Interim City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMEBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: JOHN GOSS, INTERIM CITY ADMINISTRATOR
DATE: 12 JULY 2011
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING A CITY COUNCIL POLICY TO ESTABLISH PROCEDURES FOR PROVIDING REASONABLE ACCOMMODATIONS FROM LAND USE AND BUILDING LAWS FOR INDIVIDUALS WITH DISABILITIES

BACKGROUND AND PROJECT DESCRIPTION
Title II of the Americans with Disabilities Act (ADA) requires jurisdictions to make reasonable modifications to their policies, land use regulations and practices when necessary to avoid discrimination against individuals with disabilities. The Fair Housing Amendments Act of 1988 (FHAA) prohibits regulations that deny housing opportunities to people with disabilities. California’s Fair Employment and Housing Act also prohibits discrimination against individuals with disabilities in housing and requires that cities and counties take affirmative action to be flexible in the application of land use, zoning and building regulations, practices and procedures.

Senate Bill (SB) 520 requires that California jurisdictions adopt policies and procedures to provide reasonable accommodations for persons with disabilities. The City’s recently adopted Housing Element includes a commitment to develop a reasonable accommodation procedure. An individual with a disability is generally defined as someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

The proposed policy (see Exhibit “A”) establishes an application procedure for reasonable accommodations and will bring the City into compliance with SB 520. On 8 September 2010, the Planning Commission unanimously recommended that the City Council approve the attached policy.

EVALUATION
General Plan: The proposed policy will implement the following goal, policy and program from the Housing Element of the General Plan:

Goal G3-5: Preserve and increase housing stock available for lower and moderate income households, senior citizens and other special needs groups.
Prohibit discrimination in the sale or rental of housing.

Policy P3-5.1: Recognize the special needs of persons with disabilities and the need to retain flexibility in the design review process to provide for these needs.
Program 3-5.1.a: Adoption of Reasonable Accommodation Procedures.
Reasonable Accommodation Policy: The proposed policy is divided into eight sections.

These sections are briefly described below.

Purpose: This section describes the purpose of the policy as providing individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing. The City has processed requests in the past for reasonable accommodations; however, no formal procedure has been established.

Some examples of accommodations could include, but are not limited to, the following:
• Waiver of setback requirements to install a ramp or a lift.
• Additional floor area for the installation of an elevator.
• Modification of parking requirements.

Applicability: Any individual (or representative) with a disability may apply for a reasonable accommodation when a specific rule, policy or regulation limits their ability to use or access housing. This is consistent with federal and state requirements.

Notice: The proposed policy requires the City to provide public notice that a procedure exists to apply for reasonable accommodations. This will be done primarily at City Hall and on the City’s website.

Application Process: The proposed policy establishes a clear application process for requested accommodations and describes what is required to make an application.

Review Authority: The proposed policy gives the authority to the Department of Community Planning and Building to approve accommodations for projects that do not require review by the Planning Commission or City Council. For projects that require review by the Planning Commission and/or City Council, the final decision-making body shall have authority to approve the requested accommodation.

Required Findings: The proposed policy establishes findings that are required in order to approve a requested accommodation. These assist in ensuring that the requested accommodation is in fact necessary and that it will not fundamentally alter the City’s General Plan and governing policies.

Conditions of Approval: The policy establishes the ability to place special conditions of approval on the proposed accommodation. This could include a requirement that the accommodation be removed or rectified in the future where a need no longer exists and/or other conditions as deemed appropriate to the specific situation.

Appeals: The proposed policy establishes an appeal process for aggrieved applicants or other members of the public.

RECOMMENDATION
Adopt the attached Resolution.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING A CITY COUNCIL POLICY ESTABLISHING PROCEDURES TO PROVIDE REASONABLE ACCOMMODATIONS FROM LAND USE AND BUILDING LAWS TO INDIVIDUALS WITH DISABILITIES

WHEREAS, the City of Carmel-by-the-Sea is a unique community that prides itself in its village in a forest character; and

WHEREAS, the City has adopted a General Plan that provides clear goals, policies and objectives regarding maintaining and improving this character; and

WHEREAS, Title II of the Americans with Disabilities Act (ADA) requires jurisdictions to make reasonable modifications to their policies, land use regulations and practices when necessary to avoid discrimination against individuals with disabilities; and

WHEREAS, The Fair Housing Amendments Act of 1988 (FHAA) and California’s Fair Employment and Housing Act prohibits regulations that deny housing
opportunities to people with disabilities; and

WHEREAS, California Senate Bill (SB) 520 requires that California jurisdictions adopt policies and procedures to provide reasonable accommodations for persons with disabilities; and

WHEREAS, Program 3-5.1.a of the City’s Housing Element of the General Plan commits the City to adopt reasonable accommodation procedures; and
WHEREAS, the attached policy complies with federal and state housing laws and is consistent with the General Plan; and

WHEREAS, the attached policy is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b) (3) of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:

Adopt the attached City Council Policy C11-01 establishing a Reasonable
Accommodation procedure.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 12th day of July 2011 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_________________________________
Heidi Burch, City Clerk

EXHIBIT “A”
CITY COUNCIL POLICY C11-01
REASONABLE ACCOMMODATION
I. Purpose.
II. Applicability.
III. Notice of Reasonable Accommodation Policy.
IV. Application Process.
V. Review Authority.
VI. Required Findings.
VII. Conditions of Approval.

