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City of Chowchilla ADU Granny Flat Regulations

In an effort to combat rising housing costs California passed major legislation allowing any house zoned for single-family to build a second rentable unit, known as an accessory dwelling unit. This has opened up massive opportunities for California homeowners allowing them maximize their property values. If you’re interested in building an accessory dwelling unit, you’ve come to the right place!

Contact info@usmodularinc.com or 888-987-6638 for more information!

ORDINANCE # 482 ..17

 

AN ORDINANCE OF THE CITY OF CHOWCHILLA

AMENDING SECTIONS OF CHAPTER 18 OF THE CHOWCHILLA MUNICIPAL

CODE (ZONING ORDINANCE) AS NECESSARY   TO BE IN COMPLIANCE   WITH STATE HOUSING  LAW

 

The City Council of the City of CHOWCHILLA   hereby  does ordain as follows: SECTION 1 PURPOSE

As part of the City’s Housing Element update, the City is required  to make zoning ordinance updates to bring the  City into compliance with State Housing code. These zoning   text   updates   are   Included   within   the   Housing   Element   as   required implementation   measures for the City to complete.

 

SECTION 2 AMENDMENT TO CODE

 

Specific  wording  changes are shown new wording  in ynderllne and wording to  be removed in atrlkeo~t.  The eight headings are not intended to be part of the ordinance

text and are inserted  for clarity of reading only.

 

 

 

  1. FAMILYDEFINmON

 

 

 

Chapter 18.08 –  DEFINITIONS

 

18.06.358  –  Family.

 

“Family” means an Individual or a groyp of persons living together who constitute a bona fide sinale-family  hOUsekeeping unit In a dwelling unit. not jncludlng a fraternity, sorority, club, or other group of persons occypylng a botel. lodging  house Of Institution of any kind ….. ~

 

 

 

  1. EMPLOYEE  HOUSING,    SUPPORTIVE   AND    TRANSITIONAL    HOUSING, RESIDENTIAL  CARE FACILITIES AND ACCESSORY DWELUNG  UNITS –  R..1

ZONE

 

 

 

Chapter 18.08 –  DEFINITIONS

 

18.Q6.35~ –  Employee hoysing.

 

Consistent with Health and Safety Code section 17008. 41Employee housing” means property used temporarily  or seasonally  (not more than 180 days in any calendar year) for the residential use of unrelated personslfamllfes employed to perform agricultural   or

 

….

 

industrial labor either on or off site of @gricultyral aptivities.  The accommodations   may consist of any living quarters. dwelling. boarding house. tent (onlv temporary occupancy). bunkhouse (only temporary occupancy}.’ mobllehome.  manufactyred  home. recreational yehicle. travel trailer. or other housing accommodations   m@jntained In one or more bylldlngs. or one or more sites, and the premises upon which they are situated. including area set gside for parking of mobilohomes  or camping of employees by the employer. Employee housing may also Involye permanent residency if the housing accommodation is a mobilehQme. manufactured home. travel trailer. or recreationSl! vehicle. Specifically.  there are two (2) types of employee housing as follows:

 

A,  Employee Housing. Large:  Employee housing that serves more than six  (6) employees and consists of no more than thlrtv-six  (36) beds In grQup quarters or twelve (12)  units or spaces designed for use by@ single family or household.

 

  1. Employee Housing. Small:  Employee housing that  serves six  (6)   or fewer employees.

 

 

 

18.06,710  –  Residential  care facility.

 

“Residential care facility” means a single-family dwellfng.  group care faCility. or similar facility licensed by the State of California for twenty-four (24) hour non~medical care of persons in need of personal services, sypervlslon or assistance  essential  for sustaining the activities of dally living or for the protegtion  of the individual.

 

18.06.886  –  Supportive hoysing

 

“Supportive housing” is defined as housing with no limit of stay, that is occupied  by the target population, and that is linked on an on-site or off-site service that assists the supportive housing resident In retaining the hoysing. Improving  his or her heaHh status. and maximizing his or her ability to live and. when possible. work in the community.

 

18.06.890 –  Target popUlation.

 

“Tamel population”  means person§ with low Incomes who have one or more disabilities. including mental  illness.  HIV  or  AIDS.  substance abuse.  or  other  chronic health condition.  or  Individuals eligible  for  services  provided pursuant to  the  Lanterman

Developmental Disabilities Services Act. and may Include. among other populations.

adylts. emancipated minors. families with ghlldren.  elderlv persons. young adults aging

out of the foster care system. individuals exiting from institutional  settings. veterans. and homeless people.

