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Tulare, CA Code of Ordinances
CITY OF TULARE, CALIFORNIA CODE OF ORDINANCES
FREEHOLDERS’ CHARTER OF THE CITY OF TULARE
TITLE 1: ADMINISTRATIVE
TITLE 2: BOARDS AND COMMISSIONS
TITLE 3: FIRE REGULATIONS
TITLE 4: BUILDING REGULATIONS
TITLE 5: BUSINESS REGULATIONS
TITLE 6: POLICE REGULATIONS
TITLE 7: HEALTH AND SANITATION
TITLE 8: PUBLIC WAYS AND PROPERTY
TITLE 9: TRAFFIC
TITLE 10: ZONING
CHAPTER 10.04: ORDINANCE
CHAPTER 10.08: GENERAL PROVISIONS
CHAPTER 10.12: ADMINISTRATION
CHAPTER 10.16: PUBLIC HEARINGS
CHAPTER 10.20: APPEALS
CHAPTER 10.24: ZONING
CHAPTER 10.26: ANNEXATIONS
CHAPTER 10.28: R-A (RURAL RESIDENTIAL ZONE)
CHAPTER 10.32: SINGLE-FAMILY RESIDENTIAL
CHAPTER 10.33: SMALL LOT RESIDENTIAL
CHAPTER 10.36: MULTIPLE-FAMILY RESIDENTIAL DISTRICT
CHAPTER 10.40: PERMITTED AND CONDITIONAL USES IN COMMERCIAL ZONES
CHAPTER 10.44: NEIGHBORHOOD COMMERCIAL DISTRICT
CHAPTER 10.48: OFFICE COMMERCIAL DISTRICT
CHAPTER 10.52: RETAIL COMMERCIAL DISTRICT
CHAPTER 10.56: SERVICE COMMERCIAL DISTRICT
CHAPTER 10.60: COMMERCIAL DISTRICT DESIGN GUIDELINES
CHAPTER 10.64: PERMITTED AND CONDITIONAL USES IN INDUSTRIAL ZONES
CHAPTER 10.68: LIGHT INDUSTRIAL DISTRICT
CHAPTER 10.72: HEAVY INDUSTRIAL DISTRICT
CHAPTER 10.76: INDUSTRIAL DISTRICT DESIGN GUIDELINES
CHAPTER 10.80: PUBLIC LANDS DISTRICT
CHAPTER 10.84: AGRICULTURAL DISTRICT
CHAPTER 10.88: URBAN RESERVE ZONES
CHAPTER 10.92: PLANNED RESIDENTIAL COMBINING DISTRICT
CHAPTER 10.96: HISTORIC PRESERVATION
CHAPTER 10.100: AIRPORT
CHAPTER 10.104: FLOODPLAIN MANAGEMENT
CHAPTER 10.108: DOWNTOWN COMBINING DISTRICT
CHAPTER 10.109: “MU” MIXED USE COMBINING DISTRICT
CHAPTER 10.112: ZONING ORDINANCE AMENDMENTS
CHAPTER 10.116: CONDITIONAL USE PERMITS
CHAPTER 10.120: SITE PLAN REVIEW
CHAPTER 10.124: HOME OCCUPATIONS
CHAPTER 10.128: VARIANCE PERMITS
CHAPTER 10.132: MINOR DEVIATIONS
CHAPTER 10.136: ADMINISTRATIVE APPROVAL
CHAPTER 10.140: ADMINISTRATIVE AGREEMENTS
CHAPTER 10.144: SECOND RESIDENTIAL UNITS
CHAPTER 10.145: TOWNHOUSES
CHAPTER 10.146: CONDOMINIUMS
CHAPTER 10.147: EMERGENCY AND TRANSITIONAL HOUSING
CHAPTER 10.148: DENSITY BONUS
CHAPTER 10.152: DEVELOPMENT AGREEMENTS
CHAPTER 10.156: NON-CONFORMING USES AND STRUCTURES
CHAPTER 10.160: FARMING
CHAPTER 10.164: HAZARDOUS WASTE MANAGEMENT FACILITIES
CHAPTER 10.168: SPECIAL USES
CHAPTER 10.172: SEXUALLY ORIENTED BUSINESS
CHAPTER 10.176: OUTDOOR DINING IN THE PUBLIC RIGHT-OF-WAY AND PRIVATE YARDS
CHAPTER 10.180: SIDEWALK VENDING AND STATIONARY MOBILE VENDORS
CHAPTER 10.184: OUTDOOR SALES OF MERCHANDISE
CHAPTER 10.188: SIGNS
CHAPTER 10.192: PARKING AND LOADING
CHAPTER 10.196: LANDSCAPING
CHAPTER 10.200: MOBILE HOME PARKS
CHAPTER 10.204: ACCESSORY STRUCTURES
CHAPTER 10.208: ENFORCEMENT
CHAPTER 10.212: DEFINITIONS
CHAPTER 10.214: ADMINISTRATIVE FINES
CHAPTER 10.218: REASONABLE ACCOMMODATION
CHAPTER 10.222: FARMLAND MITIGATION
TITLE 11: REHABILITATION ASSISTANCE PROGRAM
TITLE 12: BOND FINANCING
PARALLEL REFERENCES
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§ 10.218.030 Procedure.
   (A)   A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of Community Development Department, and shall contain the following information:
      (1)   The applicant’s name, address, and telephone number;
      (2)   Address of the property for which the request is being made;
      (3)   The current use of the property;
      (4)   The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
      (5)   The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and
      (6)   Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
   (B)   If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, site plan review, etc.), then the applicant shall file the information required by division (A) of this section for concurrent review with the application for discretionary approval.
   (C)   A request for reasonable accommodation shall be reviewed by the Director of Community Development Department or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director or his/her designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
   (D)   A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.
(Ord. 18-01, passed 2-6-2018; Ord. 16-06, passed 5-3-2016)
§ 10.218.040 Approval findings.
   The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
   (A)   Whether the housing in the request will be used by a person with a disability protected under the Acts;
   (B)   Whether the request for reasonable accommodation is reasonable and necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
   (C)   Whether the requested reasonable accommodation would not impose an undue financial, administrative or enforcement burden on the city as “undue financial or administrative burden” is defined in the Acts;
   (D)   Whether 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, as “fundamental alteration” is defined in the Acts;
   (E)   The requested accommodation complies with all other applicable City Code provisions, zoning regulations, and development standards;
   (F)   The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of other; and
   (G)   Other reasonable accommodations that may provide an equivalent level of benefit.
(Ord. 16-06, passed 5-3-2016)
§ 10.218.050 Conditions of approval.
   In granting a request for reasonable accommodation, the Director of Community Development Department or his/her designee, or the Planning Commission as the case might be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.
(Ord. 16-06, passed 5-3-2016)
§ 10.218.060 Appeals.
   (A)   Any person dissatisfied with any action of the Director of the Community Development Department pertaining to this chapter may appeal to the Planning Commission within ten days after written notice of the Director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.
   (B)   Any person dissatisfied with any action of the Planning Commission pertaining to this chapter may appeal to the City Council within ten days after the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.
   (C)   The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed has been paid.
   (D)   If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.
   (E)   After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.
   (F)   The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
   (G)   At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant.
(Ord. 16-06, passed 5-3-2016)