It is the purpose of this Chapter, in compliance with the fair housing laws, to provide a procedure to evaluate requests for reasonable accommodation related to specific applications of the zoning code 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. The ordinance codified in this Article establishes a procedure for making requests for reasonable accommodation in land use and zoning regulations, policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws.

(Ord. No. 264, § 22, 6-12-2012)

A.

The following words and phrases, whenever used in this Chapter, shall have the following meanings:

1.

Applicant: The person, business, or organization which has applied to the City for a reasonable accommodation pursuant to this Chapter.

2.

Dwelling occupant: The person who will occupy the subject property and who is protected under the fair housing laws.

3.

Fair Housing Laws: Section 42 United States Code Section 3604(f)(3)(B) and California Government Code Sections 12927(C)(1) and 12955.1, as those provisions now exist and as they may be amended from time to time.

4.

Disabled or handicapped person: Any person who has a physical or mental impairment that substantially limits one or more major life activities, or any person having a record of such an impairment, but such term does not include current, illegal use of, or an addiction to, a controlled substance.

(Ord. No. 264, § 22, 6-12-2012)

A.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

B.

An individual with a disability is someone who has a physical or mental impairment that substantially limits one or more of such person's major life activities, as furthered defined and amended in the Fair Employment and Housing Act (FEHA) of California Government Code Sections 12926(i)(1), (2), and 12926(k)(1), (2).

C.

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

D.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This Chapter is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in this Chapter shall require the City to waive or reduce development fees associated with the granting of a reasonable accommodation request.

(Ord. No. 264, § 22, 6-12-2012)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community and Economic Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community and Economic Development Department.

(Ord. No. 264, § 22, 6-12-2012)

Any person with a disability may submit an application for reasonable accommodation by submitting a land use application to the City's Community and Economic Development Director, or his or her designee, on a form provided by the City, along with applicable filing fee.

(Ord. No. 264, § 22, 6-12-2012)

A.

In addition to the materials and information included in the land use application, the following information shall also be provided with the application:

1.

The specific zoning code, law, regulation, procedure or policy of the City from which relief is sought;

2.

An explanation of why the specified zoning code, law, regulation, procedure or policy is preventing, or will prevent, the applicant's use and enjoyment of the subject property;

3.

The nature of the accommodation requested;

4.

The basis for the claim that the fair housing laws consider the applicant as protected (applicant should submit a letter from a medical doctor, handicap license, or other similar supportive evidence).

B.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, etc.), then the applicant shall file the information required by this Section together for concurrent review with the application for discretionary approval, and in which case the applicant shall only pay the required fee for the discretionary approval.

C.

Any information related to a disability status and 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.

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 an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

E.

If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

(Ord. No. 264, § 22, 6-12-2012)

A.

The Community and Economic Development Director shall route a copy of the application, plans, and materials to applicable reviewing agencies, and shall review the application for acceptance.

B.

Notice of the filing of an application for reasonable accommodation shall be mailed to all adjacent property owners of the property which is the subject of the application requesting comments within ten days of the mailed notice date.

C.

The notice shall set forth the address of the subject property, the specific zoning code, law, regulation, procedure or policy from which relief is being requested, and the nature of the accommodation requested. The notice shall also inform surrounding property owners that they may contact the City's Community and Economic Development Director, or his or her designee, in order to request written notice of any decisions made, or hearings scheduled, regarding the application.

(Ord. No. 264, § 22, 6-12-2012)

A.

The Community and Economic Development Director shall have the authority to consider and act on any application for a reasonable accommodation, and may deny, approve or conditionally approve the request in accordance with the required findings set forth in Section 18.68.090, and shall issue a written determination within 30 days of the date of receipt of a completed application.

B.

The Community and Economic Development Director may also refer the request for reasonable accommodation, in his or her sole discretion, to the Planning Commission. Such referrals, if made, shall occur within 15 days after the Community and Economic Development Director's receipt of a complete application. In which case, the Planning Commission shall render a decision on the application in the same manner as it considers an appeal. The written determination shall be made in accordance with the required findings set forth in Section 18.68.090.

C.

If necessary to reach a determination on the request for reasonable accommodation, the Community and Economic Development Director 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 30-day period to issue a decision is stayed until the applicant responds to the request.

D.

A request for reasonable accommodation submitted for concurrent review with another discretionary application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the applicable reviewing authority 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 18.68.090 of this Chapter.

E.

A reasonable accommodation that is granted pursuant to this Chapter shall not require the approval of any variance as the reasonable accommodation.

F.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:

1.

That the reasonable accommodation shall only be applicable to particular individual(s);

2.

That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or

3.

That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the City.

4.

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. No. 264, § 22, 6-12-2012)

A.

Approval shall be based upon the following findings, which shall be made by the by the approval authority in approving or denying the application:

1.

The person who will use the subject property is protected under the fair housing laws;

2.

The requested exception to the zoning code, law, regulation, procedure or policy is necessary to make specific housing available to persons occupying the subject property;

3.

The requested accommodation will not impose an undue financial or administrative burden on the City; and

4.

The requested accommodation will not require a fundamental alteration of the City's zoning laws, policies and/or procedures.

5.

That alternative reasonable accommodations which may provide an equivalent level of benefit have been considered, and are not feasible.

(Ord. No. 264, § 22, 6-12-2012)

A.

Within ten days of the date of the Community and Economic Development Director's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing and submitted to the Community and Economic Development Department.

B.

All appeals shall contain a statement of the grounds for the appeal. Any information related to a disability status and 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.

C.

The Planning Commission shall hold a public hearing on the appeal. Notice of the public hearing shall be provided in accordance with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). The decision of the Planning Commission shall be final. A written decision of the Planning Commission or Accessibility Standards Board of Appeals shall be mailed to the appealing party within ten days of the appeal hearing.

D.

If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.

(Ord. No. 327, § 4(Exh. 2), 10-22-2019; Ord. No. 264, § 22, 6-12-2012)

A.

The approval of a reasonable accommodation request shall expire one year from the date of its approval, unless one of the following occurs:

1.

The occupancy, use or construction authorized by the decision has been inaugurated. For the purposes of this Section, the term "inaugurated" shall mean that applicable grading and building permits have been issued, and that substantial work has been performed and substantial liabilities have been incurred in good faith reliance on such permits.

2.

The applicant has complied with all applicable conditions of approval.

B.

In case the applicant is not able to comply with subparagraphs 1. or 2. above, then the applicant may apply to the Community and Economic Development Department for an extension, a minimum of 30 days prior to the expiration date. The Director may, upon application by the applicant, extend the period of approval for a length of time of up to one additional year.

(Ord. No. 264, § 22, 6-12-2012)