 

18.06.91 Q –    Transitional housing.

 

“Transitional housing” means buildings configured as rental housing· developments. but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time. which shall be no less than six months from the beginning  of the assistance.

 

 

 

Chapter 18.12 –  Rw1 SINGLE·FAMILY RESIDENTIAL   DISTRICT

 

18,12.020 –  Permitted  uses.

 

The following uses only shall be permitted in the R-1 district:

 

  • .

 

  1. One-family dwelling units  and one-family mobile  homes, not more than one dwelling or mobile- home per tot; all mobUe homes must be certified under the National Mobile home Construction and Safety Standards  Act of 1974 (42 U.S.C. Section 5401, et seq.) and placed on a foundation system pursuant to Section

18551 of the Health and Safety Code;

 

  1. Accessory buildings  and  structures. including garages and swimming pools.

Swimming pools  may  be  used for  the  purpose of instruction, for fee, when neighbors within three hundred feet of the location  have the opportunity  to object, after notiffcation by the city prior to the Issuance  of a permit, and the use may

continue subject to review by the planning commission  of any complaints.  Such a

use of a swimming pool for swimming instruction shall be required to meet all

health requirements of all public agencies;

 

  1. Temporary tract offices, model homes and construction materials storage yards. within the tract being developed;

 

  1. Private greenhouses and horticultural collections, flower and vegetable  gardens;

 

  1. The keeping of household pets, subject to the provisions of Section 18.06.472;
  2. Signs. subject to the provisions of Section 18.12.150;

 

  1. Recreational vehicle, motorhome, travel trailer, truck camper, camping trailer. boat or boat trailer storage, subject to the provisions of subsection F of Section

18.66.100;

 

  1. Family day care homes caring for one through six childreni

 

  1. Supportive and transitional housing;

.J. Accessorv dwelling unit In accordance  with Section 18.66.25Q.

 

  1. Employee hoyslng. small: L. Residential care facility

18.12.030  –  Conditional uses.

 

The fonowlng  uses only shall be permitted in the R-1 district. subject to farst securing a conditional use permit as provided in Article 1 of Chapter 18.81:

  1. Churches;
  2. Communications equipment buildings and structures;

 

  1. Family day care homes caring for more than six but less than seventeen children;

 

  1. Electrical distnbutlon substations;

 

  1. Home ocoupations. subject  to  conforming  with  the  definitions  and  criteria specified in Section 18.06.458;

 

  1. Off-site subdivision signs, subject to the provisions of subsection 0 of Section

18.12.150;

 

  1. Public libraries;

 

  1. Small family rest homes,  licensed as  such, which  house not more than  six patients;

 

  1. Water pump stations;

 

 

 

 

 

 

 

K4. Public  and quasl·publlc uses appropriate to a residential  zone. K. Employee    housing, large.

 

 

Chapter 18.66 –  PROPERTY DEVELOPMENT STANDARDS

 

18.66.240  – Accessory dwelling units.

 

All acoessQry  dwelling units shall meet the following  standards:

 

  1. Floor Area. An accessorY dwelling unit shall not exceed 9ne thousand two hundred (1.200) sauare feet of floor area If separated from the existing

slngle-familv dwelling. If attached to the existing single-family residence. the floor area of the second unit shall not exceed fiftY  (50) percent of the

existing living area of the existing slngle-famllv   dwelling. A manufactured home shall  not be less than eight (8) feet wide by forty (40) feet long and three   hundred  twenty (320)  sauare feet  in floor area. An  efficiency unit

shall not bfi! less than one hundred (150) square feet in floor area and

meet all  space and occupancy standards of Chapter 5 of the Uniform

Housing’ Code.

 

  1. Location. An accessory dwelling yolt shall be located either to the side or to the reiu 2′ the existing single-family residence and shall be either attached    to the existing single-family dweHing  or be seDarated from the eXisting  single-family detached residence  by not less than ten (1 Q) feet or the separation as allowed by the  Uniform Building Code. whioh8ver is

~

 

  1. Access. Doorwav access shall be provided either to the side or rear of the accessory dwelling unit Direct doorway access to the front yard by the second ynilshall be prohlbtted.

 

  1. Owner Ocoypancy. Either the existing single-family detached residence or thE!accessory dwelling  unit shall be occupied by the owner of the property.
  2. Off-Street  Parking.  A minimum  one (1) additional  offftstreet parking space

shall be provided  for the accessory  dwelling  untt. The additional parklOR

,pace  may be  a  paved tandem space on an existing driveway.  The additional parking space shall be waived  If in any Qf   the following instances;

 

  1. The accessory dweDins unit is located within one-half (0.5) miles of public transit.

 

  1. The accessory dwelling unit is located within an architecturally  and hlstoricallv significant  historIc district.
  2. IhQ iccessorv dwel!jng unit Is part of the existing primary residence 2[

an existing accessory  structyre.

