It is the policy of the city of Jurupa Valley, 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, regulations, policies, practices, and procedures to ensure an equal opportunity for access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in or modification of 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. No. 2023-08, § 43, 5-18-2023)

The Council of the city of Jurupa Valley finds:

The fair housing laws impose an affirmative duty on local governments to make reasonable accommodation in or modification of their land use, zoning and building regulations, policies, practices and procedures when such accommodation or modification may be necessary to afford individuals with disabilities an equal opportunity to housing;

(1)

The Housing Element of the city must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use, zoning and building constraints or providing reasonable accommodation and modification;

(2)

The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation or modification procedures for making land use, zoning and building determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities;

(3)

A fair housing reasonable accommodation or modification procedure for individuals with disabilities and applicants of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures will further the city's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

(Ord. No. 2023-08, § 43, 5-18-2023)

A.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or applicants of housing for people with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures, including but not limited to, accommodations or modifications, or waiver of certain requirements, when it is necessary to eliminate barriers to equal housing opportunities.

B.

An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment, as defined in the Acts. An individual who meets these requirements shall be considered an "eligible person."

C.

A request for reasonable accommodation may be made by an individual with a disability, his or her representative, or a applicant 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 fair housing opportunities.

(Ord. No. 2023-08, § 43, 5-18-2023)

Notice of the availability of the reasonable accommodation process shall be prominently displayed at public information counters in the planning, zoning and building departments, and City Clerk's office, and on the city's website, 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 Development and Development Services departments and City Clerk's office, and on the city's website.

(Ord. No. 2023-08, § 43, 5-18-2023)

A.

In order to make housing available to an individual with a disability, any eligible person as defined in Section 9.310.030 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

B.

Requests for reasonable accommodation shall be in writing on an application provided by the city, and which provides the following:

(1)

Documentation that the applicant is: (a) a person with a disability, (b) applying on behalf of one or more persons with a disability, or (c) a applicant or provider of housing for one (1) or more persons with a disability, which may include a letter from a medical doctor or other licensed health care professional, a disabled license or any other appropriate evidence, consistent with the fair housing laws;

(2)

Name and address of the individual(s) requesting reasonable accommodation or modification;

(3)

Name and address of the property owner(s);

(4)

Address of the property for which accommodation or modification is requested;

(5)

Description of the requested accommodation or modification, and the specific code section, regulation, policy or procedure for which accommodation or modification is sought; and

(6)

Explanation of how the specific requested accommodation is necessary to provide the individual(s) with the disability an equal opportunity to use and enjoy the dwelling, including an identifiable relationship, or nexus, between the requested accommodation or modification and the functional limitations caused by the individual's disability; and

(7)

Where applicable, documentation that the requested modification is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.

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, to the extent allowed by law.

D.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation or modification 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. 2023-08, § 43, 5-18-2023)

A.

Requests for reasonable accommodation shall be reviewed by the Community Development Director, using the criteria set forth in Section 9.310.070.

B.

The Community Development Director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the day of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 9.310.070.

C.

If necessary to reach a determination on the request for reasonable accommodation, the Community Development Director may request further information from the applicant consistent with fair housing laws and other provisions of applicable law, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

The request for a reasonable accommodation shall be approved, with or without conditions, if the Community Development Director finds that all of the following findings can be made:

(1)

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

(2)

That the requested accommodation or modification is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

(3)

That the requested accommodation or modification would not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in the fair housing laws and interpretative case law;

(4)

That the requested accommodation or modification would not require a fundamental alteration in the nature of the city's land use, zoning or building program, as "fundamental alteration" is defined the fair housing laws and interpretative case law; and

(5)

That the requested accommodation or modification would not, under the specific facts of the case, result in a direct threat to the health or safety of others or cause substantial physical damage to the property of others.

In making these findings, the Community Development Director may approve alternative reasonable accommodations or modifications that provide an equivalent level of benefit to the applicant.

A.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Community Development Director's findings on the criteria set forth in Section 9.310.070. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth in Section 9.310.090 (Appeals). The notice of decision shall be sent to the applicant by certified mail.

B.

The written decision of the Community Development Director shall be final unless an applicant or another individual appeals the Director's decision. An appeal of the Planning Commission decision to the City Council shall be filed and processed pursuant to Section 9.05.100 and subject to the provisions of Section 9.05.110. No public hearing is required.

C.

If the Community Development Director fails to render a written decision on the request for reasonable accommodation within thirty (30) day time period allotted by Section 9.310.060, the request shall be deemed granted.

D.

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.

In granting a request for reasonable accommodation, the Community Development Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation or modification will comply with the findings required by Section 9.310.070. Conditions may also 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 afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. Revocation procedures shall be as identified in Section 9.240.320.

(Ord. No. 2023-08, § 43, 5-18-2023)

A.

Within twenty (20) days of the date of the Community Development Director's written decision, an applicant or individual may file a written appeal, with the required appeal fee to the Community Development Department. In the event the twentieth day falls on a Saturday, Sunday or city holiday, the appeal and the applicable appeal fee shall be filed with the Community Development Department on or before the close of business on the next city business day thereafter. The written appeal and appeal fee shall be filed on or before the close of business on the last day of the appeal period.

B.

If an individual needs assistance in filing an appeal, the city will provide assistance, upon notice or request, to ensure that the appeals process is accessible.

C.

All appeals shall contain a statement of the grounds for the appeal. 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, to the extent allowed by law.

D.

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

(Ord. No. 2023-08, § 43, 5-18-2023)

A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the city's fee schedule adopted by resolution.

(Ord. No. 2023-08, § 43, 5-18-2023)