Chapter 18.110
GENERAL PROVISIONS AND EXCEPTIONS
Sections:
18.110.020 Accessory buildings.
18.110.090 Nonconforming uses.
18.110.110 Storage containers.
18.110.111 Emergency shelter development and managerial standards.
18.110.112 Second dwelling units.
18.110.113 Reasonable accommodation request under the Fair Housing Acts.
18.110.010 Scope.
Each and every district shall be subject to the provisions of this chapter in addition to the requirements and regulations set out in each of the district regulations. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.01), 3-11-08; Ord. 632-91 § 7.01, 10-22-91].
18.110.020 Accessory buildings.
Accessory buildings conforming to the building code of the city of Willows shall be permitted as follows:
(1) Attached Accessory Building. An accessory structure may be attached to the main building; provided, that it shall be made structurally a part of and have a common wall with the main building and it shall comply with all other requirements, including setbacks, for main buildings.
(2) Detached Accessory Buildings. Detached accessory buildings shall be located as follows:
(a) To comply with side and front yard requirements for main buildings.
(b) Three feet from the rear property line, unless the property abuts an alley. If abutting an alley, no rear setback is required.
(c) Ten feet from any property line abutting a public street.
(3) Accessory building(s) shall not be erected in any R district, unless and until the main building is erected and occupied or until a use permit is first secured. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.02), 3-11-08; Ord. 632-91 § 7.02, 10-22-91].
18.110.030 Accessory uses.
Accessory uses as defined in WMC 18.25.010 shall be permitted as appurtenant to any permitted use without the necessity of securing an administrative use permit or use permit, unless particularly provided in this chapter. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.03), 3-11-08; Ord. 632-91 § 7.03, 10-22-91].
18.110.040 Bed and breakfast.
These regulations shall apply wherever the bed and breakfast use is permitted.
(1) A maximum of five guest bedrooms or 10 guests at one time shall be provided by a bed and breakfast establishment.
(2) The owner/operator shall reside on the property.
(3) Meals shall not be provided to other than guests of the establishment.
(4) All facilities shall meet with the health and safety regulations of the Glenn County health department. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.04), 3-11-08; Ord. 632-91 § 7.04, 10-22-91].
18.110.050 Fences.
(1) Fences shall not be placed or erected on public property unless an encroachment permit has been first obtained from the director of public works.
(2) In R districts, fences in side and rear yards may not exceed six feet in height and may not exceed three and one-half feet in height inside the 25-foot front yard setback. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.05), 3-11-08; Ord. 632-91 § 7.05, 10-22-91].
18.110.060 Height exceptions.
Towers, spires, chimneys, machinery penthouses, scenery lofts, cupolas, water tanks, radio aerials, television antennas and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than 10 feet above the height limit established for the district in which the structures are located; provided, however, no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial advertising purposes. Additional heights for public utility structures may be permitted upon the approval of the planning commission. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.06), 3-11-08; Ord. 632-91 § 7.06, 10-22-91].
18.110.070 Home occupations.
A home occupation as defined in WMC 18.25.080 shall be permitted in any residence upon first securing a use permit only if all the following regulations can be met:
(1) Is confined completely within a legal structure and occupies not more than 25 percent of the floor space of a dwelling or 50 percent of that of an accessory building.
(2) Involves no sales of merchandise other than that produced on the premises or directly related to and incidental to the services offered.
(3) Is carried on by the member of the family occupying the dwelling with no other persons employed.
(4) Produces no evidence of its existence upon or beyond the premises such as external alteration creating nonresidential or unsightly appearance of a structure, noise, smoke, odors, vibrations, etc., except one sign not to exceed two square feet in area and pertaining directly to the particular home occupation. The sign must be approved by the planning commission with regard to design and placement.
(5) Does not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which such use is located.
(6) Meets the requirements of the chief building inspector and fire district of the jurisdiction. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.07), 3-11-08; Ord. 632-91 § 7.07, 10-22-91].