 

  1. When on-street p@rking permits are required byt not offered  to the occypant  of the accessory dwelling unit.

 

  1. When there is a car share vehicle located within one block of the accessory  dwelling  unit.

 

  1. Utility Services. Accessory dwelling  units shall be provided  wjth water. sewer and other utilities as determined by the building official.

 

  1. Architectural Appearance. An acces’2I’V  dwelling .unit shall be deSigned and constructed  so as to blencJ with the single-famllv   dwelling  and be architecturally   similar jn appearance  in order to be consistent  with the

existing slngle:famlly dwelling’s design. construction.   height. roofing. siding materials. and color.

 

  1. Except as specifically set forth In thl section. an accessory dwelling unit regulated  pursuant  to this chaoter  shall meQt all of thE! requirements  of the zOne district  in which the accessory dwelling unit is located Including. without  limitation.  reQyirements regarding fences. walls and hedges; site area, frontage width. and depth of sites: coverage:  yard requirements: bE!lght of structYres:  distances  between  structures;  signs: and general provisions and eXceptions.
  2. An application for an accessory  dwelling unit shall not be denied solely

pased on any maximum  density requirement or standard:

 

 

 

  1. SRO AND BOARDINGHOUSE  –  R-3 AND  PO ZONE

 

 

Chapter  18.08 – DEFINITIONS

18.06.118 – Boardinghouse  or rooming house.

 

“Boardlnghouse” or “rooming house” means a building containing a single dwelling unit· and provisions for five but Rat or more  thaR fifteeA guests, where  lodging is provided with or without meals for compensation,  but not to fnclude rest homes.

 

18.06.810  – Sfngle”room occupancy.

 

!lSingle-foom occupancy  (SRO)”  m~@ns a residential facility of two or more separate indivldyal rooms with typically  less than “ve hundred (500) sqyare feet of floor space. with or without separate kitchen pr bathroom facilities for each room. rented on a weekly or monthlv balis. An SRO  may not be occupied by more Shanone person.  Single-room

occupancy does not inclyde Hotel or motel.

 

 

 

Chapter  18.30  –    R~3  MEDIUM·DENSITY    MULTIPLE·FAMILY RESIDENTIAL DISTRICT

18.30.020  –  Permitted uses.

 

The following uses only shall be permitted  In the R-3 district:

  1. Any use permitted In the R-2 district, Section 18.27.020;

 

  1. Multiple-housing facllitfes, including rooming houses and  boardinghouses, apartment houses and apartment courts;

 

  1. Accessory buildings and uses customarily inciden~1 to any of the above uses, when located on the same lot and not involving and conduct of a business;
  2. Single-room occupancy.

 

 

Chapter   18.40 –  PO PROFESSIONAL  OFFICE DISTRICT

18.40.040  – Conditional uses-Planning commission approval.

 

  1. Churches, parsonages and other religious institutions.

 

  1. Public and private charitable institutions, hospitals, sanitariums,  rest homes, nursing homes. family care homes, foster homes or group homes for the mentally disordered or otherwise  handicapped person, including state authorized homes.

 

  1. Public uses of a cultural type, including libraries, museums, art galleries. D. Mortuaries.
  2. Modest expansion or remodeling of an existing nonconforming use of a structure or land, limited to fifty percent or less of the value of existing structures, or re- establishment of a  nonconforming   use which has been damaged,  except nonconforming  signs and outdoor advertising  structures,  with an assessed valuation of less than on hundred dollars, and nonconforming fences. walls and hedges.
  3. Residential drug treatment recovery homes.
  4. Accessory structures and uses located on the same site as a conditional use. H. Boarding and rooming houses.
  5. Guest houses.

 

  1. Sinale-roQm  occupancy,

 

 

 

  1. EMERGENCY SHELTERS – C:3 ZONE 0

 

 

 

Chapter 18.08 – DEFINITIONS

 

18.06.352 – Emergency  shelter. ”

 

“Emergency shelter” means a facilitv providing  housing  with minimal  supportive  services for homeless persons that is limited to occupancy  of six months Qr less where housing is not denied because of an inabllltv to pay.

 

 

 

Chapter 18.39 – C-3 GENERAL AND SERVICE COMMERCIAL DISTRICT*

 

18.39.020 – Permitted uses.

