It is the policy of the city to provide reasonable accommodation for persons with disabilities seeking fair access to housing in the application of its zoning laws pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Form to be provided by the community development director. Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law and building regulations which may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the community development director.

B.

Filed with application for other permit or approval. If the project for which the request is being made also requires some other land use permit or approval, then the applicant shall file the request together with the application for the permit or approval.

C.

Review. The community development director shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings provided by 21.50.040 (Notice of request for accommodation). Exception: If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty day period to issue a decision is stayed until the applicant responds to the request.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The applicant shall provide the following information:

A.

Name. Applicant's name, address, and telephone number;

B.

Address. Address of the property for which the request is being made;

C.

Use of property. The current actual use of the property;

D.

Relevant provision or regulation. The Zoning Code provision, regulation, or policy from which accommodation is being requested; and

E.

Basis for claim. The basis for the claim that the individual is considered disabled under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual.

(Ord. 2043 § 1(part), 2004).

Written notice that a request for reasonable accommodation shall be given as follows:

A.

Mailed to all immediately adjacent property owners. In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.

B.

Mailed in compliance with Chapter 21.64 (Public Hearings). In the event that the request is being made in conjunction with some other process, the notice shall be mailed along with the notice of the other proceeding, in compliance with Chapter 21.64 (Public Hearings).

(Ord. 2043 § 1(part), 2004).

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

A.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

B.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

C.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

D.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Notice of decision. Notice of the proposed decision shall be made in the same manner as provided in Section 21.50.040 (Notice of Request for Accommodation), above. Such notice shall inform property owners that within 10 days of the date the notice is mailed, any person may make a written request for a community development director's hearing.

B.

Decision shall become final. If no request for hearing is received, the proposed decision shall become a final community development director's decision.

C.

Community development director's hearing. If someone requests a hearing, the community development director shall conduct a hearing on the request for reasonable accommodation at which all reasonable evidence and credible testimony shall be considered.

(Ord. 2043 § 1 (part), 2004).

A.

Decision notice. The community development director shall issue a notice of decision either granting the request, including any reasonable conditions, or disapproving the request after the required noticing period has ended or a community development director's hearing has been held.

B.

Notice shall contain findings. The notice of decision shall contain the community development director's factual findings, conclusions, and reasons for the decision.

C.

Mailing of notice. The notice of decision shall be mailed in the same manner as identified in Section 21.50.040 (Notice of Request for Accommodation), above.

(Ord. 2043 § 1(part), 2004).

A.

May appeal within thirty days. Within thirty [days] after the notice of community development director's decision, any person may appeal in writing to the planning commission in compliance with Chapter 21.62 (Appeals).

B.

Grounds for appeal. All appeals shall contain a statement of the grounds for the appeal in compliance with Chapter 21.62 (Appeals).

C.

Other remedies. Nothing in this section shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty day time period allotted, the request shall be deemed granted.

(Ord. No. 2293, § 1(Exh. B), 5-2-2023)