This chapter is intended to establish a formal procedure for an individual with a disability seeking equal access to housing to request a reasonable accommodation as provided by the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, and to establish criteria to be used when considering these requests. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities.

(Ord. No. 4225, 7-20-2009)

"Acts" means the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act.

"Individual with a Disability" means a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or, anyone who has a record of that type of impairment.

(Ord. No. 4225, 7-20-2009)

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a building standard, zoning or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Chapter is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, construction 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. Requests for reasonable accommodation shall be made in the manner prescribed by Section 20.239.025 (Application Requirements).

(Ord. No. 4225, 7-20-2009)

(A)

Application.

Requests for reasonable accommodation shall be submitted on an application form provided by the Planning and Building Department, or in the form of a letter, to the Planning and Building Department Director, and shall contain the following information:

(1)

The applicant's name, address and telephone number.

(2)

Address of the property for which the request is being made.

(3)

The current actual use of the property.

(4)

The basis for the claim that the individual is considered disabled under the Acts.

(5)

The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

(6)

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(B)

Review with other land use applications.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to; conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by Subsection A together for concurrent review with the application for discretionary approval.

(Ord. No. 4225, 7-20-2009)

(A)

Requests for reasonable accommodation shall be reviewed by the Chief Building Inspector, or his designee if no approval is sought other than the request for reasonable accommodation.

(B)

Other Review Authority.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. No. 4225, 7-20-2009)

(A)

The Chief Building Inspector, or his designee, shall make a written determination within forty-five (45) days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 20.239.040 (Findings and Decision).

(B)

Other Reviewing Authority.

The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application 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 20.239.040 (Findings and Decision).

(Ord. No. 4225, 7-20-2009)

(A)

Findings.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

(1)

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts.

(Ord. No. 4225, 7-20-2009)

(A)

Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision to the Director of Planning and Building Services. Appeals from the adverse decision shall be made in writing.

(B)

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance 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.

(D)

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

(Ord. No. 4225, 7-20-2009)