Chapter 17.92 — REASONABLE ACCOMMODATION

The purpose of this Chapter is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests. (Ord. 790 § 3, 12-7-2015)

In order to make specific housing available to an individual with a disability, any person may request 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 his or her choice. 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 Chapter applies only to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act. (Ord. 790 § 3, 12-7-2015)

• A. A request for reasonable accommodation must be filed on the application form provided by the Community Development Department. If necessary to ensure accessibility, the applicant may request an alternative format. The applicant may be the person with the disability or his or her representative. The application must be accompanied by a fee, set by the city council, and be signed by the owner of the property and provide the following information:

  1. Applicant's name and contact information;

  2. Property address;

  3. Current use of the property;

  4. Basis for the claim that the individual is considered disabled under Fair Housing Laws;

  5. The zoning code provision, regulation or policy from which reasonable accommodation is being requested;

  6. Explanation why the reasonable accommodation is necessary to make the specific property accessible to the individual; and 7. Plans showing the details of the proposal.

• B. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this Title (including but not limited to a conditional use permit, architectural control, variance, or zoning amendment), the application for reasonable accommodation must be submitted and reviewed at the same time as the related applications.

(Ord. 790 § 3, 12-7-2015)

• A. If an application under this Chapter is filed without any accompanying application for another approval, permit or entitlement under this Title, the Community Development Director will make a written determination within forty-five days of submission of the application and either grant, grant with modifications, or deny a request for reasonable accommodation.

• B. If an application under this Chapter is filed with an application for another approval, permit or entitlement under this Title, it will be heard and acted upon at the same time and in the same manner as such other application, and will be subject to all of the same procedures.

• (Ord. 790 § 3, 12-7-2015)

• A. Any decision on an application under this Chapter must be supported by written findings addressing the criteria set forth in this subsection. An application under this Chapter for a reasonable accommodation will be granted if all of the following findings are made:

  1. The housing, which is the subject of the request, will be used by an individual who is deemed disabled under either the Federal Fair Housing Act or the California Fair Employment and Housing Act.

  2. The requested reasonable accommodation is necessary to make specific housing available to an individual who is deemed to have a disability under either the Federal Fair Housing Act or the California Fair Employment and Housing Act.

  3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

  4. 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.

  5. The requested reasonable accommodation would not adversely impact surrounding properties or uses.

  6. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.

• B. 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 A . above.

• (Ord. 790 § 3, 12-7-2015)

Any decision of the Community Development Director or designee may be appealed by the applicant to the Planning Commission. The appeal must be made in writing and filed with the Community Development Director within fifteen days following the final decision. The appeal must be accompanied by a fee, as set by the city council, and must clearly state the reasons for the appeal. Where the request for accommodation is in conjunction with an application for another approval, permit or entitlement under this Title, the appeal procedures for such other approval, permit or entitlement will control.

(Ord. 790 § 3, 12-7-2015)

Any approval or conditional approval of an application under this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. 790 § 3, 12-7-2015)