Los Banos City Zoning Code
ARTICLE 46
REASONABLE ACCOMMODATION
§ 9-3.4601 Purpose and intent.
It is the policy of the City of Los Banos, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, 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. This article establishes a procedure for making request for reasonable accommodation in 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.
(§ 1, Ord. 1181, eff. May 1, 2020)
§ 9-3.4602 Applicability.
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 and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
An individual with a disability is 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.
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 barrier to fair housing opportunities.
(§ 1, Ord. 1181, eff. May 1, 2020)
§ 9-3.4603 Notice to the public of availability of accommodation process.
Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter 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.
(§ 1, Ord. 1181, eff. May 1, 2020)
§ 9-3.4604 Requesting reasonable accommodation.
(a)
In order to make housing available to an individual with a disability, any eligible person as defined in Section 9-3.4602 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 and provide the following information:
(1)
Name and address of the individual(s) requesting reasonable accommodation;
(2)
Name and address of the property owner(s);
(3)
Address of the property for which accommodation is requested;
(4)
Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and
(5)
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
(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)
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 obligation 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 jurisdiction will provide assistance to ensure that the process is accessible.
(§ 1, Ord. 1181, eff. May 1, 2020)
§ 9-3.4605 Reviewing authority.
(a)
Requests for reasonable accommodation shall be reviewed by the "reviewing authority," using the criteria set forth in Section 9-3.4606.
(b)
The reviewing authority shall issue a written decision on a request for reasonable accommodation within 30 days of the date of the application and may either grant, grant modifications, or deny a request for reasonable accommodation in accordance with the required findings set for in Section 9-3.4606.
(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.
(§ 1, Ord. 1181, eff. May 1, 2020)
§ 9-3.4606 Required findings.
The written decision to grant, grant modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
(a)
Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
(b)
Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
(c)
Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and
(d)
Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.
(§ 1, Ord. 1181, eff. May 1, 2020)
§ 9-3.4607 Written decision on the request for reasonable accommodation.
(a)
The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in Section 9-3.4606. 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 below. The notice of decision shall be sent to the applicant by certified mail.
(b)
The written decision of the Community and Economic Development Director shall be final unless an applicant appeals it to the Planning Commission.
(c)
If the reviewing authority fails to render a written decision on the request for reasonable accommodation with the 30 day time period allotted by Section 9-3.4606 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 the full force and effect.
(§ 1, Ord. 1181, eff. May 1, 2020)
§ 9-3.4608 Appeals.
The decision of the Community and Economic Development Director may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 1, Ord. 1181, eff. May 1, 2020)