18.110.080 Temporary use.
Notwithstanding any of the provisions of this title to the contrary, the following uses shall be permitted in any zoning district of the city upon the issuance of an administrative use permit in the manner hereinafter provided by Chapter 18.130 WMC:
(1) Circuses, carnivals, and amusement parks.
(2) Temporary use of trailer, mobile homes, manufactured housing, or modular units for temporary office or caretaker quarters.
(3) Temporary uses not specifically identified in this section and not normally associated with or accessory to uses permitted in the zoning districts. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.08), 3-11-08; Ord. 632-91 § 7.08, 10-22-91].
18.110.090 Nonconforming uses.
(1) Continuation.
(a) The lawful use of land existing at the time of the passage of the ordinance codified in this title, although such use does not conform to the provisions hereof, may be continued. However, nonconforming commercial and industrial uses operated on open land not accessory to a permanent building on the site may be continued for a period not longer than five years after such uses become nonconforming.
(b) If any nonconforming use is abandoned or discontinued for any reason, subsequent use of such land shall be in conformity with the provisions of this title. The discontinuance of a nonconforming use for a period of six months or more is, in itself, prima facie evidence of abandonment.
(2) Changing to Another Such Use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
(3) Alterations of Buildings. No existing building designed, arranged, or intended for or devoted to a use not permitted under the regulations of this title for the district in which such building or premises is located shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted under the regulations specified by this title for such district in which said building is located. However, authorized maintenance shall be permitted not exceeding a total amount (during a period of five years) of 50 percent of the assessed value of the building according to the assessments thereof by the assessor of the county.
Notwithstanding the above, an owner of a nonconforming building intended for residential use may apply for a conditional use permit to allow maintenance of the building in excess of the amount specified.
(4) Destruction of Building. If at any time any building in existence or maintained at the time of the adoption of the ordinance codified in this title or amendments thereto which does not conform to the regulations for the district in which it is located shall be destroyed by fire, explosion, act of God, or act of the public enemy, to the extent of more than 50 percent of the value thereof, then and without further action by the city council, said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations of the district in which such land and/or building is located. For the purposes of this title, the value of any building shall be the estimated cost of the replacement of the building in kind, as determined by the building official.
Notwithstanding the above, nonconforming residential structures solely for residential use located in an office, commercial or industrial zone may be continued as a residential use; provided, that there shall be no increase in the number of dwelling units or total floor area of the former structure. An owner of a nonconforming building intended for residential use may at any time apply to the city manager or his/her designee for a zoning clearance letter to allow the continued use, maintenance and improvement of the nonconforming structure including its reconstruction in the event it is destroyed more than 50 percent by any of the enumerated acts; provided, that the following conditions are met:
(a) A building permit for reconstruction is issued within six months of destruction.
(b) Reconstruction conforms to the current development standards regarding parking, height, setback, and other provisions of this code.
(5) Applicability of Chapter to New or Changed Districts. The foregoing provision shall also apply to nonconforming uses in districts hereafter changed or established, and any time limit for the suspension of a nonconforming use of the land shall date from the date of the enactment of the ordinance codified in this title or any amendment of district boundaries which first creates a nonconforming use or uses.
(6) Certificate of Use and Occupancy. The owner or occupant of any land or building classified as a nonconforming use under provisions of this title shall, upon notification by the planning commission, make application for a certificate of use and occupancy and shall, on a schedule established by the planning commission, thereafter, apply for renewal of said certificate. The planning commission may waive the requirement for initial application for a certificate of use and occupancy and/or periodic renewal, either on a case-by-case basis or categorically for a class or classes of nonconforming properties.
(7) Repealed by Ord. 754-22.
(8) Residential Use Exemption for Existing Structure(s). Existing structure(s) located within the CC (central commercial) or CG (general commercial) zoning districts whether originally constructed as a residential dwelling or not may be allowed for use as residential unit(s) by way of a conditional use permit from the planning commission. No enlargement, extension, reconstruction, or structural alteration may be permitted to the structure except as permitted under subsection (3) of this section. The planning commission is authorized to approve, conditionally approve, or deny a request subject to appeal provisions of WMC 18.135.060.
