754 42 U.S.c. S 3604(a); City ofEdmonds U. Oxford House, Inc., 514 U.S.725, 729 (1995); Project. Lifeu. Glendening, 1391 F. Supp. 703,710 (D. Md. 2001), affd: 2002) WL: 2012545 (4th Cir. 2002); Cal. Gon'tv. hatp/ww.disablivytighsaarg/nems2oisensaboutuipogo8iokasoabiekceAeommolationsclea 777 Titlel II ofthe ADA, Section 504 oft thel Rehabilitation. Act of1973, as well as the California Unruh Civil 781 Nisen, Fred, Schur, Dara L., and Cole, Tomasine. "Creating ay reasonable accommodation ordinance that htp/www.lisablivyightscaogynespoiskemaboutUwpoisosioReasyathieAcommoationsclean 79 See, e.g., USe exrel. Antt-Diserimination: Center of1 Metro New York, Inc. U. Westchester County, NY, 80 42 U.S.C. 3608(e)(5);. 24 CFRS5.154 (b); 42 U.S.C. SS 5304(b)(2), SdgBhupONOA.ere htps/Pwwwlacdcoryppgamyfcmmunidesbpmatt-caan/Pansand: reperts/assessment-oairhousing/community-meetings; PPaiyepaep 83'Trends identified by a review by Public Counsel attorneys of! pablidyavalablezoning: codes and 84 Compliance estimates are estimates only and based upon analysis of] publicly availablei information as of 85 Los Angeles Homeless Services. Authority, 20171 Homeless Count Results- -Los Angeles County,found: at htps/owlhsaor/dor/pamemspd-sgs-loumészcoamtaoroanbpwideresuitspic: 86 Santa Clara County Code of Ordinances 54 4.10.115. County-authorized" meanst that thei facilityi is 87 Santa Clara County Code of Ordinances $ 4.10.115. These accessory use: small: scales shelters havea limited duration of stay, require on-site staffing and written notice of operation toi thel Planning Office. 88] Incidental: shelter is defined as) providing shelteri inside an assembly building as ani incidental uset to an existing primary assembly use, which occupies less than 50% of the usables square footage oft the: assembly httpil/saniosegranicus.comMetavetaViewer.php'view. id-&event id=2690&meta id=643038 Phtp:l/saniosagranicuscom/AetaViewerphp?view id-&event id=26908meta id-643038, p.6. whtplamericantinyhpasgciatiomogamueasenhypbllayéwavesttelatebuildingode-for 941 Memorandum from. Jacky Morales-Ferrand, Director, San. Jose Housing) Department tol Mayor rand City Council of San. Jose, October 4, 2016, Workplan for AB2176: Emergency Bridge Housing Communities, 95h htp:lameriteantinyhousasociationorgamjoeasemhypbal27bwaversiate-building-code-tor- Vhtp/ameriantinyhousasdmtonoryamjoeasemhylal-ayboahversate--bul.ling.code-for 98h htp//wsgtunews.om/patun.dalynew/aride.cgsasse-eib8ebba4g0.htm! htp/Pwww.seatlegoypaPaul/e/gapsowppm/epan/loaumemts/eh.momatiomationa/s020628pdt: 102 nttp://www.seattleimescom/seatle-news/poiticsyeatles-teeny-response-to-iny-houses-for-the-  Code S 12955(1). ringHouse.htm Rights Act. ngHouse.htm. I(d)(16) development March 2017.  protects people with disabilities." Disability Rights California,. August 10, 2015,  6681 F. Supp. 2d 548,569 (2009). 8180 Fed. Reg. 42,272, 42,309 (preamble).  Housing Elements in 88 cities in Los Angeles County in March: 2017.  operating undera a valid CUP.  building. See the draft ordinance at:  90 Id.at3. 91 Id. at 6-7.  92 Los Angeles Mun. Cnde51400h.AO). tiny-houses-for-the-homeless)  available at ympaaEwDCaeVPS  ylouerople-omes, 960 Cal. Gov'tCodes $8698. ylorerti-lomae,  99 City of Seattiel Encampment Ordinance,foundat  100 http//Crosscut.com/201705peatie-someles-bule-more-tiny-homes/, 101 tp/wwcurbed.com/mapyyhouses-orthe-homeles. 103 htp/emsautom/070eansbuldmoretny-home, 104h htp://crosscut.com/201705/eatlelomeles-hule-more-tiny-homes,  homeless/.  @: 2017 Public Counsel  33    105 htp/waxthegardano-amwpouauiasmesatle 106 http/wwwlatimes.om/bca/caliommia/ae-me-homeles-saleparknga0150504story,atmi, 1D8 htp/wwlatimscom/elomalasatpmtineangaonsosogsoght htp/servicessantabarthaneagw/CAt/MGIs3S8/AS936/A533659/5.33659/A197320/D01373 109 hmg/adblabom/aourampaniaaghahaumrasthanenfolar-lomass xo htp/Nwlatimescomltemilemelomayat-yatigegaonsosoestoyatn "http/lelreplacitydoa/o01/5-138-Lmise_03-21-2016.pdf 11 htps//wwwlahsaorgocmemsd-vosg40y,lomal-sroumatrasulbehidesannd-encampments 1131 Desertrain U. CwyoLos.ngelas,754, Fsing,ygtdr.w. 1141 hty/wwwhatimescom/pal/amowlamelnelde-liepaglan2on6i0gastoy.hatn 115 sp/earplciyaraminnseSsnRIAISASR0-TPNT 16The California Community Care Facilities Act exempts supportive housing meeting certain characteristics from statel licensing requrements, including being affordable, offering independent! living, offering its own lease to each resident, and there are no limits on length of stay. Health & Safety Code 117 Inl March 2017, Corporation for Supportive Housing ("CSH")and Public Counsel conducted an online survey of nonprofit organizations developing and siting supportive housing, transitional housing and emergency shelters throughout Los Angeles County in order to determine the extent to which cities are  http://Sbabcc-org/sate-parking 107 http://Sbabec.orgysate-parking 77/D0_137377pdf santa-barbara/481623 bygeographicarapd:  $1504-5-  affirmatively advancing these uses int their zoning codes. There were: 281 responses.  