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02 ATTACHMENT 2
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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012623 SPECIAL
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02 ATTACHMENT 2
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1/20/2023 5:43:46 PM
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1/20/2023 5:26:34 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/26/2023
DESTRUCT DATE
15Y
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\CITY CLERK\AGENDA PACKETS\2023\012623 SPECIAL
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<br />C-22 | City of Pleasanton Housing Constraints <br />reasonable to accommodate requests from persons with disabilities to waive a setback <br />requirement or other standard of the Zoning Ordinance to ensure that homes are accessible for <br />the mobility impaired. Whether a particular modification is reasonable depends on the <br />circumstances. Municipal Code Chapter 18.86 (Reasonable Accommodation) establishes a <br />formal procedure for individuals with disabilities seeking equal access to housing to request a <br />reasonable accommodation and criteria to be used when considering such requests. The Code <br />allows a reasonable accommodation request to be made by any person with a disability or their <br />representative when the rules, standards, and practices required for housing acts as a barrier to <br />fair housing opportunities. The following factors are required to be considered prior to a decision <br />on a reasonable accommodation request: <br />• Whether the subject housing will be used by a person with a disability. <br />• Whether the request is necessary to make specific housing available to a person with <br />a disability. <br />• Whether the requested reasonable accommodation would impose an undue financial <br />or administrative burden on the City. <br />• Whether the reasonable accommodation would require a fundamental alteration in the <br />nature of a City program or law, including but not limited to land use and zoning. <br />• Potential impact on surrounding uses. <br />• Physical attributes of the property and structures. <br />• Alternative reasonable accommodations which may provide an equivalent level of <br />benefit. <br />Since the reasonable accommodation process intends to authorize exceptions to zoning <br />standards to provide access to housing for persons with disabilities, certain findings should be <br />modified to clarify intent while ensuring public health and safety objectives are maintained. The <br />two findings related to 1) a fundamental alteration of a City program or law, and 2) potential impact <br />on surrounding uses will be modified so as to not constrain reasonable accommodation approvals <br />(Program 5.7). The City has not had any reasonable accommodation requests over the last <br />planning period. <br />Density Bonus and Incentives for Affordable Housing <br />The City provides for the development of affordable housing for lower-income households through <br />its affordable housing bonus program (Chapter 17.38 (Density Bonus) of the Municipal Code). <br />These density bonus provisions were updated most recently in 2013 in accordance with state <br />density bonus law (Government Code §65915 et seq.). In 2020, AB 2345 was adopted, which <br />increased the allowed density bonus from 35 percent to 50 percent for qualifying development <br />projects. Therefore, Chapter 17.38 should be updated for consistency with AB 2345 and other <br />changes in state housing density bonus law since 2012. Also, General Plan Land Use Element
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