(9) Residential Use Exemption for Existing Structure(s). Existing structure(s) constructed for single or multiple residential use prior to current code and located within the entryway zoning district may be allowed for use as a residential unit(s) by way of a conditional use permit. Enlargement, extension, reconstruction, or structural alteration may be permitted to the structure in accordance with WMC 18.50.050 and as permitted under subsection (3) of this section. The planning commission is authorized to approve, conditionally approve, or deny a request subject to appeal provisions of WMC 18.135.060.
(10) Residential Use Exemption. Existing vacant property located within the entryway zoning district may be allowed for use as a single-family residential unit by way of a conditional use permit from the planning commission, subject to the following criteria: (a) the parcel shall not abut Wood Street; (b) the parcel shall abut another residential use; (c) the parcel shall comply with WMC 18.50.050(1). The planning commission is authorized to approve, conditionally approve, or deny a request subject to appeal provisions of WMC 18.135.060. [Ord. 754-22, 4-26-22; Ord. 751-20 § 2, 8-25-20; Ord. 750-20 § 2, 6-23-20; Ord. 743-19 § 1, 2-26-19; Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.09), 3-11-08; Ord. 664-00 § 7.09, 6-27-00; Ord. 632-91 § 7.09, 10-22-91].
18.110.100 Yards.
(1) No yard or other open space provided about any building for the purpose of complying with the regulations of this title shall be considered as providing a yard or open space for any other building or structure.
(2) In any case where a setback line, building line or official plan line has been established, the required yards on the street frontage of lots shall be measured in accordance with such lines and in no case shall the provisions of this title be construed as permitting any structure to extend beyond such lines.
(3) Garages, carports and other accessory buildings may be attached to and have a common wall with the main building or, when located as required by this title, may be connected thereto by a breezeway.
(4) Cornices, eaves, canopies, fireplaces, and similar architectural features, but not including any flat wall or window surface, may extend into any required yard a distance not to exceed two feet.
(5) Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not to exceed six feet and into any required side yard a distance not to exceed one-half of the width of the side yard required for the lot.
(6) In any R district where 50 percent or more of the building sites in any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be a depth equal to the average of the front yards of the improved building sites, to a minimum requirement of that specified for the district, but in no case less than 16 feet.
(7) In any full block frontage lots, the front yards may be varied so that the required yard depth is not reduced more than five feet, the average of all lots equals the required yard depth and corner lot yards are not reduced.
(8) No yard may be used or allowed to be used for the storage, accumulation or placement of junk, automobiles or other motor vehicles, machinery, or building materials except:
(a) Automobiles regularly in use which are parked within the off-street parking space provided for on said property.
(b) Building materials as may necessarily be required for construction upon the lot wherein said yard is located immediately prior to and during such construction.
(c) As may be allowed by the specific regulations applicable to the district wherein said yard lies. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 680-08 § 1(7.10), 3-11-08; Ord. 632-91 § 7.10, 10-22-91].
18.110.110 Storage containers.
Storage container units shall be permitted subject to the following:
(1) Storage containers shall be permitted within all residential zones (R-1, R-2, R-3 and R-P), subject to the following:
(a) An administrative use permit, pursuant to provisions of Chapter 18.130 WMC, must be obtained prior to placement of a storage container on a property.
(b) Containers may not be located in front, side, or rear yard setbacks, or be located forward of the principal residence on the lot. Storage containers may not be located within utility line easements and are subject to applicable city fire code compliance, including maintaining defensible space around the container and separation from other buildings.
(c) The maximum height of a storage container is limited to eight feet above finished grade.
(d) Containers cannot be located on a property prior to placement of the principal residence.
(e) Containers require issuance of a building permit, and must meet design criteria and foundation criteria noted herein.
(f) Containers cannot be placed in any city-designated entryway locations.