This guide was produced byt the Community Development Project at Public Counsel. Public Counsel ist the nation'slargest: not-for-profit law firm ofi its kind with a 40-year track record of fighting for the rights of children and youth, persecutedi immigrants, militaryveterans, nonprofit organizations, and small businesses. Its Community Development Project builds foundations for! healthy, vibrant, economically  O: 2017 Public Counsel  34    stable communities by providing legal and capacity building services to community-based organizations int the Los Angeles area and supporting the development and preservation of affordable and supportive  homes throughout Southern California.  uopublicounselonypactiszena/emmumitg/_deuvelopment  Authors  Greg Bonett, Public Counsel Shashi Hanuman, Public Counsel Antonio Hicks, Public Counsel Dat Phan, Public Counsel Nisha Vyas, Public Counsel Contributors PatrickAnderson, Esq. Millay Kogan,J.D., UCLA School ofLaw Heidi Liu, J.D. candidate, UCI Berkeley School of Law Annel Marquit, Public Counsel Elyssa Pak, J.D. candidate, Stanford Law School Brett Richter, J.D. candidate, UCLA School of] Law  Neiloofar Sajedi, J.D. candidate, University of California Hastings College of the Law  Disclaimer  This guide was] prepared by) Public Counsel's Community Development Project in October 2017 andi is meant to provide general information. This document is not all-inclusive: andis noti intended to provide anyi individual or entity with specificl legal advice. For more detailedi information, readers are encouraged to obtain legal advice from their own legal counsel or contact Public Counsel's Community Development  Project intake line at (213)3 385-2977 ext. 200.  @: 2017 Public Counsel  35    STATE. LICENSED RESIDENTIAL CARE FACILITY TYPES  The Senior Care Licensing Program licenses andi monitors Residential Care Facilities for the Residential Care Facilityfori the Elderly: Residential care facility for the elderly (RCFE) means a housing arrangement chosen voluntarily by persons 60 years of age or over. or their authorized representative, where varying levels and intensities of care and supervision,prolectlve supervision, or personal care are provided, based upont their varying needs. as determined in order to be admitted andi tor remain in the facility, RCFES are: aiso referred to as assisted living facilities and board and care facilities. Persons under 60 years of age with compatible needs may be allowed to Continuing Care Retirement Community (CCRC): A Residential Care for the Elderly facility that offers a long-term continuing care contract that provides for housing, residentialservices, and  Elderly and Continuing Care Retirement Communities.  be admitted or retained in an RCFE, if certain conditions are met.  nursing care,usually in onei location, and usually for a resident's lifetime.  The Adult Care Licensing Program licenses and monitors Adult Day Programs, Adult Residential Facilities, Social Rehabilitation Facilities, Residential Care Facilities for fhe Chronically #, and Enhanced Behavioral Support Homes for adults. Aduit Day Program(ADP): A community-based less than 24-hour program that provides activities and services to persons 18 years of age or olderwho need or prefer a supervised: setting. Adult ResidentialFacilityl (ARF):A A residential home for aduits ages 181 through 59 with mental health care needs or who have physical or developmental disabilities and require or prefer Residential Care Facilityt for1 the Chronicallyl I: A1 facility that provides care and supervision to adults who have at terminal iliness, Acquired Immune Deficiency Syndrome (AIDS) or the Fiuman Sociall Rehabilitation Facility: A1 facility that provides 24-hour-a-day non-medical care and supervision in ag group setting to adults recovering frommental illnesses who temporarily need  assistance with care and supervision.  mmunodeliciency Virus.  assistance, guidance, or counseling.  The Children' 'sl Residential Program has regulatory oversight of licensed facilitieso caring for minors, age Othrough 17and non-minor dependents age 18 through 21 in out-of-home care. Foster FamilyHome (FFH): Alicensedi home that provides services for children who may have been abused, neglected or abandoned. Care and supervision is provided ini the licensee'sown Group Home (GH): A1 facility that provides 24-hour care to childreni in a structured environment. Children in group homes are under courtjurisdiction due to violations ofi law or as dependent children removedi from their homes because of abuse, negleci or abandonment.  home.  aver    Runawaya and Homeless Youth Shelter: As shelter that provides voluntary, short-term, shelter and Sma!! Family Home: A home that provides 24-hour care in the licensee's own home for six or fewer children who are mentally, developmentally or physically disabled, and who require special care and  personal services to runaway youth or homeless youth, ages 131 to17.  supervision as a result of these disabilities.    