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REQUEST FOR <br />Planning Commission Action <br />PLANNING COMMISSION MEETING DATE: <br />JANUARY 24, 2011 <br />TITLE: <br />PUBLIC HEARING - FILED BY THE CITY OF SANTA <br />ANA TO AMEND PROVISIONS OF CHAPTER 41 <br />ESTABLISHING A REASONABLE ACCOMMODATION <br />PROCESS (ZONING ORDINANCE AMENDMENT NO. <br />2010-03) <br />Prepared by Karen Haluza <br />Executive Director <br />RECOMMENDED ACTION <br />PLANNING COMMISSION SECRETARY <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Set Public Hearing For <br />DENIED <br />? Applicant's Request <br />? Staff Recommendation <br />CONTINUED TO <br />Planning Manager <br />Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. <br />2010-03 to amend Chapter 41 of the Santa Ana Municipal Code in order to establish a process <br />whereby persons with disabilities may request reasonable accommodations from the City's <br />development standards. <br />DISCUSSION <br />Request of the Awlicant <br />The City of Santa Ana is requesting an amendment to Chapter 41 of the Santa Ana Municipal Code <br />(SAMC) in order to establish a process whereby persons with disabilities may request deviations from <br />the City's development standards in order to ensure that they may have equal opportunity to use and <br />enjoy a dwelling. <br />Analysis of the Issues <br />The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing <br />Act prohibit discrimination against individuals with disabilities; as such disability may limit housing <br />opportunities and access -to housing. These fair housing laws require that cities and counties <br />provide individuals with disabilities flexibility in the application of land use and zoning, and building <br />regulations, practices and procedures. Local jurisdictions could even be asked to waive certain <br />requirements when it is necessary to eliminate barriers to housing opportunities. <br />The City's development standards, while they are not intended to create barriers to the full access of <br />individuals to their homes, may, in some cases, need to be deviated from in order to ensure equal <br />access to persons with disabilities. Currently, a process exists whereby an individual may request a <br />deviation from the City's development standards through a variance or minor exception. However, <br />that process isn't suitable for all cases where the deviation is needed in order to provide a <br />Exhibit A <br />1