HomeMy WebLinkAboutReasonable Accommodation Procedures - Ordinance 3971 - Amend PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS. CITY OF HUNTINGTON
BEACH
COUNTY OF ®RANGE UGIANOTICE ;
ORDINANCE N0.301
Adopted by.the Cit Council
on MARCH 4,2013
1 am a citizen of the United States and a "AN ORDINANCE OF THE
CITY' OF-'HUNTINGTON
resident of the County of Los Angeles; I BEACH.AMENDING THE
HUNTINGTON BEACH
am over the age of eighteen years, and MUNICIPAL 'CODE BY
ADDING NEW CHAPTER
not a party to or interested in the notice 17.77 THERETO ENTI-
TLED 'REASONABLE AC-
published. I am a principal clerk of the COMMODATION PROCE-'
'DURES'." -
HUNTINGTON BEACH SYNOPSIS:
TRFADINDEPENDENT, which was adjudged a TER 17.717°TTO HE�HUN-
TINGTON BEACH MU-
newspaper of , general circulation on N I C I P.A.L C 0 DE
September 29, 1961, ESS FO RR INDIVIDDUALS case A6214, and ESTABL1 ,A` UALS
June 11, 1963, case A24831; for the WITH DISABILITIES REQUEST A REASON-
ABLE ,ACCOMODATION
City of Huntington Beach, County of IN THE'APPLICATION OF
THE CITY'S ZONING AND
Orange, and. the State of California. BUILDING STANDARDS
g AND REGULATIONS: IM-
Attached to this Affidavit is a true and PLEMENTATION OF A
REASONABLE ACOM-
complete copy as was printed and MODATION PROCEDURE
IS REQUIRED PURSUANT
published on.the following date(s): TO STATE AND FEDERAL
FAIR. HOUSING' LAWS
'AND IS IDENTIFIED AS A
PROGRAM IN THE 2008-
Thursday, March 14, 2013 2013 GENERAL PLAN
HOUSING ELEMENT.
PASSED AND ADOPTED
by the City Council of
the City, of Huntington
Beach at a regular
certify (or declare) under penalty March,.
2
March,4, 2013 by.the
following roll call vote:
of perjury that the foregoing is true AYES:-'Sullivan, Hardy,
Harper, Boardman,
and correct. Carchio,Shaw
yOES:None
ABSTAIN:None
ABSENT:Katapodis
THE FULL TEXT-OF THE
ORDINANCE IS AVAIL-
ABLE.-IN THE CITY
'S OFFICE.
Executed on March 20, 2013 This ,dinance
This ordinance is effec-
tiveat Los Angeles, California tiun days after
CITY OF HUNTINGTON,
BEACH
2000 MAIN STREET
HUNTINGTON BEACH,,
CA 92648'
J 14-536-5227
JOAN L.FLYNN,CITY.
p� CLERK
Published H.B. Indepen-
dent3/14/13
Signature
Dept. ID PL13-001-Page 1 of 3
Meeting Date:2/19/2013
CITY OF HUNTINGTON REACH
e „ REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 2/19/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Approve for introduction Ordinance No. 3971 amending the Huntington Beach
Municipal Code by adding Chapter 17.77 establishing Reasonable
Accommodation Procedures
Statement of Issue:
Transmitted for your consideration is a Municipal Code Amendment to add Chapter 17.77
Reasonable Accommodation Procedures to the Huntington Beach Municipal Code. The Municipal
Code Amendment would establish a process for individuals with disabilities to request a reasonable
accommodation in the application of the City's zoning and building standards and regulations.
Implementation of a reasonable accommodation procedure is required pursuant to State and
federal fair housing laws and is identified as a program in the 2008-2013 General Plan Housing
Element.
Financial Impact: Not Applicable.
Recommended Action: Motion to:
Approve Municipal Code Amendment and approve for introduction Ordinance No. 3971, "An
Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by
Adding New Chapter 17.77 Thereto Entitled "Reasonable Accommodation Procedures."
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Deny the Municipal Code Amendment to establish a reasonable accommodation procedure.
2. Continue the Municipal Code Amendment to establish a reasonable accommodation
procedure and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Location: Citywide (properties zoned or used for housing)
HB -257- Item 11. - 1
Dept. ID PL13-001-Page 2 of 3
Meeting Date:2/19/2013
The proposed Municipal Code Amendment would establish a procedure for individuals with
disabilities to request a reasonable accommodation in the application of the City's zoning and
building regulations. Implementation of a reasonable accommodation procedure is identified as a
program in the Housing Element to achieve goals and policies for the provision of equal housing
opportunity in the City. The current adopted Housing Element commits the City to implementing a
reasonable accommodation procedure within the 2008-2013 planning period.
