This chapter provides a procedure to request a 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 (together, "the Acts") in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. No. 788, § 1, 5-20-2014)

The director, or his or her designee, is designated to approve, conditionally approve, or deny all applications for reasonable accommodations, provided that the director may decide to allow the planning commission to determine whether to approve, conditionally approve, or deny an application for a reasonable accommodation if the director finds that the reasonable accommodation application involves significant controversy or extraordinary circumstances.

(Ord. No. 788, § 1, 5-20-2014)

A.

Eligibility. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities for a disabled person. 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.

B.

Permissible Accommodations. A request for reasonable accommodation may include a modification or exception to the substantive and/or procedural 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.

C.

No Variance. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

D.

Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. No fee shall be required for an application for reasonable accommodation. In addition to materials required under other applicable provisions of the Anderson Municipal Code, an application for reasonable accommodation shall include the following:

1.

Documentation that the applicant is: (i) disabled; (ii) applying on behalf of one or more disabled persons; or (iii) a developer or provider of housing for one or more disabled persons;

2.

The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant;

3.

Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more disabled persons an equal opportunity to use and enjoy the residence;

4.

Any other information that the director reasonably concludes is necessary to determine whether the findings required by Section 17.03.050(A) can be made, so long as any request for information regarding the disabled person benefited complies with the protections provided by the Acts and the privacy rights of the individuals affected.

E.

Other Discretionary Approvals. If the request for reasonable accommodation is made with another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval, and may elect to have the reasonable accommodation request processed and decided simultaneously with the application for the other discretionary permit. In such cases, the procedures applicable to the other discretionary permit shall govern the processing of the reasonable accommodation request. If the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

(Ord. No. 788, § 1, 5-20-2014)

A.

Director Decisions. The director shall mail his or her written determination to approve, conditionally approve, or deny a request for a reasonable accommodation to the applicant within thirty days of the receipt of a complete application a reasonable accommodation.

B.

Commission and Council Decisions. A written determination on whether to approve, conditionally approve, or deny the request for reasonable accommodation shall be made by the body. For decisions associated with other discretionary approvals, the decision shall be issued at the same time and in the same manner as the decisions on the other discretionary approvals are issued. If there are no associated discretionary approvals, the body shall issue a decision on the reasonable accommodation within thirty days of the reasonable accommodation being first placed on the body's agenda for consideration.

C.

Appeals. Any director decision may be appealed to the planning commission. A planning commission decision may be appealed to the city council. Appeals must be filed within fourteen days of the decision. Decisions by the city council are final and not appealable.

(Ord. No. 788, § 1, 5-20-2014)

A.

Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval or conditional approval of a reasonable accommodation:

1.

The requested accommodation is requested by or on the behalf of one or more disabled persons protected under the Acts.

2.

The requested accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling.

3.

The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in Acts.

4.

The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as "fundamental alteration" is defined in the Acts.

5.

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 others.

B.

Alternative Accommodations. In making findings, the decision maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

C.

Factors—Equal Opportunity. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide a disabled person an equal opportunity to use and enjoy a dwelling:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more disabled persons;

2.

Whether a disabled person will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3.

In the case of a group home, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

4.

In the case of a group home, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide disabled persons and equal opportunity to live in a residential setting.

D.

Factors—Fundamental Alteration. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

2.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

3.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan;

4.

In the case of a group home, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

E.

Conditions of Approval. In granting a request for reasonable accommodation, the approving authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings.

F.

Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

G.

Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation has become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made on such appeal and becomes final.

(Ord. No. 788, § 1, 5-20-2014)

A.

Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty-four months from the effective date of approval or at an alternative time specified as a condition of approval unless:

1.

A building permit has been issued and construction has commenced;

2.

A certificate of occupancy has been issued;

3.

The use is established; or

4.

A time extension has been granted.

B.

Time Extension. The director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed one year. An application for a time extension shall be made in writing to the director no less than thirty days or more than ninety days prior to the expiration date.

1.

Notice of the director's decision on a time extension shall be provided in the same manner as the notice provided for in Section 17.03.040(A). All written decisions shall give notice of the right to appeal and to request a reasonable accommodation in the appeals process.

2.

A time extension for a reasonable accommodation shall be final unless appealed within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in this chapter.

C.

Violation of Terms. Any reasonable accommodation approved in accordance with the provisions of this chapter may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

D.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code, and (2) the accommodation is necessary to give another disabled person an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are disabled persons. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

E.

Modifications to Approved Permits. A reasonable accommodation may be modified. Procedures for modification shall be as prescribed by the development services director or his/ her designee.

(Ord. No. 788, § 1, 5-20-2014)