VIII. Appeals.
I. Purpose.
The purpose of the reasonable accommodation policy is to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to 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 and California Senate Bill (SB) 520.

This policy establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the City of Carmel-by-the-Sea to comply fully with the intent and purpose of fair housing laws.

II. Applicability.
Reasonable accommodation in the land use and zoning context means providing
individuals with disabilities or developers of housing for people with disabilities,
flexibility in the application of land use, zoning and building regulations, policies,
practices and procedures, or even waiving certain requirements, when it is necessary to
afford individuals with disabilities equal opportunity and access to housing.
An individual with a disability is someone who has a physical or mental
impairment that limits one or more major life activities; anyone who is regarded as
having such impairment; or anyone with a record of such impairment. A request for
reasonable accommodation may be made by any individual with a disability, his or her
representative, or a developer or provider of housing for individuals with disabilities,
when the application of a land use, zoning or building regulation, policy, practice or
procedure acts as a barrier to the individual(s) with disabilities.
III. Notice of Reasonable Accommodations Policy.
Notice of the availability of reasonable accommodation shall be prominently displayed at
the public information counter in the Department of Community Planning and Building,
advising the public of the availability of the procedure for eligible individuals.
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IV. Application Process.
A. Requests for reasonable accommodation shall be submitted on an application form
provided by the City, or in the form of a letter, to the Department of Community Planning
and Building and shall contain the following information:
(1) The applicant’s name, address and telephone number;
(2) The physical address, Block and Lot and Assessor’s Parcel Number of the property
for which the request is being made;
(3) The current use of the property;
(4) Statement under penalty of perjury indicating that the requested accommodation is
required for an individual(s) with disabilities.
(5) Description of the requested accommodation and the regulation(s), policy or
procedure for which accommodation is sought;
(6) Reason that the requested accommodation may be necessary for the individual(s) with
the disability to use and enjoy the property; and
(7) Applicable design plans depicting the requested accommodation.
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 public inspection.
D. A request for reasonable accommodation in regulations, policies, practices and
procedures may be filed at any time that the accommodation may be necessary to ensure
equal access to housing. A reasonable accommodation does not affect an individual’s
obligations to comply with other applicable regulations not at issue in the requested
accommodation.
E. If an individual needs assistance in making the request for reasonable accommodation,
the jurisdiction will provide assistance to ensure that the process is accessible.
V. Review Authority.
(A) Director of Community Planning and Building. Requests for reasonable
accommodations shall be reviewed by the Director of Community Planning and Building
(Director), or his or her designee, if no approval is sought that requires review by a City
Board, Commission or Council. The Director may refer the request to the Planning
Commission.
(B) Other Review Authority. Requests for reasonable accommodation submitted for
concurrent review with another discretionary land use application, or when otherwise
referred by the Director, shall be reviewed by the Planning Commission.
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VI. Required Findings.
The reviewing authority shall not grant an accommodation(s) unless the following
findings can be made:
(1) That the housing, which is the subject of the request for reasonable accommodation,
will be used by an individual with disabilities protected
under fair housing laws; and
(2) That the requested accommodation is necessary to make housing available to an
individual with disabilities protected under the fair housing laws and cannot reasonably
be accomplished without special accommodations; and
(3) That the requested accommodation will not impose an undue financial or
administrative burden on the City; and
(4) That the requested accommodation will not require a fundamental alteration in the
nature of the City’s land use, zoning, building or Local Coastal Program; and
(5) That the requested accommodation will not result in a significant and unavoidable
negative impact on adjacent uses or structures.
VII. Conditions of Approval.
The reviewing authority may approve a request for accommodation(s) with appropriate
special conditions. These conditions could include, but are not limited to:
(1) Inspection of the affected premises periodically as needed;
(2) Removal of the improvements if the need for which the accommodation was granted no longer exists and/or upon transfer of interest in the property; and
(3) Other conditions deemed necessary to protect the public health, safety and welfare.

VIII. Appeals.
The final decision of the reviewing authority may be appealed by following the appeal procedures established in CMC Chapter 17.64 unless the final reviewing authority is the City Council, in which case the decision shall be final.