The Municipal Code Amendment would add Chapter 17.77 to the Huntington Beach Municipal Code
and apply to all properties zoned or used for housing. The process allows a disabled individual, as
defined under State and federal fair housing laws, to request deviations from zoning, and building
regulations in order to make improvements to a property or dwelling to accommodate a disability.
B. STAFF ANALYSIS AND RECOMMENDATION:
Federal and State fair housing laws prohibit local and regional jurisdictions from discriminating
against individuals with disabilities through land use and zoning regulations and actions. The
proposed reasonable accommodation ordinance would provide a process to consider whether a
development standard or building code regulation can be modified or exempted in order to allow an
individual with a disability to occupy their home. Requiring procedures such as variances and
conditional use permits in such cases has been found to be inconsistent with State and federal fair
housing laws. SB 520 (2002) was enacted to require jurisdictions to identify governmental
constraints that hinder a jurisdiction from meeting the housing need for persons with disabilities.
The statute also requires jurisdictions to include programs in the Housing Element that remove
these constraints or provide reasonable accommodations for housing designed for persons with
disabilities. In recognition of this, the current adopted Housing Element includes a program for the
City to adopt a reasonable accommodation procedure within the planning period. If the City does
not adopt a reasonable accommodation procedure, the California Department of Housing and
Community Development (HCD) would determine that the Housing Element is not in compliance
and would not certify the Housing Element Update, which is anticipated for Council action and
submittal to HCD later this year.
The process for requesting a reasonable accommodation would require approval of a no-fee
administrative permit. The application is required to be accompanied by a description of the
standard or regulation for which the reasonable accommodation is requested, the basis for the
claim that the individual is considered disabled, and a statement detailing why the reasonable
accommodation is necessary. Additionally, if the request proposes to deviate from a required
setback, a 300-foot radius notification would be required as part of the administrative permit
process. Required findings would ensure that the reasonable accommodation would not pose an
undue financial or administrative burden on the City or result in the fundamental alteration in the
nature of the City's codes and regulations.
The process would not exempt an applicant from complying with other applicable regulations that
are not part of the reasonable accommodation request. In addition, any other required entitlements
that are not part of the reasonable accommodation request must be obtained. However, the
reasonable accommodation request itself would not trigger the need for approval of a variance or
conditional use permit.
Example Reasonable Accommodation Requests
Below is a list of reasonable accommodation requests that are representative of typical requests the
City would anticipate receiving based on examples cited in the HCD guidance documents as well as
other cities that have already implemented these procedures.
Item 11. - 2 HB -258-
Dept.ID PL1 3-001-Page 3 of 3
Meeting Date:2/19/2013
• Request to exceed the maximum 42-inch front yard height requirement to accommodate
wheelchair ramp access to a dwelling entrance
• Request to construct a bedroom addition on the first floor within the required rear yard
setback to accommodate a disabled person unable to climb stairs
• Request to exceed the maximum building height to accommodate an elevator shaft for
access to upper floors of a dwelling
• Request to exceed maximum lot coverage requirements to accommodate construction of a
bathroom on the first floor for a mobility impaired disabled person
• Request to exceed maximum 42-inch wall height within the front yard setback to
accommodate a secure play area for a special needs disabled child
In the last decade, the only request to deviate from the City's codes due to a disability occurred in
the Ellis Goldenwest Specific plan area. The City approved a variance request to deviate from the
two feet maximum cut/fill limitation because the household needed a level (not split) first floor to
accommodate an individual in a wheelchair.
Through the proposed reasonable accommodation ordinance, the City would have the ability to
grant accommodations such as the examples listed above consistent with State and federal fair
housing laws, State housing element law and the City's General Plan Housing Element while
providing for adequate review and neighborhood notification, as applicable. It should be noted that
HCD guidance documents and model ordinances were utilized in preparing the proposed
reasonable accommodation ordinance.
C. SUMMARY:
Staff is recommending approval of the Municipal Code Amendment to establish a reasonable
accommodation procedure for the following reasons:
• The reasonable accommodation procedure would be consistent with State and federal fair
housing laws.
• The reasonable accommodation procedure would achieve compliance with State Housing
Element law and enable the City to receive certification of the Housing Element Update from
HCD.
• The reasonable accommodation procedure would implement General Plan Housing Element
goals and policies for the provision of equal housing opportunity.
• The reasonable accommodation procedure would eliminate governmental constraints in
meeting the City's housing need for persons with disabilities.
Environmental Status: The proposed project is categorically exempt pursuant to the City Council
Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act.
Strategic Plan Goal: Maintain public safety
Attachment(s):
1. Draft Ordinance No. 3971, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Adding New Chapter 17.77 Thereto Entitled
`Reasonable Accommodation Procedures."
