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HomeMy WebLinkAbout8660RESOLUTION NO. 8660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DENYING THE APPEAL AND UPHOLDING THE APPROVAL BY THE DEVELOPMENT SERVICES DIRECTOR FOR REASONABLE ACCOMMODATION NO. 19, A REQUEST TO KEEP ONE SERVICE ANIMAL AT A SINGLE-FAMILY PROPERTY LOCATED AT 521 SOUTH FOURTH STREET. WHEREAS, Chapter 18.06 (Fair Housing Reasonable Accommodations for Persons with Disabilities) of the Redlands Municipal Code was established to provide a procedure to evaluate requests for reasonable accommodation related to specific applications of the zoning law in order to ensure that no person is discriminated against because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, as required by federal and/or state law, by being denied an equal opportunity to use and enjoy their dwelling and to authorize the application of exceptions to the city's zoning law and land development standards, if warranted; and WHEREAS, the property owner has applied for Reasonable Accommodation No. 19 for relief from the provisions of Redlands Municipal Code Section 18.40.030 (Permitted Uses) to allow the keeping of one (1) chicken as an assistance animal to be kept primarily indoors and within the designated fenced rear yard area of the residence located at 521 South Fourth Street in the Suburban Residential (R-S) land use district; and WHEREAS, the Development Services Department reviewed the request and related application materials, and determined the application satisfied all four of the required findings necessary to approve Reasonable Accommodation No. 19; and WHEREAS, on December 4, 2024, the Development Services Director determined the application was approved, and issued a letter notifying the Applicant of the approval; and WHEREAS, the Appellant filed a timely Appeal on December 16, 2024; and WHEREAS, on or about January 21, 2025, notice of this public hearing was mailed to the owners of record of all properties within 300 feet of the subject property, in accordance with Sections 18.06.090 and 18.06.050 of the Redlands Municipal Code; and WHEREAS, on February 4, 2025, the City Council held a duly noticed public hearing to consider the Appeal of the Development Services Director's approval of Reasonable Accommodation No. 19; and WHEREAS, on February 4, 2025, the City Council held a noticed public hearing on the Appeal for Reasonable Accommodation No. 19 and considered verbal and written testimony of City staff, the Appellant, the Applicant for Reasonable Accommodation No. 19, and testimony from members of the public; and WHEREAS, the proposal qualifies for exemption from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA Guidelines. 1 I:\Resolutions\Res 8600-8699\8660 Reasonable Accommodation.doc jm NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. The proposal is exempt from environmental review in accordance with the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) known as the general rule exemption where there is no possibility that the activity in question may cause a significant effect on the environment. Section 2. The proposal requested by Reasonable Accommodation No. 19 is supported by circumstances and facts establishing that: a. The Applicant submitted appropriate documentation from a licensed healthcare provider, identifying the chicken as a service animal necessary to the alleviate of the Applicant's medical condition. b. The Development Services Director determined that the request satisfied all four required findings for approval of a Reasonable Accommodation, as outlined in RMC Section 18.06.070. c. The accommodation was requested solely in support of the Applicant's personal medical needs and does not provide a general waiver from the zoning regulations. d. The approval of the Reasonable Accommodation includes specific conditions to mitigate potential impacts to neighboring properties, including requirements for the chicken to be kept primarily indoors, and to be housed in a secure, sanitary, and well -maintained environment. e. Conditions of approval further ensure that the chicken's care is properly managed, with requirements for secure coops and runs, supervision when outdoors, and measures to prevent health risks or interference with neighboring properties. Section 3. The City Council has considered the Appeal filed by Ms. Terra Bird, hereby denies the Appeal, and UPHOLDS the decision of the Development Services Director that approved the application for Reasonable Accommodation No. 19. ADOPTED, SIGNED AND APPROVED this 4t4 day of March, 2025. Mario Saucedo, Mayor ATTEST: e e Donaldson, City Clerk 2 I:IResolutionslRes 8600-8699\8660 Reasonable Accommodation.doc jm 1, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 4th day of March 2025, by the following vote: AYES: Councilmembers Barich, Tejeda, Davis; Mayor Saucedo NOES: ABSENT: Councilmember Shaw ABSTAIN: nne Donaldson, City Clerk 1:1Resolutions\Res 8600-8699\8660 Reasonable Accommodation.doc jm