A. Definition of disability. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. Under the Acts, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

B. Eligibility to request accommodation. A request for reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

C. Scope of accommodation. A request for reasonable accommodation may include 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. Any modification based on this Chapter is a personal accommodation and shall not run with the land. A request for reasonable accommodation is subject to the applicant’s compliance with all other applicable regulations. Requests for reasonable accommodation shall be made in the manner prescribed in Section 19.74.030. (Ord. 2014-3 § 11, 2014.)

A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning department, or in the form of a letter, to the Director of Planning and Building and shall contain the following information:

B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made requires one or more discretionary approvals (including, but not limited to, conditional use permit, site plan and architectural review, encroachment permit, etc.), then the applicant shall file the information required by Subsection A above, together for concurrent review with the application for discretionary approval. (Ord. 2016-4 § 3, 2016; Ord. 2014-3 § 11, 2014.)

A. Director of Planning and Building. Requests for reasonable accommodation shall be reviewed by the Director of Planning and Building if no discretionary permit approval is required other than the request for reasonable accommodation.

B. Other review authority. The Director of Planning and Building shall delegate requests for reasonable accommodation submitted for concurrent review with another discretionary permit application to such other review as the case maybe. (Ord. 2016-4 § 3, 2016; Ord. 2014-3 § 11, 2014.)

A. Director of Planning and Building review. The Director of Planning and Building shall make a written determination within forty-five days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 19.74.060. The Director of Planning and Building shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director of Planning and Building in his or her discretion. Said notice shall be mailed at least ten days prior to making a determination.

B. Other reviewing authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary permit application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 19.74.060. (Ord. 2016-4 § 3, 2016; Ord. 2014-3 § 11, 2014.)

A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors:

B. Conditions of approval. In granting a request for reasonable accommodation, the review 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.

C. Written Decision. The decision on the request for reasonable accommodation shall be in writing, mailed to the applicant, and explain in detail the basis of the decision, including the reviewing authority’s findings required by this Chapter. All decisions shall give notice of the applicant’s right to appeal pursuant to the appeals process set forth in this Chapter. (Ord. 2014-3 § 11, 2014.)

A. Within ten days mailing of the reviewing authority’s written decision on a request for reasonable accommodation, the applicant or his or her representative may file an appeal. All appeals must be in writing and contain a statement of the grounds for the appeal. The City will provide reasonable assistance if requested to ensure the appeals process is accessible.

B. A determination by the Director of Planning and Building to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the Planning Commission

C. A determination by the Planning Commission to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the City Council. (Ord. 2016-4 § 3, 2016; Ord. 2014-3 § 11, 2014.)