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HomeMy WebLinkAbout1975 ORDINANCE NO. 1975 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING SECTION 92.23.18 OF THE PALM SPRINGS ZONING CODE RELATING TO REASONABLE ACCOMMODATIONS, CASE 5.1459 ZTA. City Attorney's Summary This Ordinance adds Section 93.23.18 to the City's Zoning Code relating to reasonable accommodations. The Fair Housing Act (FHA), United States Code Title 42, Section 3604(f) and the California Fair Employment and Housing Act (FEHA), California Government Code Section 12927(c)(1), require the City to allow for reasonable accommodation in the application of its zoning and land use laws for disabled persons. The City of Palm Springs has not enacted a reasonable accommodations ordinance to date. This Ordinance codifies the requirements of the FHA and the FEHA. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Action Item HS1.4 of the Housing Element of the City of Palm Springs General Plan requires that the zoning code be amended to include provisions for the reasonable accommodation of disabled persons. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1459 ZTA was given in accordance with applicable law. C. On December 12, 2018, a public hearing on the proposed Zone Text Amendment was held by the Planning Commission in accordance with applicable law, at which meeting the Planning Commission voted 7 to 0 to recommend approval of the proposed amendment. D. On January 9, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. E. The proposed Zone Text Amendment is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. Ordinance No. 1975 Page 2 F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. G. The City Council finds that approval of the proposed Zone Text Amendment would: 1. Implement Action Item HS1 .4 of the Housing Element of the City of Palm Springs General Plan; 2. Provide compliance with the requirements of the Fair Housing Act as listed in United States Code Title 42, Section 3604(f); and 3. Provide compliance with California Government Code Section 12927(c)(1). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. Add Section 93.23.18 to the Palm Springs Zoning Code as follows: 93.23.18 Reasonable Accommodations A. Purpose and Intent. It is the policy of the City to make, as provided in this section, reasonable accommodation in the application of its zoning and land use laws for disabled persons, to the extent required under the Fair Housing Act (FHA), United States Code Title 42, Section 3604(f) and the California Fair Employment and Housing Act (FEHA), California Government Code Section 12927(c)(1). The purpose of this section is to establish the process for disabled persons to submit and for the City to review a Request for Reasonable Accommodation in the application of this title where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the City. B. For the purposes of this section, unless otherwise apparent from the context, certain words or phrases used in this section are defined as follows: 1 . "FEHA" means the California Fair Employment and Housing Act, codified at Government Code Section 12900 et. seq. 2. "FHA" means the Fair Housing Act, codified at 42 U.S.C. 3601 et. deq. Ordinance No. 1975 Page 3 3. "Person with a disability" means a person who has a physical or mental impairment that makes achievement of a major life activity difficult, as defined by FEHA section 12926, as amended; anyone who is regarded as having such impairment or anyone with a record of such impairment. 4. "Reasonable accommodation" means providing persons with disabilities, or developers of housing for persons with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or waving certain requirements, when it is necessary to eliminate barriers to housing opportunities for persons with disabilities. C. Review Authority. The Director is the final authority on a Request for Reasonable Accommodation relating to this section, subject to the appeal provisions of subsection H (Appeal). D. Applicability. 1. Eligible Applicants. a. A Request for Reasonable Accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for persons with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure may act as a barrier to fair housing opportunities for persons with disabilities. b. The FHA affords no protections to persons with or without disabilities whose tenancy presents a direct threat to the persons or property of others. Determining whether someone's tenancy poses such a direct threat must be made on an individualized basis, however, and cannot be based on general assumptions or speculation about the nature of a disability. 2. Eligible request. A Request for Reasonable Accommodation may include a modification or exception to the practices, rules, or standards forthe development, siting, and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. E. Application. 1 . Requirements. Application for a Request for Reasonable Accommodation shall be made to the Director on forms approved by Ordinance No. 1975 Page 4 the Director and shall be full and complete, including such data as may be prescribed by the Director to assist in determining the validity of the request. Incomplete applications shall not be accepted or filing. 