Atascadero City Zoning Code
CHAPTER 13
REASONABLE ACCOMMODATIONS
§ 9-13.101 Purpose.
(a)
Enabling Legislation. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (hereafter the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.
(b)
Adjustment to Physical Design Standards. A reasonable accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.
(Ord. 570 § 1, 2013)
§ 9-13.102 Applicability.
(a)
Eligible Applicants.
(1)
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 (i.e., development standard) or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.
(2)
A person with a disability is a person who has physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.
(3)
This chapter is intended to apply to those persons who are defined as disabled under the Acts.
(b)
Eligible Requests.
(1)
A request for reasonable accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, 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.
(2)
A request for reasonable accommodation shall comply with Section 9-13.103 (Application requirements).
(Ord. 570 § 1, 2013)
§ 9-13.103 Application requirements.
(a)
Filing. An application for a reasonable accommodation shall be filed and processed in compliance with Chapter 9-2 (Applications: Content, Processing and Time Limits).
(b)
Required Data. The application shall include the following information and materials as a supplement to the required application:
(1)
Applicant's name, address, and telephone number;
(2)
Address of the property for which the request is being made;
(3)
Assessor parcel number (APN);
(4)
The current use of the property;
(5)
The code section(s), regulation(s), policy, or procedure for accommodation requested;
(6)
A statement describing why the requested accommodation is necessary to make the specific housing available to the applicant, including information establishing that the applicant is disabled under the Acts; and
(7)
Other relevant and permissible information as requested by the Community Development Director or designee.
(c)
Filing With Other Land Use Applications. If the project involves both a request for reasonable accommodation and some other discretionary approval (e.g., conditional use permit, variance, etc.), the applicant shall file the information required by subsections (a) and (b), together with the materials required for the other discretionary approval.
(d)
Responsibility of the Applicant. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 9-13.106 (Findings and decision).
(Ord. 570 § 1, 2013)
§ 9-13.104 Review authority.
(a)
Community Development Director. Requests for reasonable accommodation shall be reviewed, and a decision shall be made, by the Community Development Director if no approval is sought other than the request for reasonable accommodation. The Community Development Director may defer a decision to the Design Review Committee at their discretion.
(b)
Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application (e.g., conditional use permit) shall be reviewed (and approved or denied) by the authority reviewing that application.
(Ord. 570 § 1, 2013)
§ 9-13.105 Review procedures.
(a)
Community Development Director's Review. The Community Development Director shall make a written decision and either approve, approve with modifications, or deny a request for reasonable accommodation.
(b)
Other Review Authority. When reviewed concurrently with another type of discretionary review, the written decision on whether to approve or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the other discretionary review in compliance with the applicable review procedures.
(c)
The decision to approve or deny the request for reasonable accommodation shall be made in compliance with Section 9-13.106 (Findings and decision).
(Ord. 570 § 1, 2013)
§ 9-13.106 Findings and decision.
(a)
Findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings:
(1)
The housing that is the subject of the request will be used by a person defined as disabled under the Acts;
(2)
The request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;
(3)
The requested reasonable accommodation would not impose an undue financial or administrative burden on the City;
(4)
The requested accommodation would not require a fundamental alteration in the nature of the housing program of the City; and
(5)
The establishment, maintenance or operation of the reasonable accommodation activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
(b)
Conditions of approval. In approving a request for reasonable accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by subsection (a) Findings.
(Ord. 570 § 1, 2013)
§ 9-13.107 Rescission of approval of reasonable accommodation.
(a)
Rescission.
(1)
An approval or conditional approval of an application made in compliance with this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.), unless allowed to remain in compliance with subsection (b) Discontinuance;
(2)
If rescinded or subject to automatic expiration, the improvement made in compliance with the originally approved reasonable accommodation shall be removed from the subject property in compliance with subsection (b)(2).
(b)
Discontinuance.
(1)
A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 365 consecutive days.
(2)
If the person(s) initially occupying a residence vacates, the reasonable accommodation shall remain in effect only if the review authority first determines that:
(i)
The modification is physically integrated into the residential structure and cannot be easily removed or altered to comply with this title; or
(ii)
The modification is to be used by another qualifying individual with a disability.
(3)
The review authority may request that the applicant or the successor(s)-in-interest provide documentation that subsequent occupants are qualifying persons with disabilities.
(4)
Failure to provide the documentation within 30 days of the date of a request by the review authority shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.
(5)
Discontinuance shall require that the improvement made in compliance with the originally approved reasonable accommodation shall be removed from the subject property.
(Ord. 570 § 1, 2013)
§ 9-13.108 Post decision procedures.
The procedures and requirements of this title in Chapter 2 (Applications: Content, Processing and Time Limits), and those related to appeals in Chapter 1 (Enactment, Administration and Amendment), shall apply following the decision on a reasonable accommodation application.
(Ord. 570 § 1, 2013)