ORDINANCENO.360  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRADBURY AMENDING THE BRADBURY MUNICIPALCODETODEFINE AND ADD REGULATIONS FOR RESIDENTIAL CARE FACILITIES AND SUPPORTIVE AND TRANSITIONAL HOUSING, ADD A NEW DEFINITION OF MULTI-FAMILY DWELLINGS, AMEND THE ACCESSORY LIVING QUARTERS DEFINITIONS AND REGULATIONS, AND ADD REASONABLE ACCOMMODATION PROCEDURES FOR  DISABLED PERSONS  WHEREAS, the Califoria Government Code requires cities and counties to include a Housing Element as part of their General Plan and that the Housing Element be periodically updated to reflect goals, policies, and programs that are designed to demonstrate that the City is responsiblypaticpating; int the achieving ofthe State'shousing: goals ofearly attainment of decent  housing and a suitable living environment for every California family; and  WHEREAS, the City of Bradbury adopted its most recent Housing Element Update in 2014and obtained certification oft the Update from the State ofCalifornia Housing and Community Development Department with goais, policies, and programs that stipulate code amendments to  make available inclusionary and diversified types ofhousing in the City; and  WHEREAS, the Planning Commission conducted dulynoticed publicl hearings to consider the changes adopted herein, and on May 23, 2018, adopted Resolution No. PC 18-275, a Resolution of the Planning Commission of the City of Bradbury, California, setting forth the findings of fact and a decision to recommend to the City Council approval of Development Code amendments and a General Plan amendment in accordance with the programs and policies oft the Housing Element with an exemption under the California Environmental Quality Act(CEQA).  THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY DOES Section I. Section 9.25.020 ofTitlel IX, Part III, Chapter 25 of the Bradbury Development Code of the. Bradbury Municipal Code is hereby amended by adding the following definitions:  ORDAIN AS FOLLOWS:  See.9.25.020. - Definitions.  ***  Guest house means living accommodations that do not include complete kitchen facilities  for guests and visitors oft the occupants oft the main and/or second dweiling units.    ***  Multi-Family. Dwelling means a detached building oftwo or more attached accessory living  quarters as defined herein. ***  Pool house means living accommodations in conjunction with a swimming pool that do not include complete kitchen facilities for guests and visitors of the occupants of the main and/or  second dwelling units. ***  Residential Care Facility, Large means any State licensed facility, place, or structure that isi maintained and operated to provide non-medical residential care, day treatment, adult day care, supportive or transitional housing, or foster agency services for seven or more adults, children, or adults and children, as defined in the California Heaith and Safety Code $ 1502.  ***  Residential Care Facility, Small means any State licensed facility, place, or structure that isI maintained and operated to provide non-medical residential care, day treatment, aduit day care, supportive or transitional housing, or foster agency services for six or fewer adults, children, or adults and children, as defined in the California Health and Safety Code $ 1502.  ***  Second dwelling units means attached or detached dwelling units that include complete  kitchen facilities. ***  Single-room occupancy (SRO) building means an accessory building used primarily for multi-tenant single-room occupancy, containing two or more single-room occupancy units with a  shared kitchen, and shared or private bathrooms.  ***  Section2. Section 9.25.020 ofTitle IX, Part III, Chapter 25 ofthe Bradbury Development Code oft the Bradbury Municipal Code is hereby amended by amending the following definitions  tor read as follows: ***  2  Ord. No. 360    Accessory living quarters means living quarters in addition to the main dwelling unit and includes single-room occupancy units (SROs), and multi-tenant single room occupancy buildings as living accommodations that may be provided to house personnel involved in the care and maintenance oft the primarydwelling, the premises in general, or the associated on-site agricultural and/or equestrian activities, and which are occupied by the same tenants for an uninterrupted period ofnot less than 28 days. SROs are also known as servant or domestic employee quarters,  bunk houses, or groom's quarters.  ***  Single-room occupancy. (SRO) uit means ai room ofnot more than 250 square feet offloor area, without al kitchen, with or without a toilet, and occupied by not more than two occupants for  living and sleeping. ***  Section3 3. Section 9.25.020 ofTitle IX, Part III, Chapter 25 oft thel Bradbury. Development Code ofthe Bradbury Municipal Code is hereby amended by deleting the definition of Detached  living quarters.  Section 4. Sections 9.61.020, 9.64.020, 9.67.020, 9.70.020, and 9.73.020 of Title IX, Part V, Chapters 61, 64, ,67,70, and 73 ofthel Bradbury Development Code ofthel Bradbury Municipal  Code are hereby amended to read as follows: Sec. 9.61.020. - Permitted uses.  No person shall use, nor shall any property owner permit the use of any lot classified in  any. R-7,500 zone for any use, other than the following:  (I)Principal uses. a. One single-family dwelling. b. Open spaces. (2).A Accessory uses.  c. Small residential care facility (six or fewer residents). d. Supportive and transitional housing. a. Accessory buildings or structures.  