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HomeMy WebLinkAboutAgenda Report - October 21, 2015 I-02AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM r -z AGENDA TITLE: Introduce Ordinance to Include a Procedure in the Zoning Code to Allow a Reasonable Accommodation Request for Persons with Disabilities Seeking Equal Access to Housing Under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the Application of Zoning Laws and Other Land Use Regulations MEETING DATE: October 21, 2015 PREPARED BY: Community Development Department RECOMMENDED ACTION: Introduce an ordinance to include a procedure in the Zoning Code to allow a reasonable accommodation request for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of Zoning Laws and other land use regulations. BACKGROUND INFORMATION: The City of Lodi is currently updating its General Plan Housing Element. This is a document the City Council will review and ultimately approve in the upcoming months. As part of this update, staff is reviewing all State Law updates and changes that affect housing and any modifications to the Zoning Code that are needed. Staff is requesting a modification to the Zoning Code that provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) 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. This Chapter is intended to apply to those persons who are defined as disabled under the Act. 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. In 2014, the State updated requirements for transitional and supportive housing. This update requires that transitional and supportive housing be permitted in all zones residential housing is allowed. The Planning Commission considered this item at the September 23, 2015 meeting and recommended that the City Council amend the Zoning Code to allow a procedure in the Zoning Code to allow a reasonable accommodation request for persons with disabilities seeking equal access to housing under APPROVED: , to en - cfr abauer, City Manager the Federal Fair Housing Act and the California Fair Employment and Housing Attachment 1. FISCAL IMPACT FUNDING AVAILABLE: Attachments: Not applicable. Not applicable. Steve chwaba erL Community Development Director 1. Planning Commission Resolution 2. Draft Ordinance The resolution is RESOLUTION NO. P.C. 15-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING THE CITY COUNCIL AMEND THE ZONING CODE TO ALLOW A REASONABLE ACCOMMODATION REQUEST FOR PERSONS WITH DISABILITIES. WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested determination, in accordance with the California Government Code Section 65402.(a); and WHEREAS, the project proponent is City of Lodi, 221 West Pine Street, Lodi, CA 95240; and WHEREAS, the Federal Fair Housing Act and the California Fair Employment and Housing Act allows for persons with disabilities seeking equal access to housing a reasonable accommodation procedure to request 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; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and Based upon the evidence in the staff report and project file, the Planning Commission of the City of Lodi makes the following findings: 1. The project was found to be Categorically Exempt according to the California Environmental Quality Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an "Enforcement action by regulatory agencies" because it is the "adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective." No significant environmental impacts are anticipated and no mitigation measures are required. 2. Modifications to the development code would allow a reasonable accommodation procedure to request 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. 3. The modifications to the zoning code will be consistent with State law. 4. Modifications to the development code would be subject to the provisions of other laws or ordinances and will not be detrimental to the health, safety or general welfare of persons residing or working in the City or be detrimental or injurious to the health, safety, peace or general welfare of the City. NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi that the following proposed language be recommended for approval and adoption by the City Council and included in the municipal code as follows: Reasonable Accommodation Ordinance City of Lodi ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17, ARTICLE 6 "DEVELOPMENT CODE ADMINISTRATION" BY ADDING CHAPTER 17.67, "REASONABLE ACCOMMODATION" WHEREAS, this chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking fair access to housing under the Federal Fair Housing Act, Americans with Disabilities Act, and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Title 17, Article 6 — Development Code Administration, is hereby amended by adding Chapter 17.67 — Reasonable Accommodation, and shall read as follows: Chapter 17.67 REASONABLE ACCOMMODATION Sections: 17.67.010 Applicability. 17.67.020 Application Requirements. 17.67.030 Review Authority — Director of Community Development. 17.67.040 Review Procedure — Director of Community Development Review. 17.67.050 Decision and Findings. 17.67.060 Appeal of Decision. 17.67.070 Procedure of Appeal to City Manager. 17.67.010 Applicability. 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. This Chapter is intended to apply to those persons who are defined as disabled under the Acts or to persons who have a physical or mental impairment that limits or substantially limits one or more major life activities. 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 fair access to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.67.020 (Application Requirements). 