The purpose of this article is to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices, when needed, to provide an individual with a disability an equal opportunity to use and enjoy a residence.

(Ord. No. 338, § 1, 1-23-12)

The provisions of this article shall apply to all laws, rules, regulations, policies, procedures and/or practices promulgated or implemented by the City that prevent a disabled person from using and enjoying a dwelling.

(Ord. No. 338, § 1, 1-23-12)

The following terms as used in this article shall, unless the context clearly indicates otherwise, have the following meanings:

Applicant means a person, business, or organization making a written request to the City for reasonable accommodation in the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures.

Disabled Person or Person with a Disability means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance.

Fair Housing Laws means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101, et seq.), and the "California Fair Employment and Housing Act" (California Government Code § 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.

Major Life Activity shall include physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Physical or Mental Impairment means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current users of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment.

Reasonable Accommodation means any deviation requested and/or granted from the strict application of the City's zoning and land use laws, rules, regulations, policies, procedures and/or practices that may be reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residence.

(Ord. No. 338, § 1, 1-23-12)

The Planning Director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation.

(Ord. No. 338, § 1, 1-23-12)

A.

Applicant: A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

B.

Application: An application for a reasonable accommodation shall be made on a form provided by the City. No fee shall be required for a reasonable accommodation, but if the project requires another discretionary permit, the prescribed fee shall be paid for the required discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

C.

Other Discretionary Permits: If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for 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 Submittals: An application for a reasonable accommodation shall include the following:

1.

Documentation that the applicant is: (a) a person with a disability; or (b) applying on behalf of one or more persons with a disability; or (c) a developer or provider of housing for one or more persons with a disability.

2.

The name and address of the individual(s) requesting the reasonable accommodation.

3.

The name and address of the property owner(s).

4.

The address of the property for which the accommodation is requested.

5.

A description of the reasonable accommodation requested by the applicant.

6.

An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence.

The Planning Director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Section 5-2K-6.

(Ord. No. 338, § 1, 1-23-12)

A.

Findings: The written decision shall be based on the following findings, all of which are required for approval:

1.

The accommodation is requested by or on behalf of one or more persons 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 residence.

3.

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

4.

The requested accommodation will not result in a fundamental alteration in the nature of the City's land use and zoning program.

5.

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.

B.

In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a residence, pursuant to section 5-2L-6 A.2., the City may consider, but is not limited to, the following factors:

1.

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

2.

Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

3.

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.

4.

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 the City.

C.

In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's land use and zoning program, pursuant to section 5-2L-6 A.4., the City may consider, but is not limited to, the following factors:

1.

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

2.

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

3.

Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan or other similar regulatory document.

4.

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.

(Ord. No. 338, § 1, 1-23-12)

A.

The Planning Director, or Planning Agency, whichever has approval authority, shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation. The Planning Director may elect to forward the matter to the Planning Agency for consideration of the application.

B.

The applicant may appeal the decision of the Planning Director to the City Council, respectively, within ten days of the mailing of the Notice of Decision. The appeal shall be filed in writing with the City Clerk. The City Council shall conduct a noticed public hearing and make its decision based on the findings set forth in section 5-2L-6.A.

(Ord. No. 338, § 1, 1-23-12)

The applicant shall record the written determination approving the request for a reasonable accommodation in the office of the county recorder.

(Ord. No. 338, § 1, 1-23-12)

A.

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

1.

A building permit has been issued and construction has commenced; or

2.

The building permit has been finaled by the Building Official; or

3.

The right granted by the accommodation has been exercised; or

4.

A time extension has been granted by the Planning Director or the Planning Agency, whichever has authority over the granting of the reasonable accommodation.

B.

Discontinuance: If the disabled person for whom the reasonable accommodation was originally granted vacates the residence, or if the Planning Director finds that the accommodation is no longer necessary for the use and enjoyment of the residence pursuant to Section 5-2L-6 A.5., the reasonable accommodation shall remain in effect only if the Planning Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the municipal code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the residence. The Planning Director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 30 days of the date of a request by the City shall constitute grounds for discontinuance of a previously approved reasonable accommodation.

(Ord. No. 338, § 1, 1-23-12)

A request for changes in the 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 Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(Ord. No. 338, § 1, 1-23-12)