2. SB 520 (2002) HCD Document
3. Housing Element Program No. 22 Reasonable Accommodation
SH/KDC/MBB Jv
xB -259- Item 11. - 3
ATTACHMENT # 1
ORDINANCE NO. 3971
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.77
THERETO ENTITLED "REASONABLE ACCOMMODATION PROCEDURES"
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended to add
new Chapter 17.77 thereto, entitled"Reasonable Accommodation Procedures,"to read as
follows:
Chapter 17.77
REASONABLE ACCOMMODATION PROCEDURES
Sections
17.77.010 Purpose
17.77.020 Definitions
17.77.030 Applicability
17.77.040 Procedures Established
17.77.050 Findings
17.77.060 Appeals
17.77.070 Fee
17.77.010 Purpose. It is the policy of the City of Huntington Beach, pursuant to the
Federal Fair Housing Amendments Act of 1988 and California Fair Employment and
Housing Act, to provide people with disabilities reasonable accommodation in rules,
policies, practices and procedures that may be necessary to ensure equal access to
housing. The purpose of this Chapter is to establish procedures for individuals with
disabilities to make requests for reasonable accommodation in the application of the
City's land use, zoning and building standards, regulations, policies and procedures and
to establish criteria for consideration of such requests.
17.77.020 Definitions. For the purposes of this Chapter, the following terms shall have
the respective meanings as set forth herein, unless the context in which they are used
clearly indicates to the contrary:
(a) Acts: The Federal Fair Housing Amendments Act of 1988 and the
California Fair Employment and Housing Act.
(b) Ap lip cant: An individual (or designee) who files a request for reasonable
accommodation pursuant to this Chapter.
(c) . Director: Shall mean the Director of Planning and Building Department.
12-3585.001/90551 1
Ordinance No. 3971
(d) Disabled Individual: Any person who has a medical condition, physical
disability, or mental disability that substantially limits one or more of the person's major
life activities, as those terms are defined in the California Fair Employment and Housing
Act (Government Code Section 12900 et seq) and Federal Fair Housing Amendments
Act.
(e) Reasonable Accommodation: A modification or exception to the
standards, regulations, policies and procedures of the City of Huntington Beach for the
siting, development and use of housing or housing-related facilities, that would eliminate
regulatory barriers and provide a disabled individual equal opportunity for the use and
enjoyment of housing of their choice, and that does not impose undue financial or
administrative burdens on the City.
17.77.030 Aipplicability. To make specific housing available to a disabled individual,
any person may request reasonable accommodation pursuant to this Chapter to modify a
zoning or building standard, regulation, policy, or procedure as may be necessary to
afford the disabled individual equal opportunity to the use and enjoyment of their
dwelling. A request for reasonable accommodation may be made on any property zoned
or used for housing and may be filed at any time that the accommodation may be
necessary to ensure equal access to housing. A,request for reasonable accommodation
shall be made by filing an application with the Planning and Building Department. If an
individual needs assistance in making the request for reasonable accommodation,the City
shall provide assistance to ensure that the process is accessible.
17.77.040 Procedures Established.
A. Application. Requests for reasonable accommodation shall require
approval of an Administrative Permit and require submittal of a General Planning
Application form and accompanying submittal materials as required by the Planning and
Building Department. In addition, the application shall include the following
information:
1. The basis for the claim that the individual is considered disabled under the
Acts. However, any information related to disability status and 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.
2. A description of the reasonable accommodation request and the zoning or
building standard, regulation, policy or procedure from which the reasonable
accommodation is being requested.
3. A statement why the reasonable accommodation request is necessary for the
disabled individual to use and enjoy the dwelling.
B. Review with Other Land Use Applications. If the project for which the
application for reasonable accommodation is being made requires approval of one or
more entitlements pursuant to the provisions of this Code, then the applicant shall file the
application for reasonable accommodation concurrent with the application for any other
12-3585.001/90551 2
Ordinance No. 3971
entitlement(s). A reasonable accommodation request does not affect or negate an
applicant's obligations to comply with other applicable regulations that are not the
subject of the requested accommodation. A request for reasonable accommodation itself
shall not require submittal of a variance request.
C. Review Authority. A request for reasonable accommodation shall be
reviewed and acted upon by the Director if no other entitlement is required. Requests for
reasonable accommodation submitted concurrent with other entitlement(s) shall be
reviewed and acted upon by the reviewing body with authority over the other
discretionary entitlement(s).
D. Public Notification. A request for reasonable accommodation shall
require notification to adjacent property owners if the request affects a required setback.
The applicant shall submit a copy of the notice mailed, a list of addresses given notice,
and proof of mailing upon submittal of the application. The notice shall include the
following information:
1. Name of applicant;
2. Location/address of reasonable accommodation request;
3. Nature of reasonable accommodation request;
4. Contact information including phone number and address for the City of
Huntington Beach Planning and Building Department for viewing the application and
submittal materials; and
5. The date by which any comments must be received in writing by the City. The
applicant shall allow ten (10) working days from the date of mailing for adjacent
properties to review and comment on the application.