 

The following uses shall be permitted in the C-3 district:

 

  1. New and used automobJle ‘lots, boat and trailer sales and rental estabHshments, automobile service stations, repair garages;

 

  1. Hotels and motels;

 

  1. Restaurants and drive-in restaurants;

 

  1. Public or commercial    recreation facilities, such  as  swimming pools.  bowling alleys, etc.;       0

 

  1. Carpenter, electrical, plumbing, heating or machine shops, printing or publishing,
furniture  upholstering, green house  or  horticultural, contractor’s equipment
storage yards, etc.;  

0

      
  1. Animal hospitals, veterinary clinics and kennels;

 

  1. Any  other  commercial   use   or  service  establishment  determined  by  the commission         after  a  public hearing to  be consistent with the purpose of this section       and  which  will  not  impair the  present or  potential use of  adjacent propertie8~

 

  1. Emergency ,helter. ‘

 

 

  1. MANUFACTURED HOME AND MOBILEHOME   STANDARDS

 

 

Chapter 18.08 –  DEFINITIONS

 

18.06.586  –  Manufactured   home.

“Manufactured home” means  a structure that  waS  constructed on or after June 15.

  1. Is transportable In one or more sections. Is eight (8) body feet or more In width. or

forty (40) body feet or more in length. in the trave!lng mode. or. when erected on site. is

three hundred  twenty (320) or more square  feet. and Is designed to be used as a single-

family dwelling when connected to the required utilities.

 

18.06.600  –  MobUe home.

 

IIMobile home” means  a structure that was constructed prior to June 15. 1976,  is transportable in one or more seotions. is eight (8)  body feet or more in width. or forty (40)  body feet or more In length. In the traveling mode. or. when erected on site. Is three hundred (320) or more SQuare  feet. and is designed to be used as a single-family dwelling  when  connected  to  the  required  ytillti~s. WltR er  vlilRewt a  pem:tanent

foYrutationj ¥.’hiah sontalns  not  more than  “”.q)   “welling  WRils   and wAlsi:l i8   net  a

FeGFeational’l8l=iiele, eommeFGlal GOaeRor faetory  i)wilt  heyse.

 

 

Chapter 18.66 –  PROPERTY DEVELOPMENT STANDARDS

 

18.66,250  –  ManufaQtured  housing.

 

The provisions of this seotlon shall apply to all manyfactured   homes not lOcated in an approved  mobile home park:                         .

 

  1. No manufactured home shall be installed that was manufactured   more than ten

(10) years from the date of application for a building permit fOf installation.

s, All manufactured homes shall meet the following  site or architeotural  standards:

 

  1. Garages and’ Carports. A minimum of a one=ear garage or carport shall be provided for every manufactured house. Ib.e parking reqylrements of Chapter

18.12 §hall also apply.

  1. Mjnimym Widlb and Floor Area. The width and floor area of a manyfactured housing unit shall be the average of other residences In the zone district in which It Is located.

,                                                                                                                   .

  1. Roof Overhangs. All manufactured housing units and garages shall have a

pltohed roof with a minimum sixteen (16) inoh rQof overhang on eaoh of the perimeter walls sych that the overhang is archjteoturally integrated Into the design of the dwelling ynlt.

4,  Roofing Materials. All manufactured hoysing units and garages and carports located on the lot shall have a roof constituted of asphalt composition. olS!y. tile.  oonorete  or  metal  tile  or  panels, slate  or  built-up  asphaltlc”gravel materials.

 

  1. Siding Materials. All manufaotured housing units and garages looated on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall

extend to the ground level, except that when a solid concrete or masonry

perimeter foundation is used, the sIding material need not extend below the

top of the foundation.

 

  1. Foundations. All manyfactured housing units and aluages and carports §hall be placed on @  permanent foundation which meets the applicable building code requirements and/or the provisions  of Seotion 18551 of the State Health

and SafetY Code suoh that the floor elevation of the dwelling Is rea§onablv

compatible  wltb the floor elevatIons  Qf the syrroyndlng dwelling ynits.

 

  1. Utility connectlQns.  The  mobIle  home  electrioal. gas.  water  and  drain connections          shall be made permanent in a manner applicable tQ permanent buildings.     Gas shut-off valve§. meters and regulators §hall not be located beneath  the manufaotured homes.

 

  1. Deviations. The gommunlty development  department may approve  deviations from one or more of the standards of this subsection on the basis of a finding that the architectural sMa  proposed provides compensating design fe@tyres

and that  the  proposed  dwelling will be  compatible and  harmonious with

existing structures in the vicinity.