(g) No more than one storage container may be allowed per lot.
(2) Storage containers may be permitted in the following commercial and industrial zones (CG, CH, ML and MH), subject to the following:
(a) The placement of storage containers shall be subject to a use permit, pursuant to the provisions of Chapter 18.135 WMC, before the planning commission.
(b) Containers may not be located in front, side, or rear yard setbacks.
(i) In zones where no setback is otherwise required, a minimum setback shall be established through the use permit process, taking into account existing and planned land uses on adjoining properties.
(ii) Storage containers may not be located within utility line easements and are subject to applicable city fire code compliance, including maintaining defensible space around the container and separation from other buildings.
(c) Containers require the issuance of a building permit, and must meet design criteria and foundation criteria noted herein.
(d) Containers cannot be placed in any city-designated entryway locations.
(e) The maximum height of a storage container is limited to 10 feet above finished grade.
(3) The following design criteria shall apply to placement of a storage container:
(a) The container shall be maintained in quality condition, free of rust or other signs of deterioration.
(b) The container shall be painted (colors consistent with city design criteria as noted in Chapter 18.141 WMC).
(c) Screening shall be utilized as necessary to reduce visibility from public vantage points, and may include use of solid fencing or fencing with screening slats, landscaping and similar measures.
(4) The following foundation and building criteria shall apply to the placement of a storage container:
(a) Use of a foundation or other system which, in the opinion of the building official, provides necessary support for the storage container. The foundation may include, but not be limited to, use of a concrete pad or similar durable surface able to adequately support the structure.
(b) Storage containers shall be outfitted with a safely locking door mechanism.
(c) No electrical power may be provided to a storage container.
(5) No advertising is allowed on storage containers.
(6) The temporary use of a storage container shall be allowed in any residential, commercial or industrial zone pursuant to the following:
(a) A temporary use permit shall be obtained, pursuant to provisions of Chapter 18.130 WMC.
(b) The permit shall be granted for a period not to exceed 12 months.
(c) The permit shall expire when the project receives a certificate of occupancy or the building permit expires, whichever occurs first.
(d) Depending upon the term of the use and location of the proposed temporary storage container, temporary screening requirements and other design considerations may apply.
(e) Zoning district setbacks shall apply to the placement and location of the storage container.
(f) Storage containers shall not be used for any type of advertising.
(7) Nonconforming Storage Container(s). All storage container(s) lawfully existing prior to the adoption of the ordinance codified in this section may continue in use, subject to the provisions of this section, even when later amendments or prior amendments to any provision of this title have caused such lawfully existing storage container(s) to become nonconforming under the terms of this chapter. Storage container(s) not lawfully existing prior to the adoption of the ordinance codified in this section must be brought into conformance or removed.
(a) Nonconforming Storage Container(s). The owner of a nonconforming container shall within six months of notification of nonconformity either:
(i) Remove the container; or
(ii) Obtain a new permit, with variances to allow the nonconforming aspect; or
(iii) Obtain a new permit subject to modification or relocation of the container to achieve conformity with this division; or
(iv) Obtain an extension of time within which the container must be moved under the amortization provisions of subsection (7)(b) of this section; or
(v) Apply for a permit to allow a nonconforming storage container to remain on the property as described under subsection (7)(e) of this section.
(b) Amortization.
(i) An owner of a nonconforming container(s) may delay removal, modification, or relocation of the container(s) for a reasonable period in order to recover the original costs where, at the time specified for removal, the costs were not yet fully amortized. The amortization period shall be proportionate with the investment involved.
(ii) The owner of a nonconforming container(s) may apply to the city manager for an extension of time within which the container(s) must be removed. The application shall contain the following information:
(A) Address and detailed location of the container(s);
(B) The date the container(s) was placed;
(C) Whether and when a permit was issued;
(D) The cost of container placement;
(E) The remaining term of the container(s) owner’s lease of the real property, if applicable; and
(F) The present value of the container(s).
