Title
Introduction of Ordinance Adding Section 30-5.17 to the Alameda Municipal Code to Provide Regulations Regarding Reasonable Accommodation in Compliance with the Federal Fair Housing Act, the California Fair Employment and Housing Act, and California Housing Element Law; Action is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15305, Minor Alterations in Land Use Limitations. (Community Development 481001)
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To: Honorable Mayor and Members of the City Council
From: John A. Russo, City Manager
Re: Adopt an Ordinance Adding Section 30-5.17 to the Alameda Municipal Code to Provide Regulations Regarding Reasonable Accommodation in Compliance with the Federal Fair Housing Act, the California Fair Employment and Housing Act, and California Housing Element Law; Action is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15305, Minor Alterations in Land Use Limitations
BACKGROUND
In an effort to address barriers to housing opportunities, the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the Acts) allow eligible individuals with disabilities to request reasonable accommodation in housing according to general guidelines. In addition, the California Department of Housing and Community Development (HCD), in the 2007-2014 Housing Element cycle, required local jurisdictions to specifically address reasonable accommodation. The City of Alameda Housing Element includes an Implementation Plan, with a requirement to provide for a Reasonable Accommodation process in the Alameda Municipal Code, as required by state law.
DISCUSSION
Ways in which local governments make reasonable accommodations include modifications and exceptions in their zoning laws and various land use regulations to allow disabled persons to have "an equal opportunity to use and enjoy a dwelling."
California Government Code Section 65583(c)(3) states the following:
[Local governments shall] Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
HCD, in regulations detailing specific requirements for Housing Elements, requires local jurisdictions to specifically address reasonable accommodation. The City of Alameda's Housing Element Chapter 2, Housing Goals, Policies, Objectives, and Implementation Plan Section B. Implementation Programs, Program Objectives, and Quantified Objectives, includes 1.j. below:
1. Rehabilitation and Neighborhood Preservation
j. Reasonable Accommodation. Develop and formalize a general process that a person with disabilities will need to go through in order to make a reasonable accommodation request in order to accommodate the needs of persons with disabilities and streamline the permit review process.
Staff is recommending that provisions be added to Section 30-5 General Provisions and Exceptions section of the Alameda Municipal Code (AMC) to address State of California and City of Alameda General Plan requirements. The recommended text amendment is informed by a review of the State's model ordinance and similar ordinances adopted by Santa Rosa, Foster City, and San Jose.
The major provisions of the proposed ordinance are summarized below.
· The purpose of the Reasonable Accommodation section is to provide a procedure to request an accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning laws and other land use regulations, policies, and procedures;
· A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a 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. The Reasonable Accommodation section is intended to apply to those persons who are defined as disabled under the Acts;
· 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;
· A reasonable accommodation may be granted in compliance with the new section without the need for the approval of a variance;
· A request for reasonable accommodation shall be reviewed by the Community Development Director (Director), or his/her designee if no approval is sought other than the request for reasonable accommodation. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application (e.g.,. the Planning Board);
· 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, which is the subject of the request, will be used by an individual disabled under the Acts.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative 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 design review, historic preservation, land use and zoning.
5. Potential impact on surrounding uses.
6. Physical attributes of the property and structures; and
7. Alternative reasonable accommodations which may provide an equivalent level of benefit.
· A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the Planning Board in compliance with Section 30-25, Appeals or Calls for Review.
The Commission on Disability Issues heard this item at its regularly scheduled meeting of January 27, 2014. The Commission on Disability Issues unanimously agreed with staff's recommendation to add Section 30-5.17 to the MC. The Commission also recommended several minor text changes which were incorporated into the Planning Board report.
The Planning Board heard this item at its regularly scheduled meeting of February 10, 2014. The Planning Board agreed with staff's recommendation to add Section 30-5.17 of the AMC to Provide Regulations Regarding Reasonable Accommodation. The Planning Board had one minor text change which was incorporated into this report.
FINANCIAL IMPACT
There is no impact to the General Fund by amending Section 31-2 of the AMC to provide regulations regarding reasonable accommodation.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed ordinance would add regulations to Section 30-5, General Provision and Exceptions, of the AMC, which is the appropriate code section.
ENVIRONMENTAL REVIEW
The proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15305 "Minor Alterations in Land Use Limitations." This amendment to the AMC/Zoning Code is a minor alteration of a land use as the reasonable accommodations would be minor alterations of land use limitations.
RECOMMENDATION
Adopt the ordinance adding Section 30-5.17 to the Alameda Municipal Code to provide regulations regarding reasonable accommodation in compliance with the federal Fair Housing Act and the California Fair Employment and Housing Act.
Respectfully submitted,
Debbie Potter, Community Development Director
By,
Andrew Thomas, City Planner
Financial Impact section reviewed,
Fred Marsh, Finance Director