  1. Surrender of Registration. Sybsequent to applYing    for a builsting  permit, and prior to the ocoupancy of 8 mobile home or manufactyred home on a permanent

foundation. a certlflgatjon   of occupancy i8  to be issued by the building  official

pursuant to Section 18551 of the State Health  and Safety Code. Thereafter,   any”

vehicle license  plme,  certificate  of  ownerShip, and  certificate of  registration

iHyed  by a state agency shall be surrendered bagk to the Issylng state agency. Anl£ mobilelmaoyfsctured  home on a pennanent foundation shall bear a state

insignia or federal label pursuant to Section 18550 of the State Health and Safety

Code.

 

 

 

  1. DENSITY BONUS

 

 

 

Chapter 18.06 –  DEFINITIONS

 

18.06.296  –  Density Bonus.

 

“Density Bonus” means an Increas,  in the allowable nymber of residences granted by

the city or COU”‘” in return for the prolect’s providing  lowMor  mOderate-income  hoysing. A   housing  development  that  proyldes 20  percent  of  its  units  for  lower-income households. ten percent of its unila for very-low income  households.   or 50 percent of its units for seniors is entitled to a density bonus and other concessions (See California Govemment Code section 65e15).

 

 

 

Chapter 18.81 –  HOUSING  DENSITY BONUS  AND OTHER INCENTIVES

 

18.61.010  –  Purpose and Intent.

The purpose and “intent of this section 18to implement Chapter  4.l Density Bonuses  and Other Incentives. SectIon 65915 et seq .• of the Califomla Government Code for the development  of  affordable  housing  and  senior  housing  developments. which  are Incorporated   herein bv this rgference.

 

18.61.020  – Applicability of density bonus.

 

This section shall applv to resfdential prolects   providing moderate. low and very low income    hoysing and/or senior hoUSing  developments pursuant to the provisions and definitions of Chapter 4.3. Section 65915 at seq., of the California Government   Code.

 

 

 

018.61.030   –  Density bonus requirements.

 

  1. Projects whIch meet the reqylrements set forth in this section shall qyallfy for a density bonus and an applicable number of concessjons or incentives unless the City Council adopts a written finding. ba§§d upon substantial evidence that any one of the following exists:

 

  1. The concession or incentive is not required to provide  for affordabl~ housing costs. as defined in Health and Safety Code Section 50052.5. or for [Jnts for the targeted ynits to be set at the required affordable levels. as specified in Government Code Section 65915(0); or

 

  1. The concession or Incentive would have a specific adverse impact. as defined In Government  Code  Sectjon 66589.5(d)(2). upon pybUc health and safety or the physical  environment or on any real property that is listed in the California Regiltar of HistoricalResources and for which there is no feasible method to satisfactorily  mitigate Of  avoid the specific adverse impact without rendering  the dev,lopment   unaffordablt   to low- and moderate-income househQlds; or

 

  1. The disapproval of the prolect Of  imposition of conditions is required  in order to comply with specific state or federal law and there Is no f9asible method to comply without rendering the development unaffordable to very

low and low-lncoIDfil hou§eholds; or

 

  1. The development profect is inconsistent with the cny’, General Plan land use deSignation as it existed on the data the application was deemed complete. and the city has adopted a housing element in compliance  with state law.

 

  1. Project financial report. The applicant shall show in the form of a prolect financial report (financial pro forma) that the density bonus is necessarY to make the housing units economically feasible. and the cibt may retain a consultant.  at developer’s sole cost. to review the prolect financial report and adVise the city on the        report. Where development and  zoning standards exist which woYld otherwise Inhibit the utilization of the density bonus on specific sites. the city may

waive or modify the standards consistent with the provisions of this section.

18.61.040 – Density bonus procedures.

 

  1. Density Bonuslfncentives Review, Density bonus/incentive review by  the Planning  Commission  shall only be required for profects involving  Planning Commission  approyal.  If no regislatjve entitlement is required. the ‘communitv development  department  staff shall have final approval  authority on denSity bonus and incentives. Appeals  of a Planning Commission de.clsian must be in accordance with Section 18.81.060 of the Chowchilla Municipal Code. If a rezone or General Plan amendment Is part of the project. the Planning Commission shall make a recommendation  on the density bonus and incentives request but the City CQuncil shall have final approval authority as part of the total profect. Any special conditions  Qf the cltv zoning ordinance pertaining to the project. andlor applicable development standards of the downtown·area ,hall also apply.