(iii) The city manager shall consider the information presented on the application in acting on the request for extension. If the city manager finds that the circumstances warrant granting an extension of time for amortization of the container, the city manager may grant the extension for a reasonable time not to exceed three years.
(c) Use Permit or Planned Development Permit. Nonconforming storage container(s) that were permitted and installed pursuant to a conditional use permit or planned development permit, prior to the adoption of the ordinance codified in this section, may continue in use until changes, expansions, or alterations other than normal maintenance and upkeep are proposed for or made to such container(s). At the time of such change, any such container(s) must be brought into conformance with the provisions of this chapter.
(d) Alterations to Existing Development. When structural alterations, additions or remodeling with a value, as determined by the building official, of 25 percent or more of the full value of the improvements as shown on the last equalized assessment roll or $15,000, whichever is greater, are made to the exterior of a building or to a site containing a nonconforming container(s), any and all such nonconforming storage container(s) must be brought into conformance with the provisions of this chapter whether or not changes or alterations are proposed for or made to the container(s), or such storage container(s) must be removed.
(e) Retention of Nonconforming Storage Containers. Any owner or user of such nonconforming storage container(s) wishing to maintain such a container(s) in its existing condition may apply to the city manager for a permit to allow continued maintenance and use of the container(s). Application shall be made within 30 days of the container’s owner or user being notified of the need to bring such container(s) into conformance. Such permit, if granted, shall establish a specific period of time for continued use and maintenance, based upon an individual assessment of the facts and circumstances relating to the particular container(s). Factors to be considered in approving or denying such a permit shall be the initial container’s cost, the container’s age, the value of any proposed structural alterations to the existing storage container, existing placement of the container on the subject property, its overall condition and appearance, and similar facts and circumstances. However, the intent of the city is to ensure compliance with the provisions of this chapter and the keeping of storage containers on private properties, and in no instance shall a nonconforming storage container be approved by city permit for a period of more than three years. Failure to apply for a permit within the 30 days specified herein shall constitute a waiver of the right to request any longer period for maintenance or use of an existing nonconforming container(s).
(f) Annexation – Change of Zone. Any container(s) that becomes nonconforming after the adoption of the ordinance codified in this section because of annexation, zone change, or other city action shall be subject to the provisions of this section. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11; Ord. 685-09 § 2, 8-11-09].
18.110.111 Emergency shelter development and managerial standards.
An emergency shelter shall comply with the requirements of this section, where allowed by WMC 18.60.020(8) and 18.60.030(10).
(1) Purpose. The provisions of this section are intended to provide opportunities for the development of permanent emergency shelters to provide temporary housing, with minimal supportive services for homeless persons, and to establish standards for these shelters.
(2) Location. An emergency shelter shall be proposed in the CG general commercial zoning district, subject to the permit requirements of WMC 18.60.020(8); provided, that a minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.
(3) Project Review and Approval.
(a) Emergency shelters with up to 50 beds are principally permitted in the CG zoning district; provided, that, during seasonal or emergency events of flooding, extreme temperature, or natural disaster, such shelters shall not be limited with regard to the number of persons served, subject to occupancy limits of the fire department and the California Building Code, so long as the operating conditions set forth in this section are met.
(b) Emergency shelters with greater than 50 beds in the CG zoning district shall require approval of a conditional use permit in compliance with WMC 18.60.030(10).
(c) An emergency shelter with 50 beds or less in the CG zoning district is exempt from design review. An emergency shelter with greater than 50 beds in any zoning district, including the CG zoning district, shall require design review in compliance with WMC 18.141.010.
(4) Development Standards.
(a) Maximum Number of Beds. As determined by CUP, except that a maximum of 50 beds shall be permitted, by right, in the CG zoning district.
(b) Length of Stay. Temporary shelter shall be available to residents for no more than 180 days in any 12-month period.
