HomeMy WebLinkAboutORD NO 5044504A
ORDINANCE NO.
ORDINANCE ADDING CHAPTER 17.73 TO THE BAKERSFIELD
MUNICIPAL CODE TO PROVIDE A PROCEDURE FOR
REASONABLE ACCOMMODATION IN THE CITY'S LAND USE AND
ZONING REGULATIONS PURSUANT TO STATE OF CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
GUIDELINES AND REQUIREMENTS AND FAIR HOUSING LAWS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.73 of the Bakersfield Municipal Code is hereby added to read
as follows:
Chapter 17.73
REASONABLE ACCOMMODATION
17.73.010 Purpose.
A. The purpose of this Chapter is to provide a procedure for individuals with
disabilities to request reasonable accommodation in seeking equal access to
housing under the Federal Fair Housing Act and the California Fair Employment
and Housing Act (hereafter "Acts") in the application of zoning laws and other
land use regulations, policies, and procedures.
17.73.020 Applicability.
A. A request for reasonable accommodation may be made by any person
with a disability or their representative, when the application of a requirement of
this zoning code or other City requirement, policy, or practice acts as a barrier to
fair housing opportunities. For the purposes of this chapter, a "person with a
disability" is any person who has a physical or mental impairment that limits or
substantially limits one or more major life activities, anyone who is regarded as
having such impairment or anyone who has a record of such impairment. This
chapter is intended to apply to those persons who are defined as disabled under
the Acts.
B. A request for reasonable accommodation may include a modification or
exception to the rules, standards, and practices for the siting, development, 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.
Page 1 of 5
s
ORIGINAL
C. A reasonable accommodation is granted only to the household that needs
the accommodation and does not apply to successors in interest to the site.
D. A reasonable accommodation may be granted in compliance with this
Chapter without the need for the approval of a variance.
17.73.030 Procedures.
A. A request for reasonable accommodation shall be submitted on an
application form provided by the Development Services Department or in the
form of a letter to the Development Services Director, and shall contain the
following information:
1. The applicant's name, address, and telephone number;
2. Address of the property for which the request is being made;
3. The current use of the property;
4. The basis for the claim that the individual is considered disabled
under the Acts, including verification of such claim;
5. The zoning code provision, regulation, or policy from which
reasonable accommodation is being requested; and
6. Why the reasonable accommodation is necessary to make the
specific property accessible to the individual.
B. If the project for which the request for reasonable accommodation is being
made requires some other discretionary approval (including use permit, design
review, etc.), then the applicant shall file the information required by subsection
A of this section for concurrent review with the application for discretionary
approval.
C. A request for reasonable accommodation shall be reviewed by the
Development Services Director. If no approval is sought other than the request
for reasonable accommodation, the Director shall make a written determination
within 45 days of the application being deemed complete and either grant, grant
with modifications, or deny a request for reasonable accommodation.
D. A request for reasonable accommodation submitted for concurrent review
with another discretionary land use application shall be reviewed by the Planning
Commission. The written determination on whether to grant or deny the request
for reasonable accommodation shall be made by the Planning Commission in
compliance with the applicable review procedure for the discretionary review.
Page 2 of 5
m
1-- r
ORIGINAL
17.73.040 Approval Findings.
A. The written decision to grant or deny a request for reasonable
accommodation will be consistent with the Acts and shall be based on
consideration of the following factors:
1. Whether the housing in the request will be used by a person with a
disability under the Acts;
2. Whether the request for reasonable accommodation is necessary to
make specific housing available to a person with a disability under the Acts;
3. Whether the requested reasonable accommodation would impose
an undue financial, administrative or enforcement burden on the City;
4. - Whether the requested reasonable accommodation would require
a fundamental alteration in the nature of a City program or law, including
but not limited to land use and zoning;
5. Potential impact on surrounding uses;
6. Physical attributes of the property and structures; and
7. Other reasonable accommodations that may provide an equivalent
level of benefit.
17.73.050 Conditions of Approval
A. In granting a request for reasonable accommodation, the Development
Services Director or his/her designee, or the Planning Commission as the case
might be, may impose any conditions of approval deemed reasonable and
necessary to ensure that the reasonable accommodation would comply with the
findings. The conditions shall also state whether the accommodation granted
shall be removed in the event that the person for whom the accommodation was
requested no longer resides on the site.
17.73.060 Appeals.
A. Any person dissatisfied with any action of the Development Services
Director pertaining to this Chapter may appeal to the Planning Commission within
10 days after written notice of the Director's decision is sent to the applicant by
filing a written notice of appeal with the City Clerk and shall specify the reasons
for the appeal and the grounds asserted for relief.
Page 3 of 5
� rn
� r
ORIGINAL
B. Any person dissatisfied with any action of the Planning Commission
pertaining to this Chapter may appeal to the City Council within 10 days after the
rendition of the decision of the Planning Commission by filing a written notice of
appeal with the City Clerk and shall specify the reasons for the appeal and the
grounds asserted for relief. If any request for a reasonable accommodation is
disapproved by the Planning Commission and no appeal is filed, such action by
the Planning Commission shall be final and conclusive.
C. The City Council shall, by resolution, adopt and from time to time amend a
fee for the filing of appeals. Such fee shall be for the sole purpose of defraying
costs incurred for the administration of appeals. The fee for an appeal shall be
paid at the time of and with the filing of an appeal. No appeal shall be deemed
valid unless the prescribed fee has been paid.
D. If an appeal is not filed within the time or in the manner prescribed in this
section, the right to review of the action against which the appeal is made shall
be deemed to have been waived.
E. After filing an appeal, the City Council shall conduct a public hearing for
the purpose of determining whether the appeal of the decision of the Planning
Commission should be granted or denied. Written notice of the time, date and
place of hearing shall be given to the appellant, and to any other persons who
have filed a written request for notice. Such notices shall be mailed to the
appellant and to any other persons who have filed a written request for notice at
least ten days prior to the hearing. Any hearing may be continued from time to
time. A decision of the City Council shall be final and conclusive.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
---------000----------
Page 4 of 5 o���AK'6�'�
r
U O
ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
_FEB 03 2021 by the following vote:
AYES COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY,PA LIER
NOES: COUNCILMEMBER: NONE
ABSTAIN: COUNCILMEMBER: WIDWE
ABSENT: COUNCILMEMBER: W b*rJE
APPROVED: FEB 0 3 2021
By:
— 44WI/
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
t
J SH�UA�.
RUDNICK
putyCity
Attorney
c-
JLhIE DRIMAKIS, CMC
CITY -CLERK and Ex Officio Clerk of the
Council of the -City of Bakersfield
Page 5 of 5
o� cy �Kr9
s�
U Q
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 5T" day of February, 2021 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 5044, passed by the
Bakersfield City Council at a meeting held on the 3RD day of February, 2021 and
entitled:
ORDINANCE ADDING CHAPTER 17.73 TO THE BAKERSFIELD
MUNICIPAL CODE TO PROVIDE A PROCEDURE FOR REASONABLE
ACCOMODATION IN THE CITIY'S LAND USE AND ZONING
REGULATIONS PURSUANT TO STATE OF CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
GUIDELINES AND REQUIREMENTS AND FAIR HOUSING LAWS.
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council -of the City of Bakersfield
By:
DE TY City Cligirk
SADOCUMENT\FORMSWOP.ORD.wpd
F- r
U
ORIGINAL