E. Conditions of Approval. In granting a request for reasonable
accommodation, the reviewing authority may impose conditions of approval deemed
reasonable and necessary to ensure that the reasonable accommodation would comply
with the findings required by this Chapter. Conditions may include (but are not limited
to) those that would ensure that any removable structures or physical design features that
are constructed or installed in association with the reasonable accommodation be
removed once those structures or physical design features are no longer necessary to
afford the disabled individual for whom the reasonable accommodation was granted the
use and enjoyment of the dwelling.
17.77.050 Findings. A request for reasonable accommodation may be approved or
conditionally approved if, on the basis of the application, plans, materials, and testimony
submitted, the reviewing authority finds that:
A. The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the Acts.
12-3585.001/90551 3
Ordinance No. 3971
B. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Acts.
C. The requested reasonable accommodation will not impose an undue
financial or administrative burden on the City.
D. The requested reasonable accommodation will not require a fundamental
alteration to the nature of a City program, or to the City's zoning or building laws,
policies, or procedures.
E. For housing located in ,the coastal zone, a request for reasonable
accommodation pursuant to this Chapter may be approved or conditionally approved by
the City if, in addition to the Findings set forth in subsections A-D above, the reviewing
authority finds that it is consistent with the City's certified Local Coastal Program and the
California Coastal Act to the extent feasible, and there are no feasible alternatives for
providing an accommodation at the dwelling that would provide greater consistency with
the certified Local Coastal Program.
17.77.060 Appeals. Approval of a reasonable accommodation shall become effective
ten days after action by the reviewing authority unless appealed. Appeals of decisions to
approve, conditionally approve, or deny a reasonable accommodation request shall be
made pursuant to the provisions of Title 24, Chapter 248 of the HBZSO.
17.77.070 Fee. Notwithstanding fees required for any other concurrent entitlements,
there shall be no fee imposed in connection with an application for reasonable
accommodation pursuant to the provisions of this Chapter.
SECTION. 2 This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 4th day of March 2013.
e
Mayor
ATTEST: INITI D AND APP OVED:
City Clerk Direc or o nni lang and Building
*EDD APPROVED:
APPROVED AS TO FORM:
F-c�City Attorney
12-3585.001/90551 4
Ord. No. 3971
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on February 19, 2013, and was again read to said City Council at a
Regular meeting thereof held on March 4, 2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw
NOES: None
ABSENT: Katapodis
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on March 14,2013.
In accordance with the City Charter of said City
Joan L.Flynn,City Clerk C. Clerk and ex-officio Clerk
Assistant City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
STATE OR CA!TFORNIA-BUSINFM TRANSPORTAIM AND HOUSING AGENCY GRAY DAVIS =,
DEPARTMENT OF HOUSING AND COMMUNT17Y DEVELOPMENT
Division of Dousing Policy Development arlc�o
I800 T6iai Strc ,Saito 430
P.0.Box 952033 +
&u=ealo,CA 94252-2053 y
(916)323-3176 PAX: (916)327-2643
June 17,2002
MEMORANDUM TO: Planning Directors and Interested Parties
FROM: Cathy Creswell,Deputy Director
Division of Housing Policy Development
SUBJECT: Housing Element Legislation Effective January 1,2002
As you know, all localities are required to prepare and adopt a housing element as a part of their
general plan. The housing element must include, among other things, identification and analysis of
existing and projected housing needs, an identification of resources and constraints to address these
needs and, goals, policies and scheduled programs for the maintenance improvement and
development of housing for all economic segments of the community. For your information,
Chapter 671, Statutes of 2001 (Senate Bill 520-Chesbro) effective on January 1, 2002, amended
housing element law and Government Code Section 65008. As a result, State housing element law
now requires localities to include the following in the preparation and adoption of a housing element:
1. As part of a governmental constraints analysis, an element must analyze potential and actual
constraints upon the development, maintenance and improvement of housing for persons with
disabilities and demonstrate local efforts to remove governmental constraints that hinder the
localityfrom meeting the need for housing for persons with disabilities(Section 65583(a)(4)),
2. As part of the required constraints program, the element must include programs that remove
constraints or provide reasonable accommodations ,for housing designed for persons with
disabilities(Section 65583(c)(3)).
All elements adopted after January 1,2002 should comply with the requirements of Chapter 671. The
Department is developing technical assistance materials to assist localities in the implementation of
these new provisions.
The attached information is provided to inform Localities and to assist in evaluating how these new
provisions of law effect your communities. A copy of the legislation can be found on the
Department's website at www.hcd mov. You may obtain copies of published bills from the 2001
session from the Legislative Bill Room at (916) 445-2323 or from the Senate's website at:
www.senataea.-ov. If you have any questions or would like additional information on housing
element requirements,please contact Paul Mc Dougall, of our staff; at(916) 322-7995.