b. Accessory living quarters as specified in Chapter 85 oft this title.  C. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush  crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there bej permitted any retail sale from the premises or advertising signs ofany  nature.  d. The keeping of animals as specified in Chapter 124 oft this title.  e. The storage of building materials during the construction of any building or part  thereof, and for aj period of30 days after construction is completed. The temporary use ofp portable prefabricated metal storage containers is permitted until construction is completed.  f.N Not to exceed one home occupation. g. Private garages and carports.  3  Ord, No. 360    h. Open spaces.  i.N Manufactured housing units to include mobile homes that comply with the State  Housing Code and the City's design guidelines are permitted when installed on a permanent  foundation.  j.s Supportive and transitional housing. (3)Conditional uses. a. Land reclamation.  b. Large residential care facility (seven or more: residents).  Sec. 9.64.020, - Permitted uses.  No person shall use, nor shall any property owner permit the use of any lot classified in  any R-20,000. Zone for any use, other than the following:  (I)Principal uses. a. One single-family dwelling. b. Open spaces. (2). Accessory uses.  c.S Small residential care facility (six or fewer residents). d. Supportive and transitional housing. a. Accessory buildings or structures.  b.A Accessory living quarters as specified in Chapter 85 oft this title. C. (Reserve for accessory dwelling units as required by state law.)  d. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush  crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs ofany  (  nature.  e. The keeping ofanimals as specified in Chapter 124 oft this title.  f. The storage of building materials during the construction of any building or part  thereof, and for a period of 30 days after construction is completed. The temporary use ofp portable prefabricated metal storage containers is permitted until construction is completed.  g. Not to exceed one. home occupation. h. Private garages and carports. i. Open spaces.  J. Manufactured housing units to include mobile homes that comply with the State  Housing Code and the City's design guidelines are permitted when installed on a permanent  foundation.  k. Supportive and transitional housing.  (3) Conditional uses. a. Land reclamation.  b. Large residential care facility (seven or more residents).  Sec. 9.67.020. - Permitted uses.  No person shall use, nor shall any property owner permit the use of any lot classified in  any A-1 zone for any use, other than the following:  (1) Principal uses.  4  Ord. No. 360    a. One single-familydwelling b.C Open spaces.  c. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush  crops, or vegetable or flowèr gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs ofany  nature.  d. Small residential care facility (six or fewer residents). e. Supportive and transitional housing. a. Accessory buildings or structures.  (2) Accessory uses.  b.A Accessory living quarters as specified in Chapter 85 oft this title. C, (Reserve for accessory dwelling units as required by state law.)  d. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush  crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises ora advertising signs ofany  nature.  e. The keeping of animals as specified in Chapter 124 oft this title.  f. The storage of building materials during the construction of any building or part  thereof, and for a period of30 days after construction is completed. The temporary use of portable prefabricated metal storage containers is permitted until construction is completed.  g. Not to exceed one home occupation. h. Private garages and carports. i. Open spaces.  j.N Manufactured housing units to include mobile homes that comply with the State  Housing Code and the City's design guidelines are permitted when installed on a permanent  foundation.  k. Supportive and transitional housing.  (3) Conditional uses. a. Land reclamation.  b.1 Large residential care facility (seven or more: residents).  Sec. 9.70.020. - Permitted uses.  No person shall use, nor shall any property owner permit the use of any lot classified in  any A-2 zone for any use, other than the following:  (1) Principal uses. a. One single-amlydweling. b. Open spaces.  C. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush  crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signs of any  nature.  d. Small residential care facility (six or fewer residents). e. Supportive and transitional housing. a.A Accessory buildings or structures.  (2) Accessory uses.  5  Ord. No. 360    b. Accessory living quarters as specified in Chapter 85 oft this title. C. (Reserve for accessory dwelling units as required by state law.)  d. Nursery stock, orchards, vineyards, the raising of field crops. tree, berry and bush  crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there bej permitted anyretail sale from the premises or advertising signs ofany  nature.  e. Thel keeping ofanimals as specified in Chapter 124 of this title.  