 

  1. Regulatory Agreement. The city and applicant ,hall execute a regulatory agreement. ensuring oompliance of  the· proieot with  all  applicable provisions  and affordablllty  restrictions  as required under this section. State law. or other applicable affordable housing requirements, as well as equity sharing reqUirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the Madera County recorder’s office running with the land and be binding ypon all future Qwners. developers. andlor successors-In-interest.  The regulatory agreement shall be recorded

 

prior to  lhe  8RRrovai of  a  final  map. or. where a  map Is not beiDA processed. prior to the Issuanc~  of building  permits  for tbe parcel or units. Resale of moderate income units shall be governed bv Government   CodQ Section 65915(c)(2t  The regulatory  agreement shall include at least the following:

 

  1. The total number of units approved for the housing development.

‘ncludlng the number of target units:

  1. A  description    of    tbe   household   Income   group    to    be Iccommodated         by the hQyslng  development. and the standards for  determining the corresponding affordable rent or affordable sales price and housing COBtS:
  2. The location. unit sizes. in square feet. and number of bedrooms of target unitt;

 

  1. Tenure of use restrictions for target units of at least ten (10) or

thirty (30) years. In compliance  with applicable laws;

 

  1. A schedule for completion and occupancy of target units:

 

  1. A description of the additional Incentive’s) being provided by the

~

  1. A description of remedies for breach of the reaulatory agreement by the owners. developers. andlor successors-In-interest     of the protect: and
  2. Other proylslon§ to ensure implementation and compliance wjth

this section.

18.61.050  -Additional  Conditions.

 

  1. In  addijlon,  reasQnabte  conditions  may  be   imposed  to  assure  continued

availability of such housing as very low. low or moderate Income housing, or. for senior housing developments as defined II) Civil Code Sections 51.3 and 51.12.

 

  1. Those ynHs targeted for low-Income househglds shall be affordable at a rent that does not exceed cyrrent Housing and Urban Development ‘HUD)  income limits for low·lncpme households for the county adlusted  for hOYsehold size.

 

  1. Those unlt§ targeted for very low-income households shall be affordable  at a rent that does not exceed current HUD income limits for very low-income households In the county  adjusted for household size.

 

  1. The owner’s) shall maintain and keeg on file documentation for the income level for each tenant occupYing “the target units.

 

  1. The owner(s} shall provide the city any addHlonallnformation reayired by the city to ensyre the lona-term affordability of the target units bv eligible households.

 

  1. The oity shall have the right to inspect  the owners prolect-related records at any reasonable   time and ahall be entitled to audit the owner’s records once a year.

 

  1. The city may establish fees associated with the setting up and monitoring of target ynits.

 

  1. All ownership tfUggt units shall be occupied by their purchasers; no renting O[

reasing shall be allowed.

 

 

 

  1. ONE·BEDROOM DWELLING UNIT PARKING REGULATIONS

 

 

 

Chapter 18.27 –  R·2 LOW.DENSITY MULTIPLE·FAMILY RESIDENTIAL   DISTRICT

 

18.27.130 – Off-street parking.

 

The following provisions shall apply In the R-2 district, subject to the general conditions of Sections 18.66.100 through 18.66.140:

 

  1. For one.famlly dwellings, the provisions of the R-1 district, Section 18.12.130, shall apply. For a two-family or multiple-family  dwelling, there shall be one aAEI ORe half parking spaces for each one-bedroom   dwelling unit; two  parking spaces for each two-bedroom dwelling unit; two and one-half parking spaces for each three or more bedroom dwelling unit. At least one space for each dwelling unit shall be in a garage or carport. In the event that a requirement   for one-half  space results from this ratio. the parking space requirement   shall be increased to the next highest whole number. The required spaces shall be on the same lot with the main building which they are intended to serve, and shall be located to the rear of the required front yard.

 

 

 

  1. SENATE BILL  520-   REASONABLE   ACCOMMODATION   STANDARDS

 

 

 

Chapter 18.90 – REASQNABLE ACCOMMODATION

 

18.90.010·  Purpose.

 

In order to make specific housing available to one or more Individuals   wah disabilities. thjs   chapter   implements   the   policy   of   the  city   on   requests  for   reasonable·

accommodation In its  rules, policies, and procedyres for persons with disabilities as

required by the Fair Housing Act. as amended. 42 U.S.C. Section 3604(f)(3)(8). The

policv of the city is to comp’v fully with the provisions  of the Fair Housing  Act.

18.90.020 • Definitions.

  1. ICFairHousing  Act,1I  means The Federal Fair Housing Amendments Act of 1988,

8S amended.

  1. “Applicant” means any person with disabilities or their  representative that  is

requesting  a reasonable accommodation pursuant  to this chapter.

  1. “Departmene means the Community QeveloDment  Department of  the Citv of

Chowchilla.

