ORD 06-09 Amending Title 17 Reasonable Accomodations Disabled PersonsORDINANCE N0.6-
09 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17 OF
THE ORANGE MUNICIPAL CODE TO
ADD PROVISIONS FOR
REASONABLE ACCOMMODATIONS FOR DISABLED
PERSONS IN THE PROVISION OF
HOUSING.WHEREAS, pursuant to the state Fair Employment and Housing Act and the
federal Fair Housing Act the City is required to provide a reasonable accommodation in
the application of its rules, policies, practices or regulations when such accommodation
is reasonably necessary to afford a disabled person an equal opportunity to use and enjoy
a dwelling;
and WHEREAS, in the past the City has utilized the procedures for
administrative adjustments, variances or other existing procedures in processing requests for
such reasonable accommodations;
and WHEREAS, the City Council finds that the processing of requests for
reasonable accommodations in the provision of housing will be more efficient and defined if there is
a specific procedure for the processing of such
request.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:cF~TTnN
r A new Section 17.10.045 is added to the Orange Municipal Code to read as
follows:Section17.10.045 Reasonable
Accommodation.A. Purpose and Intent. This Section provides a procedure and sets standards
for disabled persons seeking a reasonable accommodation in the provision of housing and
is intended to comply with federal and state fair housing laws. A reasonable accommodation
is defined as relief from the strict application of the City's zoning and land use
regulations,policies, and practices when such an accommodation is found to be reasonably necessary
to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.
An accommodation is not reasonable i£ (1) it will fundamentally alter the City's zoning
scheme or program; (2) the benefits provided by the accommodation are outweighed by the costs
and administrative burden created; or (3) it would create a direct threat to the health and safety
of other individuals or physical damage to the property of others. Unless otherwise noted,
terms used herein shall have the same meaning as those terms have under the state
Fair Employment and Housing Act, Government Code § 12926 et seq. and the federal
Fair Housing Act, 42 United States Code §3601 et seq. The term "handicapped" and "
disabled"shall be construed as having the same
B. Other than requests for reasonable accommodation that involve handicapped
parking in City streets or would require a variance or conditional use permit subject to review
by the Planning Commission, the Community Development Director or his designee, which
may be an outside hearing officer (hereafter jointly referred to as Director), shall approve,
conditionally approve, or deny all applications for a reasonable accommodation. Requests
for reasonable accommodation which otherwise constitute a variance or a conditional use
permit shall be processed in accordance with the OMC process for such entitlements;
provided that all determinations on a request for reasonable accommodation shall be made in
accordance with subsections E. and F. of this Section.
C. Application for a Reasonable Accommodation. Any person with a disability,
their authorized written representative, or a developer or provider of housing for individuals
with a disability may submit a request for a reasonable accommodation. A reasonable
accommodation may be approved only for the benefit of one or more individuals with a
disability. An application for a reasonable accommodation shall be made on a form provided
by the Planning Department and the applicable processing fee (administrative adjustment fee
shall apply to determinations of the Director) paid. The application shall include, but not
necessarily be limited to the following information:
1. Documentation that the applicant is: (i) an individual with a disability; (ii)
applying on behalf of one or more individuals with a disability; or (iii) a
developer or provider of housing for one or more individuals with a disability.
2. The specific exception or modification to the zoning code section, policy or
practice that is being requested.
3. An explanation that the accommodation requested is necessary to provide one or
more individuals with a disability an equal opportunity to use and enjoy the
dwelling.
4. Any other information that the Director reasonably concludes is necessary to
determine whether the findings required by this Chapter can be made.
D. Decision of the Director. The Director shall issue a written determination to
approve, conditionally approve, modify or deny a request for reasonable accommodation and
if approved a permit for a reasonable accommodation shall be issued.
E. Written Findings. The written decision to approve, conditionally approve,
modify or deny the request for reasonable accommodation shall be based on the following
findings, all of which are required for approval:
1. The accommodation is requested by or on the behalf of one or more individuals
with a disability.