2. Assistance with the Application. Upon request, the City will provide assistance to a person needing assistance in making the Request for Reasonable Accommodation to ensure that the process is accessible to persons with disabilities. F. Review and Processing. 1. Application Review. The director of planning services shall approve, approve with conditions, or deny a Request for Reasonable Accommodation in accordance with the required findings in subsection G (Required Findings). 2. Decision. a. Decision Timing and Content. The director of planning services shall issue a written decision on a Request for Reasonable Accommodation within 30 days of receipt of a complete application. The written decision shall explain in detail the basis of the decision under the required findings in subsection G (Required Findings), give notice of the applicant's right to appeal the decision, and be sent to the applicant by certified or registered mail. b. Request for Further Information. If necessary to reach a decision on Request for Reasonable Accommodation, the director of planning services may request further information from the applicant consistent the FHA FEHA and this section specifying in detail the further information required. In q the event that a request for additional information is made, the 30-day period to issue a decision under subsection 2.a (Decision Timing and Content) is stayed until the applicant responds to the request. 3. Compliance with other Regulations. An approved Request for Reasonable Accommodation does not affect any person's obligations to comply with all other applicable regulations not at issue in the requested accommodation. 4. Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy Ordinance No. 1975 Page 5 rights of the applicant and shall not be made available for public inspection, unless disclosure is otherwise required by state or federal law. G. Required Findings. Prior to approval of a Request for Reasonable Accommodation, all of the following findings shall be made consistent with the FHA and FEHA: 1 . The housing, which is the subject of the request for reasonable accommodation, will be used by a person with disabilities protected under fair housing laws. 2. The requested accommodation is necessary to make housing available to a person with disabilities protected under the fair housing laws. 3. The requested accommodation would not impose an undue financial or administrative burden on the city. 4. The requested accommodation would not require a fundamental alteration in the nature of the city's land use, zoning or building policies, practices or procedures, including consideration of alternatives which may provide an equal level of benefit. 5. The requested accommodation will not result in a direct and significant threat to the health or safety of other persons or substantial physical damage to the property of others. H. Appeals. 1 . Procedure. The action of the director of planning services shall be final unless appealed to the planning commission within ten (10) working days. The appeal shall be in writing and, upon receipt and filing of the appropriate appeal fee, the director of planning services shall schedule the item at the next available regular meeting of the planning commission. The action of the planning commission shall be final unless appealed to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. 2. Assistance with Appeal. Upon request, the City will provide assistance to a person needing assistance in filing an appeal to ensure that the appeals process is accessible to persons with disabilities. I. Modifications Requested by the Applicant. The applicant may request modifications to the approved request for reasonable accommodation. The application for modification shall be submitted, processed, and reviewed in the same manner as a new application. Ordinance No. 1975 Page 6 J. Modifications or Revocations Initiated by the City. 1. Review Authority and Findings. The Director may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. 2. Procedures. The Director shall notify the applicant of the change or revocation of the approval by mail no later than the next business day after the director's decision. The applicant may appeal the director's decision as provided in subsection H (Appeals). SECTION 3. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 4. The City Council determines that the project is categorically exempt from further review per State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of Ordinance is exempt because the code amendment is not a "project" as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. [§ 15060(c)(3).] A Notice of Exemption (NOE) will be posted should the Ordinance receive final approval. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND AD ED BY PALM SPRINGS CITY COUNCIL THIS 23RD DAY OF JANUARY, 019. ROBERT MOON A EST: MAYOR HONY . M C CITY CLEFJK Ordinance No. 1975 Page 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 1975 is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the 91h day of January, 2019, and adopted at a regular meeting of the City Council held on the 23ro day of January, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, and Mayor Moon NOES: None ABSENT: Mayor Pro Tem Kors ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this S i S�- day of =a,Y A=n , 2019. A""' a ANTHONYO.-MEII�mw CITY CLE K