A.

Title and intent. The provisions of this chapter shall be known as the reasonable accommodations policy and procedure regulations. The intent of the reasonable accommodations policy and procedure regulations is to provide flexibility in the application of the zoning ordinance for individuals with a disability, when flexibility is necessary to eliminate barriers to housing opportunities. This chapter will facilitate compliance with federal and State fair housing laws, and promote housing opportunities for residents of Ceres.

B.

Purpose. The purpose of this chapter is to establish a procedure for persons with disabilities seeking fair access to housing to make requests for reasonable accommodations in the application of Ceres' zoning laws, rules, policies, practices and procedures pursuant to section 3604(f)(3)(b) of title 42 of the United States Code ("the Fair Housing Act") and section 12955 et seq. of the California Government Code (the "California Fair Employment and Housing Act"), which prohibit local governments from refusing to make reasonable accommodations in policies and practices when these accommodations are necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling.

C.

Applicability. A request for a reasonable accommodation may include 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 their choice.

D.

For purposes of this chapter, a "person with a disability" shall include any person 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 who has a record of such impairment. Federal and State fair housing laws do not protect an individual's current unlawful use of controlled substances or other drugs, unless that individual has a separate disability.

E.

For purposes of this chapter, a "reasonable request for accommodation" shall mean a request to modify land use, zoning or building regulations, policies, practices, or procedures in order to give people with disabilities an equal opportunity to use and enjoy a dwelling.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

The Director of Community Development or his or her designee is designated to approve, conditionally approve, or deny all applications for reasonable accommodations.

B.

If the project for which the request for a reasonable accommodation is made requires another discretionary permit or approval that is subject to Planning Commission action (as per subsection 18.03.040.B), then the Planning Commission shall act as the decision maker for both the request for reasonable accommodation and the discretionary permit or approval at the same time.

C.

If an applicant making a request for a reasonable accommodation does not agree with the decision rendered by the Director of Community Development and/or Planning Commission, the applicant may appeal the decision per the applicable requirements listed under chapter 18.34.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Applicant. A request for a reasonable accommodation may be submitted to the Director of Community Development by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

B.

Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form provided by the Community Development Division. No fee shall be required for a request for a reasonable accommodation, unless the project requires approval of another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

C.

Other discretionary permits. If the project for which the request for a reasonable accommodation is made requires another discretionary permit or approval (i.e., conditional use permit, subdivision, variance, or planned development plan review, etc.), then the applicant shall file the request for a reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

D.

Required information. In addition to materials required under applicable provisions of this Code, an application for a reasonable accommodation shall include the following:

1.

Documentation that the applicant is:

a.

An individual with a disability;

b.

Applying on behalf of one or more individuals with a disability; or

c.

A developer or provider of housing for one or more individuals with a disability.

2.

The specific exception or modification to the zoning ordinance provision, policy, or practices requested by the applicant;

3.

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

4.

Any other information that the Director of Community Development reasonably concludes is necessary to determine whether the findings required by section 18.41.040, hereof, 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.

5.

Any information submitted as part of a reasonable accommodations request shall be kept confidential and 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. 2020-1059, § 1, 3-23-2020)

A.

The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval:

1.

That the housing, which is the subject of the request for reasonable accommodation, will be used by one or more individuals with a disability protected under the fair housing laws;

2.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

3.

The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning laws, rules, policies, practices, and procedures;

4.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

5.

The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.

6.

In making these findings, the decision maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

B.

The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

2.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3.

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and/or

4.

In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

C.

The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning laws, rules, policies, practices, and procedures:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

2.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

3.

Whether granting the requested accommodation would substantially undermine any purpose of either the City's general plan or applicable specific plan; and/or

4.

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

D.

Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

E.

Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Planning Commission or City Council, as applicable on such appeal.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Director of Community Development may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

B.

Expiration of approval. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

1.

A building permit has been issued and construction has commenced;

2.

A certificate of occupancy has been issued;

3.

The use is established.

C.

Violation of terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

D.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a dwelling vacate, the reasonable accommodation shall remain in effect only if the Director of Community Development determines that:

1.

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code; and

2.

The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling.

E.

Documentation. The Director of Community Development may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

(Ord. No. 2020-1059, § 1, 3-23-2020)