2. The accommodation is necessary to provide one or more individuals with a
disability an equal opportunity to use and enjoy a dwelling.
3. The accommodation will not impose an undue financial or administrative burden
on the City.
4. The accommodation will not result in a fundamental alteration in the nature of the
City's zoning scheme.
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5. The accommodation will not result in a direct threat to the health and safety of
other individuals or physical damage to the property of others.
F. The Director may consider, but is not limited to, the following factors in
determining whether the requested accommodation is reasonably necessary to provide one or
more individuals with a disability an equal opportunity to use and enjoy a dwelling.
1. Whether the reasonable accommodation is being provided primarily to benefit
individuals who are disabled.
2. Whether the requested reasonable accommodation will lead to an equal
opportunity for a disabled individual to use and enjoy a dwelling.
3. Whether financial considerations make the requested accommodation reasonably
necessary in light of the relevant market and market participants.
4. Whether the requested accommodation would fundamentally alter the character of
the neighborhood.
5. Whether the accommodation would result in a substantial increase in traffic or
insufficient parking.
6. Whether granting the requested accommodation would substantially undermine
any express purpose of either the City's General Plan or an applicable Specific
Plan.
7. Whether the requested accommodation would create an institutionalized
environment due to the number of tenants being proposed and/or the number or
distance between facilities that are similar in nature or operation.
8. Whether it would significantly deprive any neighboring property owners of the
use and enjoyment of their own properties.
H. Compliance with Existing Rules. In order to be eligible for consideration for
a reasonable accommodation, the property must be in compliance with the then existing laws
and regulations otherwise applicable to the property that is the subject of the request. If the
non-compliance is through no fault of the applicant or unrelated to the request for
reasonable accommodation, the Director may waive this requirement. However, such a waiver shall
not preclude the City from requiring that the existing violations to be corrected in
accordance with the
OMC.I. Effective Date. No reasonable accommodation shall become effective
until the decision to grant such accommodation becomes final by reason of the expiration of
time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall
not become effective unless and until all administrative appeals have been exhausted
in accordance with Chapter 17.08 of the
OMC.J. Time Extension, Voidance, and Revocation. Any reasonable
accommodation approved in accordance with the terms of this Section may be extended, voided or
revoked for the same reasons and in the same manner as a conditional use permit or for any
violations of this Section or the terms or conditions of the reasonable accommodation or if any law
is violated in connection with the use of the reasonable accommodation.
Reasonable accommodations granted under this Section shall not run with the
land.
K. Restrictive Covenant. When applicable, the City shall enter into a restrictive
covenant with the owner of the property which provides that prior to any sale, transfer, lease
or other conveyance of the property or at the time the need for the reasonable
accommodation is no longer necessary, that the owner of the property shall bring the
property into conformance with the City's zoning code to the extent that relief was provided
under the zoning code as part of the, request for reasonable accommodation. The restrictive
covenant shall be recorded against the property being granted the reasonable accommodation.
The restrictive covenant shall provide that the reasonable accommodation does not run with
the land and shall terminate upon any sale, transfer, lease or other conveyance of the
property. Upon submittal of a new application for a successor in interest to the property, the
Director may consider a continuation of the reasonable accommodation if it is consistent with
and does not extend the original approval.
L. Appeals. Appeals of any decision may be made in accordance with Chapter
17.08 of the OMC.
M. Amendments. A request to modify an approved reasonable accommodation
shall be treated as a new application, unless in the opinion of the Director, the requested
modification results in only a minor change, is within his authority to approve and is
consistent with the original approval."
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional. This Ordinance shall be prospective in application from its
effective date.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published, and circulated in the City of
Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from and after the date of its final passage.
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ADOPTED this 25th day of August, 2009.
ATTEST:
Mary E. M y, ity Clerk, City of e
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 11th day of August, 2009, and thereafter at the regular meeting of said
City Council duly held on the 25th day of August, 2009, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E u y, City Clerk, Ci f Orange
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