f. The storage of building materials during the construction of any building or part  thereof, and for a period of30 days after construction is completed. The temporary use ofp portable prefabricated metal storage containers is permitted until construction is completed.  g. Not to exceed one home occupation. h. Private garages and carports. i. Open spaces.  j.M Manufactured housing units to include mobile homes that comply with the State  Housing Code and the City's design guidelines are permitted when installed on a permanent  foundation.  k. Supportive and transitional housing.  (3) Conditional uses. a. Land reclamation.  b. Large residential care facility (seven or more residents).  Sec. 9.73.020. - Permitted uses.  No person shall use, nor shall any property OWner permit the use of any lot classified in  any A-5 zone for any use, other than the following:  (1) Principal uses. a. One single-family dwelling. b. Open spaces.  C. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush  crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor: shall there be permitted anyretail sale from the premises or advertising signs sofany  nature.  d. Small residential care facility (six or fewer residents). e. Supportive and transitional housing. a. Accessory buildings or: structures.  (2) Accessory uses.  b. Accessory living quarters as specified in Chapter 85 oft this title. C. (Reserve for accessory dwelling units as required by state law.)  d. Nursery stock, orchards, vineyards, the raising of field crops, tree, berry and bush  crops, or vegetable or flower gardening; provided that no roadside stands, or sales offices shall be permitted, nor shall there be permitted any retail sale from the premises or advertising signsofany  nature.  e. The keeping of animals as specified ins prnt oft this title.  f.3 The storage of building materials during the construction of any building or part  thereof, and for a period of 30 days after construction is completed. The temporary use of portable prefabricated metal storage containers is permitted until construction is completed.  6  Ord. No. 360    g. Not to exceed one home occupation. h. Private garages and carports. i.Open spaces.  j.M Manufactured housing units to include mobile homes that comply with the State  Housing Code and the City's design guidelines are permitted when installed on a permanent  foundation.  k. Supportive and transitional housing.  (3) Conditional uses. a. Land reclamation.  b.L Large residential care facility (seven or more residents).  Section 5. Section 9.49.020 ofTitle IX, Part IV, Chapter 49 ofthel Bradbury Development  Code oft the Bradbury Municipal Code is hereby amended to read as follows:  Sec. 9.49.020, 4 Applicability.  The following uses shall be permitted in any zone provided that a conditional use permit shall first be obtained pursuant to the provisions of the chapter. The purposes of any conditional use permit shall be to ensure that the proposed use will be rendered compatible with other existing (I) Land reclamation. The term "land reclamation" means the grading, excavation and/or fill ofany parcel of land or tract ofl land as to which such operations are required to prepare the site for any use authorized by this Code and where there is an import or export of materials in (2). Any use which the State has mandated. as a residential use within the City but for which the City is authorized to require a conditional use permit pursuant to State law, including but not  and permitted uses located in the general area oft the proposed use.  excess of 10,000 cubic yards over aj period of 12 consecutive months.  limited to large residential care facilities.  Section 6. Chapter 85 of Title IX, Part V of the Bradbury Development Code of the  Bradbury Municipal Code is hereby amended to read as follows:  Sec. 9.85.010. - Permitted.  (1)One accessory living quarter on eachl legally created parcel oflandi in the R-7,500: zones, (2) One single-room occupancy (SRO) unit attached to the main dwelling, and one detached accessory living quarter on each legally created parcel of land in the R-20,000 zones, (3) Single room occupancy (SRO) dwelling unit(s) attached to the main dwelling, and detached accessory living quarters (including multi-family dwellings or multi-tenant single room occupancy buildings) at a density of one unit per gross acre on each legally created parcel ofland zoned A-1, A-2 or A-5, subject to the applicable development standards of the zone and this  subject to the applicable development standards of the zone and this chapter. subject to the applicable development standards of the zone and this chapter.  chapter.  Sec. 985.20.-Development standards for accessory living quarters.  7  Ord. No. 360    (1)Maximum size. Accessory living quarters shall be limited to the followingn maximums:  Single room occupancy (SRO)b building Not applicable Not applicable Three SRO units &900 sq. ft. Five SRO units & 1,500 sq. ft. Ten SRO units &2,500 sq. ft.  Second dwelling unit 1,200 sq. ft. 1,200 sq. ft. 1,500 sq. ft. 2,000 sq. ft. 2,500 sq. ft.  Guest house or pool house 1,200 sq- ft. 1,200 sq. ft. 1,500 sq. ft. 2,000 sq. ft. 2,500: sq. ft.  