Attachments
Item 11. - 10 HB -266-
Chapter 671, Statutes ®f 2001_
(Senate Bff1520)
Section 1 of Chapter 671 of 2001 statutes(SB 520)imparts the following;
It is the intent of the legislature in enacting this act only to clarify existing
state requirements and not to establish any new reimbursable state
mandate.
In addition, Chapter 671 amends two areas of planning and land use lave within the Government
Code: Chapter I - General Provisions (Section 65008) and Chapter 3 -Local Planning(Article 10.5,
starting with Section 65580), specifically,as follows, excluding minor clean-up amendments.
Government Code Section 65008 Excerpts additions or changes in italicslunderlined
and deletions indicated by asterisks)
65008. (a)Any action pursuant to this title by any city, county,city and county,or other local
governmental agency in this state is null and void if it denies to any individual or group of individuals
the enjoyment of residence,landownership,tenancy,or any other land use in this state because of any
of the following reasons:
(1) The race, sex, color, religion, ethnicity, national origin, ancestry, lawful occupation, arnilial
status, disability,or age of the individual or group of individuals. For-purposes of this
section both otthe following definitions apply
U; "Familial status"as defined in Section 12955.2.
(& "Disability"as defined in Section 12955.3.
(2) The method of financing of any residential development of the individual or group of
individuals.
(3) The intended occupancy of any residential development by persons or families of love,moderate,
or middle income.
(b)No city, county, city and county, or other local governmental agency shall, in the enactment or
administration of ordinances pursuant to this title, prohibit or discriminate against any residential
development or emergency shelter because of the method of financing or the race, sex,color,religion,
ethnicity,national origin,ancestry, lawful occupation,familial status, disability, or age of the owners
or intended occupants of the residential development or emergency shelter.
(c) Omitted-Chapter 671 did not have major changes to this subsection
(d) (1) No city, county, city and county, or other local governmental agency may impose different
requirements on a residential development or emergency shelter that is subsidized, f-manced, insured,
or otherwise assisted by the federal or state government or by a local public entity, as defined in
Section 50079 of the Health and Safety Code, than those imposed on nonassisted developments,
except as provided in subdivision(e).
state w o-owu=ofoaysing Tb cy 2elagrnent 1 June 2002
HB -267- Item 11. - 11
Chapter 671 Statutes of 2001
(Senate Bill 520)
(2) No city, county, city and county, or other local governmental agency may, because of the race,
sex, color, religion, ethnicity, national origin, ancestry, lawful occupation,familial status. disability,
or age of the intended occupants, or because the development is intended for occupancy by persons
and families of low, moderate, or middle income, impose different requirements on these residential
developments than those imposed on developments generally, except as provided in subdivision(e).
(e g)—Omitted-Chapter 671 did not have major changes to these subsections
(h) The Legislature finds and declares that discriminatory practices that inhibit the development of
housing for persons and families of low,moderate, and middle income, or emergency shelters for the
homeless,are a matter of statewide concern.
Government Code Section 65583, Excp is from Housing Element Law (additions or
changes in italics/underlined and deletions indicated by asterisks)
65583. The housing element shall consist of an identification and analysis of existing and projected
housing needs and a statement of goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development of housing. The housing
element shall identify adequate sites for housing, including rental housing, factory-built housing, and
mobilehomes, and shall make adequate provision for the existing and projected needs of all economic
segments of the community. The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the
meeting of these needs, The assessment and inventory shall include the following;
(1 - 3) Omitted—Chapter 671 did not have major changes to these subsections.
(4) An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels and for persons with disabilities as
identified in the analysis pursuant to paragraph t4 ot bdivision (a), including land use controls,
building codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures. The analysis shall also demonstrate local
efforts to remove governmental constraints that hinder the locality from meeting its share of the
regional housing need in accordance with Section 65584 and from meeting the need for housing for
Uersons with disabilities ideat ed pursuant to paragraph (6).
(5) Omitted—Chapter 671 did not have major changes to this subsection.
(6) An analysis of any special housing needs, such as those of the *** "handicapped" omitted***
elderly, persons with disabilities large families, farmworkers, families with female beads of
households, and families anal persons in need of emergency shelter.
state 9TCO—Division dwousing iporxy Deee1bpM1tt 2 June W02
Item 11. - 12 HB -268-
Chapter 671, Statutes of 2001
(Senate Bill 520)
(7 - S) Omitted—Chapter 671 did not have major changes to these subsections.
(b)Omitted—Chapter 671 did not have major changes to this subsection.
(c)Omitted—Chapter 671 did not have major changes to this subsection.
(1-2) Omitted—Chapter 671 did not have major changes to this subsection.
(3) Address and, where appropriate and legally possible, remove governmental constraints to the
maintenance, improvement,and development of housing, including housin for all income levels and
housing or persons with disabilities. The pro am shall remove constraints to, or provide
reasonable accommodations for housing designed for intended or occupancy by, or with sup, ortive
services for,persons with disabilities.
