Carlsbad City Zoning Code
CHAPTER 21
87 REASONABLE ACCOMMODATION
§ 21.87.010 Purpose and intent.
A.
The purpose and intent of this chapter is as follows:
1.
To provide individuals with disabilities reasonable accommodation in land use and zoning and building regulations, policies, practices, and procedures to provide equal opportunity to use and enjoy housing and facilitate the development of housing for individuals with disabilities pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws").
2.
To establish a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the city to comply fully with the intent and purpose of fair housing laws.
3.
To establish findings that ensure a requested accommodation, if granted, is necessary and reasonable, and would not require a fundamental alteration in the nature of the city's land use and zoning and building regulations, policies, practices, and procedures.
(Ord. CS-125 § II, 2011)
§ 21.87.020 Definitions.
A. "Individual with a disability" "Reasonable accommodation"
For the purposes of this chapter, the terms used in this chapter relating to the provisions of reasonable accommodation are defined as follows:
means 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. This section is intended to apply to those persons who are defined as disabled under the fair housing laws.
means, in the land use and zoning context, providing individuals with disabilities or developers of housing for people with disabilities: (1) reasonable, necessary, or feasible flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or (2) the waiver of certain requirements when it is necessary to provide equal opportunity to use and enjoy housing and/or eliminate barriers to housing opportunities so long as the requested flexibility or waiver would not require a fundamental alteration in the nature of the city's land use and zoning and building regulations, policies, practices, and procedures, and the city's Local Coastal Program.
(Ord. CS-125 § II, 2011; Ord. CS-196 § 1, 2012)
§ 21.87.030 Applicability.
A.
A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to housing opportunities.
B.
A request for reasonable accommodation may include a modification or exception to the rules, standards, development and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice.
C.
A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not at issue in the requested accommodation.
D.
Requests for reasonable accommodation shall be made in the manner prescribed by Section 21.87.040 of this chapter.
E.
If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes; or (2) the accommodation is to be used by another individual with a disability.
F.
Nothing in this ordinance shall require the city to waive or reduce development or building fees associated with the granting of a reasonable accommodation request.
(Ord. CS-125 § II, 2011; Ord. CS-196 § 2, 2012)
§ 21.87.040 Request for reasonable accommodation.
A.
Application for a request for reasonable accommodation shall be made in writing on a form provided by the City Planner. The form shall be signed by the property owner or authorized agent. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the City Planner. The application shall include the zoning, land use or building code provision, regulation, policy or practice from which modification or exception for reasonable accommodation is being requested including an explanation of how application of the existing zoning, land use or building code provision, regulation, policy or practice would preclude the provision of reasonable accommodation.
B.
Proof of applicable disability shall be provided in the form of a note from a medical doctor or other third party professional documentation deemed acceptable to the City Planner.
C.
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.
D.
If an individual needs assistance in making the application for reasonable accommodation, the city will provide assistance to ensure the process is accessible.
(Ord. CS-125 § II, 2011; Ord. CS-196 § 3, 2012)
§ 21.87.050 Review authority and procedure.
A.
A request for reasonable accommodation may be approved or conditionally approved by the City Planner and shall be processed independently of any other required development permits. However, approval of a reasonable accommodation may be conditioned upon approval of other related permits.
B.
The filing of an application for request for reasonable accommodation shall not require public notice.
C.
If necessary to reach a determination on the request for reasonable accommodation, the City Planner may request:
D.
Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.
(Ord. CS-125 § II, 2011)
§ 21.87.060 Required findings.
A.
The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with a disability protected under fair housing laws;
B.
The requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws;
C.
The requested accommodation would not impose an undue financial or administrative burden on the city;
D.
The requested accommodation would not require a fundamental alteration in the nature of the city's land use and zoning and building regulations, policies, practices, and procedures, and for housing in the coastal zone, the city's local coastal program.
(Ord. CS-125 § II, 2011)
§ 21.87.070 Effective date of order-Appeal of decision.
A.
The effective date of the City Planner's decision and method for appeal of such decision shall be governed by Chapter 21.54 of this title.
B.
Nothing in this procedure shall require the City Planner to disclose any information provided to support the request for reasonable accommodation which, in the opinion of the City Attorney, would violate state or federal privacy rights of the individual with a disability.
C.
Nothing in the procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. CS-125 § II, 2011)