Ordinance 2002-02ORDINANCE NO. 2002-2
AN ORDINANCE OF THE CITY OF GILROY ADOPTING
GILROY ZONING ORDINANCE SECTION 50.23 ENTITLED
"REASONABLE ACCOMMODATION."
WHEREAS, the City of Gilroy submitted application Z 01 -06 requesting approval to
adopt Section 50.23 entitled "Reasonable Accommodation" to the Gilroy Zoning Ordinance; and
WHEREAS; the Attorney General of California recommended that local jurisdictions
City adopt a process by which people with disabilities could specifically request Reasonable
Accommodations within the framework of the Zoning Ordinance; and
WHEREAS, approval of this project is categorically exempt under the California
Environmental Quality Act ( "CEQA ") pursuant to Article 18, Statutory Exemptions, CEQA
Guideline 15262 regarding feasibility and planning studies; and
WHEREAS, the Planning Commission reviewed application Z 01 -06 and held a duly
noticed public hearing on December 6, 2001, and thereafter voted to recommend approval of the
proposed amendments; and
WHEREAS, the City Council reviewed application Z 01 -06 and all documents relating
thereto, including the Staff Report dated December 7, 2001, and took oral and written testimony
at its duly noticed public hearing on December 17, 2001; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, the City Council hereby finds:
A. The project is exempt under CEQA pursuant to CEQA Guideline 15262 as
described above, and there will be no significant environmental impacts as a result of the
proposed amendments.
B. The proposed additions and revisions of the Gilroy Zoning Ordinance are in
conformance with the Gilroy General Plan and are consistent with the intent of the goals
and policies of the General Plan.
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C. The proposed additions and revisions will not be detrimental to the public welfare
or injurious to persons or property in the City.
Based on the evidence in the record, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy Zoning Ordinance Section 50.23 is hereby adopted to read as follows:
Section 50.23 Reasonable Accommodation
(a) Purpose:
This section of the Zoning Ordinance has been established pursuant to the Federal
Fair Housing Amendments Act of 1988 (FFHAA), in order 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
section is to provide a process for individuals with disabilities to make requests
for Reasonable Accommodation in regard to relief from the various land use,
zoning, and development policies and procedures.
(b) Application:
1. Any person who requires reasonable accommodation, because of a
disability, in the application of a zoning law which may be acting as a
barrier to fair housing opportunities may do so on a form to be
provided by the Planning Division.
2. If the project for which the request is being made also requires some
other planning permit or approval, then the applicant shall file the
request together with the application for such permit or approval.
(c) Notice of Request for Accommodation:
Written notice that a request for reasonable accommodation shall be given
as follows:
1. In the event that there is no approval sought other than the request for
reasonable accommodation, the notice shall be mailed to the owners of
record of all properties which are immediately adjacent to the property
which is the subject of the request.
2. hi the event that the request is being made in conjunction with some
other process, the notice shall be transmitted along with the notice of
the other proceeding.
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(d) Grounds for Reasonable Accommodation
In making a determination concerning the reasonableness of a requested
accommodation, the following factors shall be considered:
1. Special need created by the disability;
2. Potential benefit that can be accomplished by the requested modification;
3. Potential impact on surrounding uses;
4. Physical attributes of the property and structures;
5. Alternative accommodations which may provide an equivalent level of
benefit;
6. In the case of a determination involving a one - family dwelling,
whether the household would be considered a single housekeeping unit
if it were not using special services that are required because of the
disabilities of the residents;
7. Whether the requested accommodation would impose an undue
financial or administrative burden on the City; and
8. Whether the requested accommodation would require a fundamental
alteration of a City Program, which includes the Uniform Housing,
Building and Fire Codes.
(e) Notice of Proposed Decision
1. Notice of the proposed decision shall be made in the same manner as
provided below.
2. Within ten (10) days of the date the notice is mailed, any person may
make a request for a hearing before the Planning Division Manager, or
his or her designee.
3. If no request for hearing is received the proposed decision shall
become a final decision.
(f) Planning Division Manager's Hearing
The Planning Division Manager, or his or her designee, shall conduct a
hearing on the request for reasonable accommodation at which all
reasonable evidence and credible testimony shall be considered.
1. Notice of Planning Division Manager's Decision.
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2. Within thirty (30) days after the hearing, the Planning Division
Manager, or his or her designee, shall issue a decision granting the
request, including any reasonable conditions, or denying the request.
3. The notice of decision shall contain the Planning Division Manager's
factual findings, conclusions and reasons for the decision.
4. The notice of decision shall be made in the same manner as set forth in
the previous section.
(g) Appeal Procedure
1. Within thirty (30) days of the date the Planning Division Manager, or
his or her designee, issues a written determination, the applicant
requesting the accommodation may appeal an adverse determination or
any conditions or limitations imposed in the written determination.
2. All appeals shall contain a statement of the grounds for the appeal.
3. Appeals shall be to the Planning Commission who shall hear the
matter and render a determination as soon as reasonably practicable,
but in no event later than sixty (60) days after an appeal has been filed.
All determinations on appeal shall address and be based upon the same
findings required to be made in the original determination from which
the appeal is taken.
4. An applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
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SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCII-MEMBERS: VELASCO
APPROVED:
Thomas W. Springer, Ma
ATTEST':
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"� ?mac' -0-
Rhohda Pellin, City Clerk
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002 -2 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 22nd day of January, 2002, at which meeting a
quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 31 st day of January, 2002.
City C erk of the City of Gilroy
(Seal)