(c) Intake/Waiting Area. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet. Said intake/waiting area shall be in a location not adjacent to the public right-of-way. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum of six-foot-tall visually screening mature landscaping or a minimum six-foot-tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
(d) Lighting. Adequate external lighting shall be provided for security purposes.
(e) Security. Security personnel shall be provided during the hours that the emergency shelter is in operation.
(f) On-Site Management. At least one facility manager shall be on site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11].
18.110.112 Second dwelling units.
(1) Purpose. The provisions of this section are intended to provide opportunities for the development of second dwelling units which provide complete independent living facilities for one or more persons.
(2) Requirements. The requirements of this section apply to the development and construction of secondary dwelling units. This section establishes development standards in compliance with Government Code Section 65852.1. Second dwelling units, as permitted by this title, are subject to the following requirements or conditions:
(a) May be constructed in any R-1 or R-2 zone if the subject property contains one legal single-family dwelling; provided, that the second unit does not exceed the allowable density for the lot upon which the second unit shall be located.
(b) The second unit is either attached to the existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling.
(c) No more than one second dwelling unit shall be allowed on any parcel.
(d) The design of the second dwelling unit is compatible with the design of the primary dwelling unit and the surrounding neighborhood in terms of exterior treatment and scale.
(e) The total floor area of an attached second unit shall not exceed 30 percent of the existing living space.
(f) The total floor space for a detached second dwelling unit shall not exceed 1,200 square feet and may not have more than one bedroom.
(g) New construction for second dwelling units shall conform to all requirements of this title and all provisions of the current California Building Code.
(h) Payment of all costs attendant thereto, for providing additional city services.
(i) Shall comply with the setback and height requirements of the applicable residential zoning district for the primary dwelling.
(j) The second dwelling unit shall provide for utilities separate from the primary residential dwelling.
(k) The second dwelling unit shall comply with the lot coverage of the applicable zoning district.
(l) The second dwelling unit shall be required to provide one off-street uncovered parking space.
(m) Deed Restrictions. One unit on the property shall be owner-occupied and shall be the primary residence of the property owner, the other may be rented. Prior to issuance of any permit pursuant to this chapter, or occupancy of the second dwelling unit, an affidavit of owner occupancy and declaration or agreement of restrictions, in a form acceptable to the city attorney, shall be executed by the property owner(s) and recorded in the office of the recorder of Glenn County, stating that:
(i) The second dwelling unit shall not be sold separately;
(ii) The second dwelling unit is considered legal only so long as either the primary residence or the second dwelling unit is occupied by the owner of record of the property;
(iii) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall void the approval of the unit and may result in legal action against the property owner.
(3) The developer of a subdivision that includes second dwelling units shall record a declaration of owner occupancy prior to the recordation of the final map or parcel map. Each lot with a second dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner occupancy restriction.
(4) Environmental Determination. The council finds that the adoption and implementation of the ordinance codified in this section are exempt from the provisions of the California Environmental Quality Act in that the council finds there is no possibility that the implementation of this section may have significant effects on the environment. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11].
18.110.113 Reasonable accommodation request under the Fair Housing Acts.
(1) Purpose. The purpose of this section is to establish a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.
(2) Findings. The council of the city of Willows finds as follows:
(a) Housing that is accessible to people with disabilities has been identified as a special housing need in the housing element of the city’s current general plan.
(b) Policy RC-1.3.2 of the 2009-2014 Housing Element calls for amendment of the municipal code to provide a formal process for a person with disabilities to make a reasonable accommodation request seeking equal access to housing and reasonable accommodation in the application of the city’s zoning laws.
(c) Both the Federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation (modifications or exceptions) in their land use regulations and practices when such accommodation may be necessary to afford disabled persons an equal opportunity to housing.
(d) The city of Willows has historically provided for reasonable accommodation through the use of existing regulatory procedures not specifically designed for people with disabilities.
(e) Codification of a formal process for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of the city’s land use regulations and establishment of relevant criteria to be used when considering such requests will ensure prompt, fair and efficient handling of such requests in accordance with the fair housing laws’ reasonable accommodation mandate.
