It is the purpose of this Article, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the City's rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this Article is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City, where warranted.

( Ord. No. 15-736 , § 2, 10-13-2015)

Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing.

( Ord. No. 15-736 , § 2, 10-13-2015)

The Department shall prominently display in the public areas of the Planning and Building and Safety Department at City Hall, a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Article. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

( Ord. No. 15-736 , § 2, 10-13-2015)

(a)

In order to make specific housing available to an individual with a disability or handicap, a disabled or handicapped person or representative thereof may request reasonable accommodation, pursuant to this Article, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

(b)

If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.

(c)

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the Department and shall include the following information:

(1)

The zoning code provision, regulation, policy, or condition from which accommodation is being requested;

(2)

The basis for the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals;

(3)

Any other information that the City Manager/Planning Director reasonably determines is necessary for evaluating the request for reasonable accommodation;

(4)

Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one (1) or more individuals with a disability; or (c) a developer or provider of housing for one (1) or more individuals with a disability;

(5)

The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant;

(6)

Documentation that the specific exception or modification requested by the applicant is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy the residence;

(7)

Any other information that the hearing officer reasonably concludes is necessary to determine whether the findings required by subsection 9-2.2B06 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

(d)

No filing fee will be required.

( Ord. No. 15-736 , § 2, 10-13-2015)

(a)

The City Manager/Planning Director for the City of California City shall have the authority to consider and act on requests for reasonable accommodation. The City Manager/Planning Director shall issue a written determination within sixty days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, (3) deny the request, or (4) may refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers an appeal. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by first class mail.

(b)

If necessary to reach a determination on the request for reasonable accommodation, the City Manager/Planning Director may request further information from the applicant consistent with this Article, specifying in detail what information is required. In the event a request for further information is made, the sixty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

( Ord. No. 15-736 , § 2, 10-13-2015)

The following findings must be made in order to approve a request for reasonable accommodation:

(a)

The requested accommodation is requested by or on behalf of one or more individuals with disabilities protected under the Fair Housing Laws.

(b)

The requested reasonable accommodation is necessary to make housing available to one or more individuals with disabilities protected under the Fair Housing Laws.

(c)

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

(d)

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city. If, based upon all of the evidence presented to the City Manager/Planning Director, the above findings may reasonably be made, the City Manager/Planning Director shall grant the requested reasonable accommodation.

( Ord. No. 15-736 , § 2, 10-13-2015)

Any appeal to a reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit pursuant to Chapter 4 of Title 1 of this Code, provided that, notwithstanding any other provision to the contrary, the standard of review on appeal shall not be de novo and the City Council shall determine whether the findings made by the City Manager/Planning Director are supported by substantial evidence presented during the evidentiary hearing. The planning commission, acting as the appellate body, may sustain, reverse, or modify the decision of the City Manager/Planning Director or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing.

( Ord. No. 15-736 , § 2, 10-13-2015)

Notwithstanding any provisions in this Article regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Article or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this Article.

( Ord. No. 15-736 , § 2, 10-13-2015)