(4)Omitted—Chapter 671 did nothave major.changes to this subsection.
(5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status,
ancestry,national origin,*** "or"omitted*** color,familial statues. or disabiW.
(6)Omitted—Chapter 671 did not have major changes to this subsection.
(d-e)Omitted—Chapter 671 did not have major changes to these subsections.
State-WM—fDivis=afYfo=V ab icy Dewfament 3 June 2W2
1-113 -269- Item 11. - 13
t
Chapter 671 Statutes ®f 2OO1
(Senate Bill 520)
IWLEMI✓NTATION ISSUES
The following is a list of potential issues in a question and answer format to assist localities in
implementing the provisions of Chapter 671 (SB 520).
Question 01 What requirements does Chapter 671 add to the housing element process?
Answer: Prior to January 1, 2002 local governments were required to include an analysis of special
housing needs in the housing element, including the needs of handicapped persons. SB 520 requires
that in addition to the needs analysis for persons with disabilities, the housing element must analyze
potential governmental constraints to the development, improvement and maintenance of housing for
persons with disabilities and to include a program to remove constraints to, or provide reasonable
accommodations for housing designed for occupancy by, or with supportive services for persons with
disabilities.
Question #2 What does the law mean by "housing designned for occupancy by or with supportive
services for,persons with disabilities"?
Answer: The new law incorporates the definition} of "disability" from the California Fair
Employment and Housing Act, Government Code Section 12955.3. See the attached pertinent
sections of the Government Code. Housing designed for occupancy by, or with supportive services
for persons with disabilities includes a wide range of housing types. For example, housing that is
physically accessible to people with mobility impairments, residential care facilities for individuals
with disabilities or for the ederly, group homes, housing for individuals with Alzheimer's, housing
for persons with AIDS/HIV, housing with support services and transitional housing that serve
homeless with disabilities are within the meaning of"housing designed for occupancy by, or with
supportive services for,persons with disabilities."
Question 43 Does Chapter 671 apply to jurisdictions that adopted elements prior to January 1,2002?
Answer: No. The new law applies to any jurisdiction that adopts a housing element after
January 1, 2002.
Stau HOD—Oft iron of?f=uW Qtftzy Dewfopment 4 7une M2
Item 11. - 14 HB -270-
Chatter 671, Statutes of 2001
(Senate BM 520)
Question #4: What does the law require of a jurisdiction, as part of its governmental constraints
xarogr�?
Answer: The law requires local governments to remove constraints to housing for persons with
disabilities or provide reasonable accommodation to housing for persons with disabilities. Among
other things,provisions in a local government's zoning and land use ordinances which restrict or limit
housing for persons with disabilities should be identified in the jurisdiction's analysis of potential and
actual governmental constraints to housing for persons with disabilities. The Department will be
developing a list of examples to assist jurisdictions in the implementation of this requirement. In the
meantime, the California Attorney General issued a letter on May 15, 2001 to all mayors and the
County Supervisors Association of California that could be useful in understanding "reasonable
accommodation" in the zoning and land use context. A copy of this has been attached for your
reference.
Question#5: Are there examples of "reasonable accommodation" ordinances that local governments
have adopted in California recently?
Answer: White adopting a reasonable accommodation ordinance is not the only means of complying
with the provisions of Chapter 671,the Attorney General's Letter cites examples of local ordinances,
Long Beach and San Jose, and includes a reference to an organization that can provide more
examples,
state MOD—Ohwion of9fousiv o'oGry omfopment S june 2002
HB -271- Item. 11. - 15
i
I
DEFINITION OF "DISABILITY" FROM THE CALEF011 NIA FAIR E PLOYMENT AND
HOUSING ACT, GOVERNMENT CODE SECTIONS 12955.3.AND I2926
I
I
12955.3. For purposes of this part, "disability" includes,but is not limited to,any physical or mental
disability as defined in Section 12926.
12926. As used in this part in connection with unlawful practices,unless a different meaning clearly
appears from the context:
(a) "Affirmative relief" or "prospective relief" includes the authority to order reinstatement of an
employee, awards of back-pay, reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders, posting of notices,training of
personnel., testing, expunging of records, reporting of records, and any other similar relief that is !
intended to correct unlawful practices under this part.
(b) "Age" refers to the chronological age of any individual who has reached his or her 40th E
birthday.
(c) "Employee" does not include any individual employed by his or her parents, spouse, or child,
or any individual employed under a special license in a nonprofit sheltered workshop or
rehabilitation facility.
(d) "Employer" includes any person regularly employing five or more persons, or any person
acting as an agent of an employer,directly or indirectly,the state or any political or civil
subdivision of the state, and cities, except as follows:
"Employer" does not include a religious association or corporation
not organized for private profit.
(e) "Employment agency" includes any person undertaking for compensation to procure employees
or opportunities to work.