 

  1. “Dwelling” means any building, strycture. or portion thereof which Is occupied as. or designed or intended for occupancy as, a residence by one or more families. and any vaoant land which is offered for sale or lease for the construction or location  thereon of any such building, structure,  or portion  thereof.

 

  1. “Person with disabUltles” means· any  person who. as defined by applicable federal law. has a physical or mltntal impairment  that limits one or more major lifQ activities or anvone who  (8 regarded as having  such impairment:  or anyone who bas a record of such impairment.                                  .

 

18.90.030  – Reasonable accommodation   request.

 

  1. Any person with disabilities and eligible under the Fair Housing Act or their representative         may request a reasonable accommodation with respect to  the various land yse or zoning laws. rules. policIes. practices and/or procedures of

the city as provided by the fair Housing  Apt pursuaot to the procedures  set oyt in

this chapter.

 

  1. Nothing In this chapwr requires persons with disabilities or operators of group homes for  persons  with  disabilitieS  Icting  or  operating  in accordance with applicabJe   zOning.  Ijecensing or land use law,  or practices 10 seek reasonable accommodation  uoder this chapter.                          .

18.90,040  – NotiC@10 the public of availability of accommodation   process.

 

The Deparjrnent shall prominentlv display a notice at the oounter in the Commyoitv Deyelopment Department   and   Finance  Department  advising  that  persons  with disabilities  or  their representatives  may  reaye§1 8 reasonable accommodation  In acoordance with the proce~ures established in this ohapter.

 

18.90.050 – Requesting  reasonable aocommodation.

  1. A request by an applicant for reasonable  accommodation    relating to land yse Qr zoning   rules. policies. practiceS andlor procedures may be made orally or  in writing. The Department will assist the applicant .with fyrnlshing the Department all information necessary for processing the reasonable   accommodation    regyest, including that Information which the Department deems necessary to complete a reasQ[lIble     accommodation request.

 

  1. The Department will provide the assistance necessary to an applicant In making a   request   for  reasonable  accommodation. The  Department will  provide the assistance necessary to any apPlicant   wl,blng to appeal a dpnial of a request for

reasonable accommodation to ensure the process is accessible to the applicant. The  applicant is entitled  to  be  represented at all stages of the  proceedings identified In this chapter bv a person desIgnated   by the applicant.

 

18.90.060  – Medical Information.

 

  1. Should the Information provided by  the !Dpllcsnt  to the  Department include medical             information or records of the applicant Including records lodfcating the medical     oondltlon. df@gnosis  or roltdlcal history of the applicant.  the applicant may.      at  the  time  of  sybmitting  such  medical  information. request that  the department.  to ~he extent allowed bv law. treat  such medical information   as confldentlallnformatlon  of the applicant.
  2. Medical .Informatlon.  The Department shall provide written notice tQ the applicant of  any  reguest  received  by  the  Department   for  disclosure  of  the medical information         or documentation which the applicant has previously requested   be trpt§d        as  confidential by the  Department   The  Department  will cooperate  wjth the appUcant.  to the extent al!owed by law, in actions loltlated by the applicant to QRpose the disclosyre of sych  medical Information   or documentation.

 

18.90.070  – Application requirements.

 

  1. The applicant shall submit a request for reasonable  accommod@tion  in a form acceptable   to  the  Department.  The  appllcatloo shall include the  following information:                   .

 

1, The applicant’s name. address and wlephone  number:

 

  1. The address of the property for which the reouest Is being made:

 

  1. The name and address of the property owner. and the owner’s written consent to the application:
  2. The current actual use of the propertY;

 

  1. The basis for the claim that the individual is conslde@d  disabled ynder th~ fair housing laws; identification and de8cription   of the dlspbility which is the basis for  the  request for  accommodation.    Including current. written medical   certifICation and description of disability and Its effects on the person’s medical. phY§ical  or mental.limHations:

 

  1. The rule. policy, practice andlar procedure of the city for which the request for aocommodation is being made. Inclyding  the zoning code regulation from whrch reasonable accommodation    is being reaYested:

 

  1. The lvpe of accommodation sought:

 

  1. The reason’s) why the 5!ccommodatlon  is reasonable and necessary for the         needs  of  the  disabled  person(s). Where  appropriate. include  a summary  of any poteotlal  means and alternatives  considered  In evaluating the need for the accommodation:

 

  1. Copies of memoranda. corresDOOdence.  pictures, pliOS or other background     information    reasonably    necessary    to   reach   a   decision regarding the need for the accommodation:    and

 

  1. If the project for  Which  the reasonable accommodation    is being requestgd  also requires some other discretionary permit per this title or Title 16 (Subdivisions).

then the reasonable accommodation request  shall be acted on before proceeding

with the public he~ring for the discretional,! permit applications.