17.67.020 Application Requirements. A. Application. In addition to any other information that is required under Title 17 of this code, requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter addressed to the Director of Community Development (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 actual use of the property; 4. The basis for the claim that the individual is considered disabled under the Acts; 5. The zoning code provision, regulation or policy from which reasonable accommodation is being requested; 6. A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual; and 7. Such other relevant and permissible information as may be requested by the Director of Community Development or designee. B. Submission of confidential and protected healthcare information. Any confidential or protected healthcare information provided in support of the application shall be submitted separately under seal in an envelope marked, "Confidential Healthcare Information." Such confidential information shall be exempt from public disclosure. 17.67.30 Review Authority — Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director of Community Development, or designee. 17.67.40 Review Procedure - Director of Community Development Review. The Director of Community Development, or designee, shall make a written determination within 45 calendar days of receipt of an application and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.67.050 (Findings and Decision). 17.67.050 Decision and Findings. A. Decision. 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 defined as disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability as defined 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 land use and zoning. 5. Potential impact on surrounding uses. 6. Physical attributes of the property and structures. 7. Alternative reasonable accommodations which may provide an equivalent level of benefit. B. Conditions of Approval. In granting a request for reasonable accommodation, the Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A above. 17.67.060 Appeal of Decision. A. An appeal of any decision of the Director of Community Development or designee shall be filed in writing with the City Manager within ten (10) calendar days after service of notice of the written decision. Service shall be by regular postal service or personal delivery. The applicant shall set forth in the appeal the reason why the decision is not proper. B. The City Manager shall direct an appeal to be heard within 15 business days, or as soon as practical, after a notice of appeal is filed with the City Manager as required by this section. C. If no appeal is filed within the time allowed in subsection A above, the decision of the Director of Community Development or designee shall be considered final. 17.67.070 Procedure of Appeal to City Manager. A. Appeals to the City Manager: The appeal of any decision of the Community Development Director or designee under this Chapter shall be in writing signed by the appellant, briefly set forth the reasons why such decision is not proper, state an address at which the appellant will receive notices, and filed with the City Manager. 2. The City Manager shall upon receipt of the appeal set the matter for hearing before a hearing officer. The hearing officer shall be an attorney or recognized mediator designated by the City Attorney. The hearing shall be scheduled for not more than 30 calendar days after receipt of the appeal unless a longer time is requested or consented to by the appellant. 3. The appellant (or a representative) shall have the right to present his or her case in person. 4. The hearing officer shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as set forth in Chapter 1.10 of this code. 5. The hearing officer may grant, grant with modifications, or deny the request for reasonable accommodation that is the subject of the appeal. B. Any party dissatisfied with the decision of the hearing officer may file an action under the provisions for administrative mandamus (Code of Civil Procedure Section 1094.5) as it now exists or may later be amended. Dated: September 23, 2015 1 certify that Resolution No. 15-19 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on September 23, 2015 by the following vote: AYES: Commissioners: Cummins, Hennecke, Kiser, Olson, Slater and Chair Heinitz NOES: Commissioners: None ABSENT: Commissioners: Kirsten ATTEST Secretary, Planning Commission ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17, ARTICLE 6 "DEVELOPMENT CODE ADMINISTRATION" BY ADDING CHAPTER 17.67, "REASONABLE ACCOMMODATION" WHEREAS, this chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking fair access to housing under the Federal Fair Housing Act, Americans with Disabilities Act, and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Title 17, Article 6 — Development Code Administration, is hereby amended by adding Chapter 17.67 — Reasonable Accommodation, and shall read as follows: Chapter 17.67 REASONABLE ACCOMMODATION Sections: 17.67.010 Applicability. 17.67.020 Application Requirements. 17.67.030 Review Authority — Director of Community Development. 17.67.040 Review Procedure — Director of Community Development Review. 17.67.050 Decision and Findings. 17.67.060 Appeal of Decision. 17.67.070 Procedure of Appeal to City Manager. 17.67.010 Applicability. 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. This Chapter is intended to apply to those persons who are defined as disabled under the Acts or to persons who have a physical or mental impairment that limits or substantially limits one or more major life activities. 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 fair access to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.67.020 (Application Requirements). 17.67.020 Application Requirements. A. Application. In addition to any other information that is required under Title 17 of this code, requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter addressed to the Director of Community Development (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 actual use of the property; 4. The basis for the claim that the individual is considered disabled under the Acts; 5. The zoning code provision, regulation or policy from which reasonable accommodation is being requested; 6. A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual; and 7. Such other relevant and permissible information as may be requested by the Director of Community Development or designee. B. Submission of confidential and protected healthcare information. Any confidential or protected healthcare information provided in support of the application shall be submitted separately under seal in an envelope marked, "Confidential Healthcare Information." Such confidential information shall be exempt from public disclosure. 