(f) "Essential functions" means the fundamental job duties of the employment position the
individual wi6 a disability holds or desires. "Essential functions" does not include the marginal
functions of the position.
(1)A.job function may be considered essential for any of several reasons,including,but not
limited to, any one or more of the following:
(A) The function may be essential because the reason the position exists is to perform that
function.
(B)The function may be essential because of the limited number of employees available among
whom the performance of that job function can be distributed.
(C) The function may be highly specialized, so that the incumbent in the position is hired for his or
her expertise or ability to perform the particular function.
(2) Evidence of whether a particular function is essential includes, but is not limited to, the
following:
(A) The employer's judgment as to which functions are essential.
(B)Written job descriptions prepared before advertising or
interviewing applicants for the job,
(C) The amount of time spent on the job performing the function.
(D) The consequences of not requiring the incumbent to perform the
function.
(E) The terms of collective bargaining agreement.
(F)The work experiences of past incumbents in the job.
(G) The current work experience of incumbents in similar jobs.
State 710D—Vv--of%bumv ft hzy 0]-e4wertt 6 June 2002
Item 11. - 16 HB _272_
DEFINITION OF"DISABILITY" FROM THE CALIFORNIA FAIR EMPLOYMENT AND
HOUSING ACT,GOVERNNMNT CODE SECTIONS 12955.3.AND 12926
(g) "Labor organization"includes any organization that exists and is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with employers concerning grievances,terms
or conditions of employment,or of other mutual aid or protection.
(h) "Medical condition"means either of the following:
(1)Any health impairment related to or associated with a diagnosis of cancer or a record or history
of cancer.
(2) Genetic characteristics. For purposes of this section, "genetic characteristics" means either of
the following:
(A)Any scientifically or medically identifiable gene or chromosome, or combination or alteration
thereof,that is known to be a cause of a disease or disorder in a person or his or her offspring, or that
is determined to be associated with a statistically increased risk of development of a disease or
disorder, and that is presently not associated with any symptoms of any
disease or disorder.
(B)Inherited characteristics that may derive from the individual or-family member, that are known
to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be
associated with a statistically increased risk of development of a disease or disorder, and that are
presently not associated with any symptoms of any disease or disorder.
W "Mental disability" includes,but is not limited to, all of the following:
(1)Having any mental or psychological disorder or condition, such as mental retardation, organic
brain syndrome, emotional or mental illness, or specific learning disabilities,that limits a major life
activity. For purposes of this section:
(A) "Limits" shall be determined without regard to mitigating measures, such as medications,
assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major
life activity.
(B) A mental or psychological disorder or condition limits a major lift-, activity if it wakes the
achievement of the major life activity difficult,
(C) "Major life activities"shall be broadly construed and shall include physical,mental, and social
activities and working.
(2) Any other mental or psychological disorder or condition not described in paragraph (1) that
requires special education or related services.
(3) Having a record or history of a mental or psychological disorder or condition_described in
paragraph(1)or(2),which is known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or
having had, any mental condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity covered by this part as having, or
having had, a mental or psychological disorder or condition that has no present disabling effect, but
that may become a mental disability as described in paragraph(1)or(2).
"Mental disability" does not include sexual behavior disorders,compulsive gambling,kleptomania,
pyromania, or psychoactive substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.
0) "On the bases enumerated in this part" means or refers to discrimination on the basis of one or
more of the following: race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition,marital status,sex, age, or sexual orientation.
(k)"Physical disability"includes,but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical
loss that does both of the following:
State HCD—0iaf=of0o-uw rIbiky oewtopment 7 -xne 2002
I113 -273- Item 11. - 17
DEFINITION OF "DISABILITY" FROM THE CALIFORNIA FAIR EMPLOYMENT AND
HOUSING ACT,GOVERNAILENT CODE SECTIONS 12955.3.AND 12926
(A) Affects one or more of the following body systems: neurological, immunological,
musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular,
reproductive,.digestive, genitourinary,hemic and lymphatic, skin.,and endocrine.
(B)Limits a major life activity. For purposes of this section:
(i) "Limits" shall be determined without regard to mitigating measures such as medications,
assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself
limits a major life activity.
(ii)A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits
a major life activity if it makes the achievement of the major life activity difficult.
(iii) "Major life activities" shall be broadly construed and includes physical, mental, and social
activities and working.
(2) Any other health impairment not described in paragraph: (l) that requires special education or
related services. !
(3)Having a record or history of a disease,disorder, condition,cosmetic disfigurement,anatomical
loss, or health impairment described in paragraph(1)or(2),which is known to the employer or other
entity covered by this part, s
{4) Being regarded or treated by the employer or other entity covered by this part as having, or
having had,any physical condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity covered by this part as having, or
having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a physical disability as described in
paragraph(1) or(2).
