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75B - PH - AMEND CHAPTER 41 ZONING RE: ADA
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75B - PH - AMEND CHAPTER 41 ZONING RE: ADA
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1/3/2012 3:53:46 PM
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2/1/2011 5:18:24 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75B
Date
2/7/2011
Destruction Year
2016
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additional information is made, the sixty (60) day period to issue a decision is <br />stayed until the applicant responds to the request. <br />(c) Referral to Other Reviewing Authority. The Executive Director shall <br />have the authority, upon his or her sole discretion, to refer any reasonable <br />accommodation application to any other reviewing authority, including, but not <br />limited to, the Planning Commission, the Zoning Administrator, or the Historic <br />Resources Commission, to review the reasonable accommodation application and <br />make a determination on the same in accordance with the applicable Sections. <br />Section 6. Section 41-654 is added to Chapter 41 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Sec. 41-654. Reasonable Accommodation - Standards. <br />(a) Findings. The decision to grant, grant with modifications, or deny an <br />application for reasonable accommodation shall be based on a finding of <br />consistency with the Acts and shall take into consideration all of the following <br />factors: <br />1. Whether the housing or housing related facilities, which are the <br />subject of the request, will be used by an individual with a disability <br />under the Acts. <br />2. Whether the request for reasonable accommodation is necessary to <br />make specific housing available to an individual with a disability under <br />the Acts. <br />3. Whether the requested reasonable accommodation would impose an <br />undue financial or administrative burden on the city. <br />4. Whether the requested reasonable accommodation would require a <br />fundamental alteration in the nature of a city program or law, <br />including but not limited to land use and zoning. <br />5. Whether the requested reasonable accommodation would be <br />contrary to the public health, safety, or welfare, or be injurious to the <br />property or improvements of adjacent properties. <br />6. Whether the requested reasonable accommodation adequately <br />considers the physical attributes of the property and structures. <br />7. Whether alternative reasonable accommodations could provide an <br />equivalent level of benefit. <br />Ordinance No. NS-XXX <br />75B-8 Page 4 of 7
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