17.67.30 Review Authority — Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director of Community Development, or designee. 17.67.40 Review Procedure - Director of Community Development Review. The Director of Community Development, or designee, shall make a written determination within 45 calendar days of receipt of an application and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.67.050 (Decision and Findings). 17.67.050 Decision and Findings. A. Decision. 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 defined as disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability as defined under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city. 2 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. 7. Alternative reasonable accommodations which may provide an equivalent level of benefit. B. Conditions of Approval. In granting a request for reasonable accommodation, the Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A above. 17.67.060 Appeal of Decision. A. An appeal of any decision of the Director of Community Development or designee shall be filed in writing with the City Manager within ten (10) calendar days after service of notice of the written decision. Service shall be by regular postal service or personal delivery. The applicant shall set forth in the appeal the reason why the decision is not proper. B. The City Manager shall direct an appeal to be heard within 15 business days, or as soon as practical, after a notice of appeal is filed with the City Manager as required by this section. C. If no appeal is filed within the time allowed in subsection A above, the decision of the Director of Community Development or designee shall be considered final. 17.67.070 Procedure of Appeal to City Manager, A. Appeals to the City Manager: The appeal of any decision of the Community Development Director or designee under this Chapter shall be in writing signed by the appellant, briefly set forth the reasons why such decision is not proper, state an address at which the appellant will receive notices, and filed with the City Manager. 2. The City Manager shall upon receipt of the appeal set the matter for hearing before a hearing officer. The hearing officer shall be an attorney or recognized mediator designated by the City Attorney. The hearing shall be scheduled for not more than 30 calendar days after receipt of the appeal unless a longer time is requested or consented to by the appellant. 3. The appellant (or a representative) shall have the right to present his or her case in person. 4. The hearing officer shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as set forth in Chapter 1.10 of this code. 5. The hearing officer may grant, grant with modifications, or deny the request for reasonable accommodation that is the subject of the appeal. B. Any party dissatisfied with the decision of the hearing officer may file an action under the provisions for administrative mandamus (Code of Civil Procedure Section 1094.5) as it now exists or may later be amended. Section 2. Environmental Determination. The Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act in that the Council finds there is no possibility that the implementation of this ordinance may have significant effects on the environment. Section 3. No -Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4. _ Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: JENNIFER M. FERRAIOLO City Clerk Approved this_ day of , 2015 BOB JOHNSON Mayor al State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held October 21, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 5 JENNIFER M. FERRAIOLO City Clerk 4 WK a�y4vh Please immediately confirm receipt of this, fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1915 and 1916 PUBLISH DATE: SATURDAY, OCTOBER 24, 2015 TEAR SHEETS WANTED: One 1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, OCTOBER 22, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance .. . Legal Newspaper Copy SEND PROOF OFADVERTISEMENT. THANK YOUI! Emailed to the Sentinel atdianer@lodinews.com at _(time) On I 0jM1115 (date) (pages) LNS Phoned to confirm receipt of all pages at (time) _PMF ES (initials) N:\Administration\CLERK\OrdSunimaries\Advins.doc CITY OF LODI ORDINANCE NO. 1915 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 3). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 as Annexation No. 3. Introduced September 16, 2015. Adopted October 21, 2015, and effective November 20, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1916 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17, ARTICLE 6, "DEVELOPMENT CODE ADMINISTRATION," BY ADDING CHAPTER 17.67, "REASONABLE ACCOMMODATION." The purpose of this ordinance is to include a procedure in the Zoning Code to allow a reasonable accommodation request 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. Introduced October 21, 2015. Adoption to be _considered November 4. 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi October 21, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1916 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17, ARTICLE 6, "DEVELOPMENT CODE ADMINISTRATION," BY ADDING CHAPTER 17.27, "REASONABLE ACCOMMODATION" On Thursday, October 22, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1909 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 22, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ord summaries\aaDeePost. doe ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO 1916 JEXHIB, I T: :A AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17, ARTICLE 6 — DEVELOPMENT CODE ADMINISTRATION — BY ADDING CHAPTER 17.67, "REASONABLE ACCOMMODATION" WHEREAS, this chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking fair access to housing under the Federal Fair Housing Act, Americans with Disabilities Act, and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: Section 1. Lodi Municipal Code Title 17, Article 6 — Development Code Administration, is hereby amended by adding Chapter 17.67 — Reasonable Accommodation, and shall read as follows: Chapter 17.67 REASONABLE ACCOMMODATION Sections. 