(6) "Physical disability" does not include sexual behavior disorders, compulsive gambling,
kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful
use of controlled substances or other drugs.
(1)Notwithstanding subdivisions (i) and (k), if the definition of"disability" used in the Americans
with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical disability, as defined in subdivision (i) or
(k), or would include any medical condition not included within those definitions,then that broader
protection or coverage shall be deemed incorporated by reference into, and shall prevail over
conflicting provisions of, the definitions in subdivisions (i)and(k).
(m) "Race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation" includes a perception that the
person has any of those characteristics or that the person is associated with a person who has, or is
perceived to have, any of those characteristics.
(n) "Reasonable accommodation"may include either of the following:
(1) Making existing facilities used by employees readily accessible to, and usable by, individuals
with disabilities.
(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position.,
acquisition or modification of equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or interpreters, and other similar
accommodations for individuals with disabilities.
(o) "Religious Creed," "religion," "religious observance," "religious belief," and "creed" include all
aspects of religious belief, observance,and practice.
(p) "Sex" includes, but is not limited to, pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth.
Stair RM—tDivision of.7fousiv 1Pafrcy(Devefopmen# 8 June 2002
Item 11. - 18 HB -274-
DEFINITION OF "DISABILITY" FROM THE CALIFORNIA FAIR EWLOYMENT AND
HOUSING ACT,GOVERNMENT CODE SECTIONS 12955.3.AND 12926
(q)"Sexual orientation"means heterosexuality, homosexuality,and bisexuality.
(r) "Supervisor"means any individual having the authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees,
or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that
action,if, in connection with the foregoing,the exercise of that authority is not of a merely routine or
clerical nature,but requires the use of independent judgment.
(s) "Undue hardship"means an action requiring significant difficulty or expense, when considered
in light of the following factors: (1) the nature and cost of the accommodation needed, (2) the
overall financial resources of the facilities involved in the provision of the reasonable
accommodations, the number of persons employed at the facility, and the effect on expenses and
resources or the impact otherwise of these accommodations upon the operation of the facility, (3)the
overall financial resources of the covered entity, the overall size of the business of a covered entity
with respect to the number of employees, and the number, type, and location of its facilities, (4)the
type of operations, including the composition,structure, and functions of the workforce of the entity,
and(5)the geographic separateness,administrative,or fiscal relationship of the facility or facilities.
State Wco—QJir u=of Yroumg TA3 Demk1 meat s Im 2002
HB -275- Item 11. - 19
ATTACHMENT #3
20082(}14 Objective: C\ncompassing
h fire FHC4C to provide a high level of fair
housing services to residpassing education, mediation, discrimination
investigation and resoluntinue try promote fair housing practices
through invitation of Fl-Ipation at community events, inclusion of fair
housing criteria in City heements, and assistance in dissemination of
fair housing educationan to the public through distribution of
RAP brochures at City commu nd libraries.
22. Reasonable Accommodation
The City will adopt a reasonable accommodation procedure to encourage and facilitate
the provision of housing for persons with disabilities including but not limited to,
procedures for the approval of group homes, accessibility improvements and ADA
retrofit projects. The process for adopting 1 reasonable accommodation procedure will
involve an evaluation of the zoning code and other applicable codes for compliance
with fair housing laws, The adopted reasonable accommodation procedure may
include measures that provide flexibility in development standards and land use
controls, reduced processing times, expedited plan checks and public
education/outreach efforts.
2008-2014 Objective: Adopt and implement a reasonable accommodation
procedure; inform and educate the public on the availability of the reasonable
accommodation procedure through the dissemination of information on the
City's website and at the Planning and Building and Safety Departments' public
counter.
23. Continuum of Care- rnetess Assistance: The City's Economic Development and
Community Services staff a active participants in the County's Continuum of Care to
assist homeless persons tra tlon towards self-sufficiency. The City's strategy is to
continue to support a contin m of programs, including homeless support services,
emergency shelter, transitional using, permanent affordable housing, and homeless
prevention services. Specific Cit upport into the County's annual Continuum of Care
funding application to HUD incl s: 1) data compilation on homeless services and
facilities; 2) providing official lette of support for the funding application; and 3)
participation in meetings of the Oran County Cities Advisory Committee, responsible
for the regional Continuum of Care H eless Strategy.
The City provides funds to local non-pro groups that provide housing and services to
the area's homeless and at-risk populatio oth for services and capital improvements
to facilties; public notification of funding vailabillty is provided through newspaper
advertisements and direct notification to loc ervice providers. To better facilitate the
provision of housing for these populations, e City will modify its Zoning Code to
specifically identify transitional and supporti housing as permitted uses within
residential zone districts, and emergency shelte as a permitted use in the Industrial
General (IG) and Industrial Limited (iL) Zone,
2008-2014 HOUSING ELEMENT V-30 HousING PLAN
HB -277- Item 11. - 21