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ZOA No. 2010-03 <br />January 24, 2011 <br />Page 2 <br />reasonable accommodation due to a disability. In addition, the process itself requires a complete <br />Site Plan Review submittal and public hearing that would not be necessary for most cases where a <br />reasonable accommodation is requested. Rather than require such individuals to apply for a <br />variance from these standards, staff recommends that the City establish a reasonable <br />accommodation process, which would be approved at the administrative level, in order to remove <br />any barriers to access that might otherwise result from the enforcement of the City's development <br />standards. <br />To this end, the Planning and Building Agency and the City Attorney's Office have researched <br />model ordinances prepared by Mental Health Advocacy Services, as well as variations of this <br />ordinance adopted by the cities of Long Beach, Orange, Santa Rosa, Sacramento, San Jose, <br />Pleasant Hill and Glendale. The ordinance establishes a simple ministerial process which can be <br />used by individuals needing deviations from the City's standards to allow a physical change to some <br />component of their residence, or property, in order to accommodate a speck need resulting from <br />their disability. For example, a resident who uses a wheelchair may have a wheelchair-accessible <br />van that cannot fit in a standard garage. In order to accommodate the vehicle, a deviation may be <br />requested to allow a new garage that, due to its larger size, may need to encroach into a setback <br />area. With this ordinance in place, the resident in this example may apply for a reasonable <br />accommodation to allow the construction of the garage within the setback area as opposed to <br />having to go through the more in-depth discretionary review and approval process of the variance. <br />Staff recommends that an ordinance to establish a reasonable accommodation procedure for people <br />with disabilities be adopted in order to ensure that such individuals may have equal opportunity to use <br />and enjoy a dwelling. Staff further recommends that, based on the number of projected applications <br />and the relatively small amount of staff work required, no fee be established for such requests. <br />CEQA Compliance <br />In accordance with the California Environmental Quality Act, the recommended action is exempt from <br />further review pursuant to Section 15061 (b) (3) of the CEQA Guidelines. This exemption is allowed <br />when the activity, in this case the recommendation of adoption of the ordinance, follows the general <br />rule that CEQA only applies to projects which have the potential for causing a significant effect on the <br />environment. The establishment of a reasonable accommodation process will not have a significant <br />effect on the environment. A Notice of Exemption (Environmental Review No. 2010-135) will be filed <br />for this project. <br />- V I LA7,e-k- <br />Karen Haluza, AICP <br />Planning Manager <br />KH:jm <br />kh/Stab Reports/ZOA 2010-03 Reasonable Accommodation Process.pc