17.67.010 Applicability. 17.67.020 Application Requirements. 17.67.030 Review Authority — Director of Community Development. 17.67.040 Review Procedure — Director of Community Development Review. 17.67.050 Decision and Findings. 17.67.060 Appeal of Decision. 17.67.070 Procedure of Appeal to City Manager. 17.67.010 Applicability. 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. This Chapter is intended to apply to those persons who are defined as disabled under the Acts or to persons who have a physical or mental impairment that limits or substantially limits one or more major life activities. 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 fair access to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.67.020 (Application Requirements). 17.67.020 Application Requirements. A. Application. In addition to any other information that is required under Title 17 of this code, requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter addressed to the Director of Community Development (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 actual use of the property; 4. The basis for the claim that the individual is considered disabled under the Acts; 5. The zoning code provision, regulation or policy from which reasonable accommodation is being requested; 6. A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual; and 7. Such other relevant and permissible information as may be requested by the Director of Community Development or designee. B. Submission of confidential and protected healthcare information. Any confidential or protected healthcare information provided in support of the application shall be submitted separately under seal in an envelope marked, "Confidential Healthcare Information." Such confidential information shall be exempt from public disclosure. 17.67.30 Review Authority — Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director of Community Development, or designee. 17.67.40 Review Procedure - Director of Community Development Review. The Director of Community Development, or designee, shall make a written determination within 45 calendar days of receipt of an application and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.67.050 (Decision and Findings). 17.67.050 Decision and Findings. A. Decision. 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 defined as disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability as defined under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city. N 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. 7. Alternative reasonable accommodations which may provide an equivalent level of benefit. B. Conditions of Approval. In granting a request for reasonable accommodation, the Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A above. 17.67.060 Appeal of Decision. A. An appeal of any decision of the Director of Community Development or designee shall be filed in writing with the City Manager within ten (10) calendar days after service of notice of the written decision. Service shall be by regular postal service or personal delivery. The applicant shall set forth in the appeal the reason why the decision is not proper. B. The City Manager shall direct an appeal to be heard within 15 business days, or as soon as practical, after a notice of appeal is filed with the City Manager as required by this section. C. If no appeal is filed within the time allowed in subsection A above, the decision of the Director of Community Development or designee shall be considered final. 17.67.070 Procedure of Appeal to City Manager A. Appeals to the City Manager: The appeal of any decision of the Community Development Director or designee under this Chapter shall be in writing signed by the appellant, briefly set forth the reasons why such decision is not proper, state an address at which the appellant will receive notices, and filed with the City Manager. 2. The City Manager shall upon receipt of the appeal set the matter for hearing before a hearing officer. The hearing officer shall be an attorney or recognized mediator designated by the City Attorney. The hearing shall be scheduled for not more than 30 calendar days after receipt of the appeal unless a longer time is requested or consented to by the appellant. 3. The appellant (or a representative) shall have the right to present his or her case in person. 4. The hearing officer shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as set forth in Chapter 1.10 of this code. 3 5. The hearing officer may grant, grant with modifications, or deny the request for reasonable accommodation that is the subject of the appeal. B. Any party dissatisfied with the decision of the hearing officer may file an action under the provisions for administrative mandamus (Code of Civil Procedure Section 1094.5) as it now exists or may later be amended. Section 2. Environmental Determination. The Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act in that the Council finds there is no possibility that the implementation of this ordinance may have significant effects on the environment. Section 3. No Mandator Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: JENNIFER M. FERRAIOLO City Clerk Approved this_ day of , 2015 BOB JOHNSON Mayor 4 State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1916 was introduced at a regular meeting of the City Council of the City of Lodi held October 21, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1916 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney