The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this Ordinance when so doing would be consistent with the purposes of the Ordinance and it is not possible or practical to approve a variance. This procedure is intended to, facilitating compliance with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act by providing reasonable accommodation to persons with disabilities seeking fair access to housing through modification of the application of the City’s zoning regulations. This chapter authorizes the Chief Planner to grant relief from this Ordinance’s dimensional requirements when necessary to provide access to housing and to also approve limited waivers of dimensional standards for applicants who are not entitled to reasonable accommodation under these statutes. It also allows the Commission to grant exceptions and waivers when necessary to accommodate religious uses protected by the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The relief available under this chapter is distinguished from grant of a variance provided in Chapter
20.500 (“Variances”) in that it is limited to minor waivers of dimensional requirements except when an applicant is entitled to an accommodation pursuant to federal and/or State law.
(Ord. 1646 § 2, 2022)
A decision to grant a waiver or modification shall be based
on the following findings:
A. The
waiver or modification is necessary due to the physical characteristics
of the property and the proposed use or structure or other circumstances,
including topography, noise exposure, irregular property boundaries,
or other unusual circumstance.
B. There
are no alternatives to the requested waiver or modification that could
provide an equivalent level of benefit to the applicant with less
potential detriment to surrounding owners and occupants or to the
general public.
C. The
granting of the requested waiver or modification would not be detrimental
to the health or safety of the public or the occupants of the property
or result in a change in land use or density that would be inconsistent
with the requirements of this title.
D. If
the waiver or modification requested is to provide reasonable accommodation
pursuant to State or federal law, in addition to any other findings
that this chapter requires, the decision-maker must also make the
following findings:
1. That the housing or other property which is the subject of the request
for reasonable accommodation will be used by an individual or organization
entitled to protection;
2. If the request for accommodation is to provide fair access to housing,
that the request for accommodation is necessary to make specific housing
available to an individual protected under State or federal law;
3. That the conditions imposed, if any, are necessary to further a compelling
public interest and represent the least restrictive means of furthering
that interest; and
4. That denial of the requested waiver or modification would impose
a substantial burden on religious exercise or would conflict with
any State or federal statute requiring reasonable accommodation to
provide access to housing.
(Ord. 1646 § 2, 2022)