 

18.90.080 -.Jurisdiction.

 

  1. The communltv dev§lopment director shall have the authority to consider and act
on  requests for reasonable accommodation. When a  request for  reasonable
acoommodation is  filed with the department. It  wlfl   be  referred to   the

director/designee for  review and  consideration. The  community development

director shall issue a written determination within thirty (30)  days of the date· of receipt of a completed application and may (1) arant the aocommodatjon   request.

or (2) deny the request. in accordance with federal law. Any such denial shall be In writing and shall state the grounds therefore. All written determinations   shall give  notice  of  the  right  to  appeal  and  the  right  to  request   reasonable

accommodation In the appeals process. The notice of ~eterminatlon  Shall be sent

to the applicant by certified mall. return receipt  requested  and by regular maU.

 

  1. Requests for  Additional   InformatIon.  If  reasonably  neoessary  to  reach  a determination      on    the    request      for    reasonable    accommodation.    the

 

director/designee may. prior to the end of said thirty (30) day period, request additional information from the applicant specifying in detail what information is required.  The applicant ,hall  have fifteen (15) days after the date of the request for additional Information to proylde the reQyested  Information. In the event a request for addRlona! Information is made. the thlrtv (30) day perjod to Issue a written demnn1nation shall be  stayed. Tbe  Community pevelopment Director shall Issye a written  determination within  thirty (30)  days after receipt of the additignal information. If the applicant falls to provide the requested additional Information within said fifteen  (15)    day  period. the Community Developmenl

Director shall Issue a written  detennination within thirty (30) days after expiration of said fifteen (:15.l day period.

 

18.90.090  – Findings  for roasonable accommodation.

  1. A determination on the following findings shall be made before any action is taken to approve or deny a request for reasonable   accommodation    and must be incorporated          Into the record relating to sych approval or denial:

 

  1. Whether the housing that  Is the subject of the reqyest for reasonable accommodation will be  used by one or more persons with disabilities protected underfed,ral  fair housing   laws:

 

  1. Whether the accommodation regyested may be necessary  to afford one or more          persons  with disabilities  equal opportunity to  yse  and  enloy  a specific dwelling:

 

  1. Whether the  requested  accommodation woyld  reqyire  a fundamental alteration to the city’s zoning scheme:
  2. Whether the requested accommodation would Impose undue financial or
  • dmlnistratlye burdens on the city.

 

  1. A request for a reasonable accommodation shall not be denied for reasons  which violate the provisions of the Fair Housing Act. This ordinance does not obligate the city to grant any accommodation request unless required by the provisions  of the Fair Housing  Act or applicable California  state law.

 

18.90.190 – Appeals.

 

  1. The gpplicant may apPeal the decision within thirty (30) days of the date the maDlnA of the decision to the applicant.
  2. Appeals shall contain a statement of the grounds for the appeal.
  3. If an applicant needs assistance ;n appealing a decision. the department will provlste the assistance necessary to ensure  that the appeal process Is accessible to  the applicant. All applicants are entitled to be represented at all stages of the appe,:,,1proceeding    by a person designated   by the applicant.
  4. Appeals shall be to the City Coyncil who shall hear the matter and render a determination 8S soon as reasonably practicable. but In no event later thin thirty (30) days after  an  appeal has been filed. All  determinations on  appeal shall address and be based upon the findings identified In Section 18.90.090 and shall be consistent with the Fair Hpusing  Act.

 

  1. An applicant may request reasonable accommodation in the procedyre by which an appeal will be conducted.

 

18.90.110 M    Fee,

 

Tbere §hall be  no  fee  imposed in  conneqtlon  with  a  request for  reasooabig accommodgllQn under the provisions  of this’ chapter or an appeal of the decision. Nothing in this chapter obligates  the city to pay an applicant’s attorney fee.

18.90.120 – Stay of enforcement.

 

While an application  for reasonable  accommodation  or appeal of said application   is pending before the city. the city will not enforce the subject zoning ordinance against the applicant.

 

 

 

SECTION  3  EFFECTIVE  DATE

 

The effective date of this ordinance  is 10 days after this Ordinance is adopted.

 

This Ordinance was introduced  and the title thereof read at the regular meeting of the City Council on April  11, 2017,  and the second reading was waived at the regular meeting of the City Council on April 25. 2017.

 

PASSED  AND ADOPTED  by the City Council of the City of Chowchilla this 25th day of

April. 2017 by the foltowing vote to wit:

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