6206ORDINANCE NO. 6206
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 18.62 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO
ADMINISTRATIVE REVIEWS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1
That Section 18.62.010 of Chapter 18.62 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.62.010 PURPOSE.
The purpose of this chapter is to provide a process for the administrative review of certain
applications to ensure they meet the intent of the General Plan and this title, but do not require
review by the Planning Commission."
SECTION 2
That Section 18.62.020 of Chapter 18.62 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.62.020 APPLICABILITY.
An administrative approval is required for the following activities:
.010 Administrative adjustments— see Section 18.62.040
020 Special event permits —see Section 18.38.240
030 Large family day care homes — see Section 18.62.060
040 Telecommunications antenna review permits — see Section 18.62.070
050 Wayfinding sign program sign permits — see Section 18.62.080 and
.060 Request for reasonable accommodation —see Section 18.62.090
SECTION 3
That Section 18.62.030 of Chapter 18.62 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.62.030 APPROVAL AUTHORITY.
Planning Director. The approval authority for an administrative adjustment, a special event
permit, a large family day care home, a telecommunications antenna review permit, a wayfinding
sign program permit, and a request for reasonable accommodation is the Planning Director."
SECTION 4
That subsection .050 of Section 18.62.060 of Chapter 18.62 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 Decision. The decision of the Planning Director is final and may not be appealed."
SECTION 5
That subsection .060 of Section 18.62.060 of Chapter 18.62 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 Findings. The Planning Director shall make the following findings in order to approve
an administrative adjustment:
.0601 The adjustment is consistent with the purposes and intent of the Zoning Code;
.0602 The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment;
.0603 The adjustment will not produce a result that is out of character or detrimental to
the neighborhood."
SECTION 6
That new Section 18.62.090 be, and the same is hereby, added to Chapter 18.62 of
Title 18 of the Anaheim Municipal Code to read as follows:
"18.62.090 REQUEST FOR REASONABLE ACCOMMODATION.
This section sets forth the procedures to request reasonable accommodation for persons with
disabilities seeking equal access to housing under the Federal Housing Act and the California
Fair Employment and Housing Acts (the Acts) in the application of zoning laws and other land
use regulations, policies and procedures.
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.010 Applicability.
.0101 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.
.0102 A request for reasonable accommodation may include a modification or exception
to the rules, standards, practices and procedures regulating the siting, development or 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.
.0103 A person with a disability is a person who has a physical or mental impairment
that 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 section shall only apply to
those persons who are defined as disabled under the Acts.
.020 Application.
.0201 An application for a request for reasonable accommodation shall be filed with the
Planning Department, on a form approved by the Planning Director, and shall contain the
following information:
01 Applicant's name, address, and telephone number;
02 Address of the property for which the request is being made;
03 The current actual use of the property;
.04 The basis for the claim that the individual is considered disabled under the Acts.
.05 The zoning code provision, regulation or policy from which reasonable
accommodation is being requested.
06 The length of time the reasonable accommodation is necessary.
.07 Explanation of why the reasonable accommodation is necessary to make the
specific property accessible to the individual.
0202 Review with other land use applications.
.01 If the project for which the request for reasonable accommodation is made
requires some other discretionary permit or approval, then the applicant shall submit the request
for reasonable accommodation together with the application for the other discretionary permit or
approval. The processing procedure of the discretionary permit shall govern the joint processing
of both the reasonable accommodation and the discretionary permit.
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.02 Requests for reasonable accommodation submitted for concurrent review with
another discretionary land use application shall be reviewed by the authority reviewing the
discretionary land use application.
.030 Issuance or Denial of Permit. If the Planning Director determines that all provisions of
this section are, or will be, complied with, and that all other necessary permits have or will be
obtained, a permit shall be issued; otherwise, the application shall be denied.
040 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).
.050 Decision. The decision of the Planning Director is final, unless appealed to the
Planning Commission within ten (10) days after the date the decision is made
.060 Findings. A written decision to grant, grant with modifications, or deny a request for
reasonable accommodation shall consider all of the following factors:
.0601 That the housing, which is the subject of the request, will be used by a person
with a disability as defined in subsection 18.62.090.010, above.
.0602 That the request for reasonable accommodation is necessary to make specific
housing available to a person with a disability as defined in subsection 18.62.090.010, above.
.0603 That the requested reasonable accommodation would not impose an undue
financial or administrative burden on the city.
.0604 That the requested reasonable accommodation would not require a fundamental
alteration in the nature of a City program or law, including but not limited to land use and
zoning.
.070 Conditions of Approval. In granting a request for reasonable accommodation, the
reviewing authority may impose any conditions of approval deemed reasonable and necessary to
ensure that the reasonable accommodation would comply with the findings required by
Subsection .060 Findings.
SECTION 7 . SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination here from of any such portion as may be declared
invalid.
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SECTION 8 . SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 9 . PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 22nd day of March , 2011, and
thereafter passed and adopted at a regular meeting of said City Council held on the 12th day of
April , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway, Murray
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY
81296.v2
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AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS. Proof of Publication of
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen ears and not a
g Y party to or interested in
- - -"
SUMMARY PUBLICATION
CITY N. M AN
ORDINANCE
the above - entitled matter. I am the principal
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
18.02 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAIN -
clerk of the Anaheim Bulletin, a newspaper that
INS TO ADMINISTRATIVE REVIEWS -
has been
his ordinance adds now Section 18.62.080 to Chapter 18.62 of Title 18 of the Anaheim Mu-
cipal code to establish procedures pertaining to requests for reasonable accommoda-
adjudged to be a newspaper O general
m by or on behalf of persons with disabilixes seeking equal access to housing under the
�derel Housing Act and the California Fair Employment and Housing Acts in the applica -',,
n of zoning Laws and other land use regulations, and The
circulation by the Superior Court of the County
policies procedures. policy
rovides that all requests for reasonable accommodation will be processed admaitrative-
P m
of Orange, State of California, on December 28,
Y
1 , Linda N. Andal, City clerk of the City of Anaheim, do hereby certify that the foregoing is a
1951, Case No. A -21021 in and for the City
summary of Ordinance No. 6206 which ordinance was introduced at a.regular meeting of
the c ity Council of the City of Anaheim on the 22nd d 1 and was day of March, 2 uly
passed a adopted at a regular meeting of said Council on the 12th day of April, 2011 b
of
the following roll call vote of the members thereof:
Anaheim, County of Orange, State of California;
AWES: Mayor Taft, Council Members Sidhu, Eastman, Galloway, Murray
that the notice, of which the annexed is a true
Noes: NONE
. ABSENT: NONE
printed copy, has been published in each regular
; ABSTAIN: NONE
and entire issue Of said newspaper and not in any
The above summary is a brief description of the subject matter contained in the te xt of Or-
dinance No. 6206, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does Inc" describe the
supplement thereof on the following dates, to
or provision of ordi-
3 "a"� and mould not be `axed on as a subatikite f the fu ll tent mks a ordinance.
wit:
To obtain a cop of the full te)d of the ordinance please contact the Office of the City
1 Clerk, (714) 7166, between 8 :00 AM and 5:00 401, Monday through Friday. There is no
charge for the copy.
April 21 2011
Publish: Anaheim Buxetin_April 21.20118358058
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct ":
Executed at Santa Ana, Orange County,
California, on
Date: April 21, 2011
n
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796 -2209
PROOF OF PUBLICATION