Zone R-7,500 R-20,000 A-I A-2 A-5  (2) Accessory living quarters are permitted only on residential lots which are developed (3)Accessory living quarters must comply with the. Bradbury Residential Code, applicable at the time the plans for the building permits for the accessory living quarters are submitted. (4) All açcessory living quarters, whether attached or detached, must conform to all setback, lot coverage, floor area, and building bulk requirements of the applicable zone, and if (5)1 The maximum allowed height for a detached accessory. living quarters unit or building (6) The owner of the property or the master lessor oft the entire property must occupy either (7)AI minimum of one on-site parking space shall be provided for each accessory living quarter, in addition to the parking requirement for the. main single-family dwelling. The parking spaces for the accessory living quarters néed not be covered, except for multi-family dwellings for which the parking spaces shall be in carports. All parking spaces shall be paved and accessible from a single, common driveway for the main and accessory units. Tandem parking is not  with a main single-family residence.  detached, must be at least 20: feet from any other building.  shall not exceed 28 feet.  the main dwelling unit or an accessory living quarters unit.  permitted to meet this off-street parkingr requirement.  Sec. 9.85.030.- - Neighborhood compatibility review; standards.  All development of accessory living quarters in excess of 400 square feet ofenclosed floor area shall be subject to the procedures for neighborhood compatibility review and approval pursuant to Chapter 40 of this title. In addition to the standards and determinations required by Chapter 40 of this title, the following findings shall be required for approval of accessory living (1)The accessory living quarter(s) will be appropriate to the size and character of the lot  quarters having an enclosed floor area in excess of 400 square feet: on which it will be located, and to the character ofthe neighborhood.  8  Ord. No. 360    (2) The accessory living quarter(s) will not overload the capacity of the neighborhood to absorb the physical and usei impacts ofthet unit(s)ir int terms ofp parking, adequacy of watera and sewer (3) The accessory living quarter(s) will not be materially detrimental to the public health, safety and general welfare, or to the use, enjoyment or valuation of property of other persons  services, traffic volumes and flows, and utilities consumption.  located in the vicinity.  Sec. 9.85.040.-1 Abatement of noncontorming uses.  No nonconforming accessory living quarter(s) may be expanded or remodeled by the addition ofany space or addition ofplumbing fixtures or cooking facilities unless it is broughti into  compliance with the provisions set forth in this Code prior to occupancy. Code is hereby amended to add a Chapter 29 that is to read as follows:  Section 7. Titlel IX, Part IV ofthe Bradbury Development Code ofthe Bradbury Municipal CHAPTER 29 - REASONABLE ACCOMMODATION PROCEDURES FOR  DISABLED PERSONS  Sec. 9.29.010. - Purpose and applicability.  (1)Purpose. The purpose of this section is to establish aj procedure for disabled persons, or theirrepresentatives, to1 request a reasonable accommodation from the City'szoning laws, building codes, and land use regulations, policies, and procedures to provide disabled persons with an (2) Who may apply. A request for a reasonable accommodation may be made by any disabled person, his or her representative, or a developer or provider of housing for disabled persons, when the application of a zoning law, building code provision, or other land use regulation, policy, or practice acts as a barrier to a disabled person's equal opportunity to use and (3) What can be requested. A request for a reasonable accommodation may include a modification to or exception from the rules, standards, or practices for the siting, development, or use ofhousing or housing related facilities, to allow a disabled person an equal opportunity to use and enjoy housing in accordance with the fair housing laws. Requests for a reasonable  opportunity to use and enjoy housing equal to that ofnon-disabled persons.  enjoy housing.  accommodation shal! be made in the manner prescribed by this Chapter.  Sec. 9.29.020. : Reviewing authority.  (I) A request for a reasonable accommodation shall be reviewed by the City Manager or the Cityl Manager's designee, unless iti is related to a discretionary land use application for the same site areai thatrequiresi review! by the Planning Commission, in which case the Planning Commission shall be the reviewing authority. The Cityl Manager may, in his or her discretion, refer applications (2) Variance not required. Where the improvements or modifications approved through a request for a reasonable accommodation would otherwise require a variance, a variance shall not  to the Planning Commission for consideration.  be required.  9  Ord. No. 360    Sec. 9.29.030. - Review procedure.  (I)City Manager review. The City Manager, or designee, shall consider an applicationand issue a written determination. Atl least ten calendar days before issuing a written determination on the application, the City Manager shall mail notice to the applicant and adjacent property OWners that the City will be considering the application, advising of the standards for issuing an accommodation, and inviting written comments on the requested accommodation. (2) Planning Commission review. The processing procedures for the discretionary land use application before the Planning Commission shall govern the processing of the request fora reasonable accommodation. If the reasonable accommodation is referred to the Planning Commission by the City! Manager and there isi no other discretionary: application, then the Planning Commission shall hold a public hearing within 45 days after the application is deemed complete and shall issue a written determination within 60 calendar days after such public hearing. Written notice ofal hearing to consider the application shall be mailed ten calendar days prior to the meeting (3) Ability to require additional information. If the reviewing authority believes that additional information is necessary to reach a determination on any request for a reasonable accommodation, then the: reviewing authority may request further information from the applicant. The reviewing authority's request shall specify in detail the requested information. In thé event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant fully responds to the request for information. If an individual needs assistance in submitting the application for a reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. The applicant and the City mayagree  to the applicant and adjacent property owners.  at any time to extend the time period(s) set forth in this section.  Sec. 9.29.040.-A Application submittal.  Notwithstanding any other requirements of this section, a request for a reasonable accommodation shall be made on a form supplied by the City and shall include the following (1)The applicant's or representative's name, mailing address, daytime phone number, and (3)The specific code section, regulation, procedure, or policy oft the City from which relief (4)AS site plan or illustrative drawing showing the proposed accommodation, ifa applicable; (5) An explanation of why the specified code section, regulation, procedure, or policy is denying, or will deny a disabled person equal opportunity to use and enjoy the dwelling; (6) The basis for the claim that the fair housing laws apply to the applicant and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence; (7)A detailed explanation ofwhyt the accommodation is reasonable andi necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling; and (8) Any other information required to make the findings required by Sec. 9.29.050 ofthis  information:  email address, ifapplicable;  (2) The address oft the property for which the request is being made;  iss sought;  section consistent with the fair housing laws.  10  Ord. No. 360    (9) A reasonable accommodation does not affect or negate an individual's obligation to complywith other applicable regulations that are. not the subject oft the requested accommodation. (10) No application fee shall be required to process an application for a reasonable accommodation pursuant to this section. However, application fees shall be required for any concurrent development application and any other permits that may be required to construct or (11) While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and  otherwise implement the reasonable accommodation.  effect.  Sec. 9.29.050. - Findings and conditions ofa approval.  Required findings. The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of (1) The dwelling that is the subject of the request for reasonable accommodation will (2) The requested accommodation is neçessary to provide a disabled person with an (3)The requested accommodation will noti impose an undue financial or administrative (4)Thei requested accommodation will not require ai fundamental alterationi to the City's  the following findings can be made: be occupied by a disabled person;  equal opportunity to use and enjoya a dwelling; burden on the City, as defined in the fairl housing laws; and  zoning or building laws, policies, and/or procedures, as defined in the fair housing laws, In considering whether tbe accommodation would require such a fundamental alteration, the  reviewing authority may consider, among other factors:  (a) Whether the requested accommodation would fundamentally alter the character (b) Whether the requested accommodation would. result in a substantial increase in (c) Whether the requested accommodation would substantially undermine any (d) Whether the requested accommodation would create an institutionalized  ofthe neighborhood; traffic ori insufficient parking;  express purpose ofe either the City's General Plan or an applicable specific plan; and  environment due to the number of, and distance between, facilities that are similar in nature or  operation.  Sec. 9.29.060.- - Decision.  ()Thereviewing: authority's written decision shall seti forth the findings and any conditions ofapproval. The decision and notice ofthe right to appeal shall be mailed to the applicant, and to any person having provided written comment on the application. The approval of a reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with fhe purposes of this section or the General Plan, or are appropriate to protect the public health, safety, or welfare. The reviewing authority may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent tot that provided by the specific accommodation requested by the applicant, where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area. The  11  Ord. No.360    written decision of the reviewing authority shall be final, unless appealed or ordered for City Council review in the manner set forth. in Chapter 16 ofthis Development Code. (2) Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall record a covenant in the County Recorder's Office, in a form approved by the City Attorney, acknowledging and agreeing to comply with the terms and conditions ofthe approved reasonable accommodation. A reasonable accommodationi is granted to an individual(s) and shall not run with the land, unless the City Manager finds, at the time of approval of the accommodation, that the modification is physically integrated with the  structure and cannot feasibly be removed or altered.  Sec. 9.29.070. - Expiration and discontinuance.  (I) Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within 12 months from the effective date of the approval, or at an  alternative time specified ini the approval, unless:  (a). A building permit has been issued and construction has commenced; (b) The right granted by the accommodation has been exercised; or (c). A time extension has been granted by the City Manager.  (2) Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted byi iti is discontinued for 180 consecutive days. In addition, ifthe disabled person for whom the reasonable accommodation was granted vacates the residence, the reasonable accommodation  shall remain in effect onlyif:  (a) The City Manager determined pursuant to Sec. 9.29.060 that the reasonable (b) Another disabled person who requires the accommodation to have an equal  accommodation shall run with the land, or  opportunity to use and enjoy the dwelling now occupies the dwelling. The City Manager may request that the person seeking to retain the accommodation provide documentation that the occupants are disabled persons and the existing accommodation Is necessary for them to have an equal opportunity to use and enjoy the dwelling. Failure to provide such documentation within ten days of the date ofai request by the City shall constitute grounds for discontinuance by the City of  aj previously yapproved reasonable accommodation.  Sec. 9.29.080.-. Revocation or modification.  (1) If the City Manager determines that evidence could be presented to the Planning Commission that may support grounds for revocation or modification of an approved reasonable accommodation, and the City Manager believes that the Planning Commission may find that such evidence is adequate to support revocation orn modification ofthe reasonable accommodation, then the City Manager may initiate a1 revocation proceeding before the Planning Commission. (2) Upon initiation of a revocation proceeding, the Planning Commission shall hold a public hearing regarding the possible revocation or modification of the reasonable accommodation. Notice of such hearing shall be provided in the same manner as the notice required to be provided in Sec. 9.29.030. The Planning Commission, after such hearing, may revoke or modify the reasonable accommodation ifthe Planning Commission determines that:  12  Ord. No. 360    (a)There has been a change in the disabled person's use oft the property or need for the (b) The application, or other information presented to the City in conjunction with the (c)Any ofthe conditions or terms ofsuch approval are violated, or any law or ordinance (3) Upon revocation of the reasonable accommodation, the property shall be brought into compliance with any zoning regulations or other laws, policies, or procedures from which a  reasonable accommodation that negates the basis for the approval of the reasonable  accommodation;  request for a reasonable accommodation, included false information; or  is violated in connection therewith.  deviation was granted to allow the reasonable accommodation.  Section 8. CEQA. The City Council hereby determines that this Ordinance ise exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.), pursuant to Section 15061(b)(3) under the general rule that CEQA does not apply to activities which can be seen with certainty to have no effect on the environment. Section 9. Severability; Continuation ofProvisions. Ifany seçtion, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clausès or phrases ofthis Ordinance. The City Council of the City of Bradbury hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereofbe declared invalid or unenforceable. To the extent the provisions of the Bradbury Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new  enactments.  Section 10. The City Clerk shall certify to the adoption oft this Ordinance.  PASSED, APPROVED and ADOPTED this day of  2018.  Richard G. Barakat Mayor  ATTEST:  Claudia Saldana City Clerk  13  Ord. No. 360