(3) Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.
A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by subsection (4) of this section.
(4) Application Requirements.
(a) Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning department, or in the form of a letter, to the city manager and shall contain the following information:
(i) The applicant’s name, address and telephone number.
(ii) Address of the property for which the request is being made.
(iii) The current actual use of the property.
(iv) The basis for the claim that the individual is considered disabled under the Acts.
(v) The zoning code provision, regulation or policy from which reasonable accommodation is being requested.
(vi) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
(b) Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection (4)(a) of this section together for concurrent review with the application for discretionary approval.
(5) Review Authority.
(a) The City Manager. Requests for reasonable accommodation shall be reviewed by the city manager or his/her designee if no approval is sought other than the request for reasonable accommodation.
(b) Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
(6) Review Procedure.
(a) City Manager Review. The city manager, or his/her designee, shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection (7) of this section (Findings and Decision).
(b) Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection (7) of this section (Findings and Decision).
(7) Findings and Decision.
(a) 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:
(i) Whether the housing which is the subject of the request will be used by an individual disabled under the Acts.
(ii) Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
(iii) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
(iv) Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.
(v) Potential impact on surrounding uses.
(vi) Physical attributes of the property and structures.
(vii) Alternative reasonable accommodations which may provide an equivalent level of benefit.
(b) Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (7)(a) of this section.
(8) Appeal of Determination. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the planning commission in compliance with WMC 18.130.060. [Ord. 734-17 § 1, 11-14-17; Ord. 703-11 § 1, 7-12-11].
18.110.114 Density bonus.
(1) Purpose. The purpose of this section is to implement Government Code Section 65915. If any provision of this section should conflict with a provision of such statute, the statutory provision shall prevail.
(2) Definitions. Terms defined in Government Code Section 65915 shall have the same meaning in this section.
(3) Eligibility.
(a) The city shall grant a density bonus, the amount of which shall be as specified in Government Code Section 65915(f), and incentives or concessions, the amount of which shall be as specified in Government Code Section 65915(d)(2), when a housing development applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus, that will contain at least any one of the following:
(i) Ten percent of the total units for lower income households, as defined in Health and Safety Code Section 50079.5.
(ii) Five percent of the total units for very low income households, as defined in Health and Safety Code Section 50105.
(iii) A senior citizen housing development, as defined in Civil Code Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5.
(iv) Ten percent of the total dwelling units in a common interest development as defined in Civil Code Section 1351 for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase.
(b) The city shall grant the concession or incentive requested by the applicant unless the city council makes a written finding, based upon substantial evidence, of any of the following:
(i) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
(ii) The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
(iii) The concession or incentive would be contrary to state or federal law.
(4) Continued Affordability.
(a) A housing development applicant shall agree to continued affordability of all low- and very-low-income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower-income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053. Owner-occupied units shall be available at an affordable cost as defined in Health and Safety Code Section 50052.5.
(b) A housing development applicant shall agree that the initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Civil Code Section 1351, are persons and families of moderate income as defined in Health and Safety Code Section 50093, and that the units are offered at an affordable cost as defined in Health and Safety Code Section 50052.5. The city shall enforce an equity sharing agreement consistent with Government Code Section 65915(c) unless it is in conflict with the requirements of another public funding source or law.
(5) Projects with a Child Care Facility.
(a) When an applicant proposes to construct a housing development that conforms to the requirements of subsection (3)(a) of this section and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the city shall grant either of the following:
(i) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.
(ii) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(b) The city shall require, as a condition of approval of the housing development, that all of the following occur:
(i) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.
(ii) Of the children who attend the child care facility, the children of very-low-income households, lower-income households or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very-low-income households, lower-income households, or families of moderate income pursuant to subsection (3)(a) of this section.
(c) Notwithstanding any other provision of this section, the city shall not be required to provide a density bonus or concession or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. [Ord. 734-17 § 1, 11-14-17; Ord. 709-14 § 1, 4-22-14].