This chapter's purpose is to provide a procedure to make requests for reasonable accommodation of City of Pismo Beach land use regulations and policies to comply with the intent and purpose of United States and California Fair Housing Laws and City of Pismo Beach General Plan policy HE-30. The city intends to provide reasonable accommodation of its land use rules, policies, practices and procedures to provide for equal access to housing for individuals with physical or mental conditions that limit movement, senses or activities.

(Ord. O-2013-001 § 1 (part), 2013)

   A.   “Applicant” means an individual with a physical or mental condition that limits movements, senses, his or her representative, or a developer or provider of housing for the applicant. This definition applies when the application of a zoning or other land use regulation, policy, practice or procedure acts as a barrier to fair housing opportunities for individual(s) with physical or mental conditions that limit movement, senses or activities and substantially limits one or more major life activities.

   B.   “Coastal resources” means special marine and land habitat areas, wetlands, lagoons, and estuaries, areas possessing significant recreational value, highly scenic areas, archaeological sites, significant coastal visitor destination areas, areas that provide existing coastal housing or coastal recreational opportunities for low and moderate income persons, and areas where division of land could substantially impair or restrict coastal access.

   C.   “Director” means the community development director, or his/her designee.

   D.   “Fair Housing Laws” means the “Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(1), as any of these statutory provisions now exist or may be amended from time to time.

   E.   “Local Coastal Plan” means the City of Pismo Beach Local Coastal Plan.

   F.   “Reasonable accommodation” or “accommodation” means providing flexibility in the application of zoning or other land use regulations, policies, practices and procedures, or waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities for individuals with physical or mental conditions that limit movement, senses or activities.

   G.   “Reviewing authority” means the community development director, or his/her designee, or the planning commission, as determined in compliance with Section 17.100.050.

(Ord. O-2013-001 § 1 (part), 2013)

   Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters that accept planning and building applications, advising the public of the availability of the procedure for eligible individuals. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with physical or mental conditions that limit movement, senses or activities or their representative may be entitled to a reasonable accommodation. Forms for requesting reasonable accommodation shall be available to the public in the community development department.

(Ord. O-2013-001 § 1 (part), 2013)

   A.   In order to make housing available to an individual with physical or mental conditions that limit movement, senses or activities, an applicant may request a reasonable accommodation in zoning and other land use regulations, policies, practices and procedures.

   B.   All requests shall be limited to the minimum reasonable accommodation that the applicant believes is necessary to accommodate his or her limited movement, senses or activities. Requests for reasonable accommodation shall be in writing and provide the following information:

   1.   Name and address of the applicant;

   2.   Name and address of the property owner(s);

   3.   Address of the property for which accommodation is requested;

   4.   The current use of the property for which accommodation is requested;

   5.   Description of the requested accommodation, and the regulation(s), policy or procedure for which accommodation is sought, which could include site plans, floor plans, and/or details as necessary to define the extent of the accommodation;

   6.   The basis for the claim that the Fair Housing Laws apply to the individual(s) with physical or mental conditions that limit movement, senses or activities noted to support the claim. The claim may be in the form of a letter from the medical doctor or other licensed healthcare professional, or other appropriate evidence;

   7.   Reason that the requested accommodation may be necessary for the individual(s) to use and enjoy the property; and

   8.   How the property will be used by the subject applicant and/or individual(s).

   C.   Any medical or health information identified by the applicant as confidential shall be retained by the city in a manner so as to respect the privacy rights of the individual 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 applicant's obligation to comply with other applicable regulations not at issue in the requested reasonable 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.

   F.   The fee for an application for reasonable accommodation shall be established by resolution of the city council.

(Ord. O-2013-001 § 1 (part), 2013)

   A.   Requests for reasonable accommodation shall be reviewed by the director, except requests that are integral to a larger development project application shall, at the discretion of the director, be reviewed by the planning commission.

   B.   The reviewing authority shall issue a written decision to grant, grant with modification, or deny a request for reasonable accommodation that shall be consistent with Fair Housing Laws and be consistent with the following criteria:

   1.   The housing, which is the subject of the request for reasonable accommodation, will be used by individual(s) with physical or mental conditions that limit movement, senses or activities who are protected under Fair Housing Laws;

   2.   The requested accommodation is necessary to make housing available to individual(s) with physical or mental condition that limits movements, senses or activities under the Fair Housing Laws;

   3.   The requested accommodation would not impose an undue financial or administrative burden on the city;

   4.   The requested accommodation would be consistent with the neighborhood character and would not require a fundamental alteration in the nature of the city's land use and zoning program/local coastal plan and land use program;

   5.   The requested accommodations will not negatively impact coastal resources;

   6.   The requested accommodation would not impose an undue hardship on the health, safety or welfare of the subject property owner/occupant or adjacent property owners.

(Ord. O-2013-001 § 1 (part), 2013)

   A.   The reviewing authority shall consider and act on requests for reasonable accommodations and shall issue a written decision on the request within thirty (30) calendar days of the date of the application. The reviewing authority may either grant with modifications, or deny a request for reasonable accommodation. This written decision shall explain in detail the basis of the decision consistent with the criteria set forth in Section 17.100.050. 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 17.100.070. The notice of decision shall be sent to the applicant by certified mail. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required. If additional information is required, a new thirty (30) calendar day period for the reviewing authority's written decision will be triggered upon submittal of new information.

   B.   The written decision of the reviewing authority shall be final unless the applicant appeals in accordance with Section 17.100.070.

   C.   If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) calendar day time period the request shall be deemed denied.

   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.   If a reasonable accommodation request is granted, an applicant shall nevertheless have to obtain all other applicable zoning, land use, and building approvals.

(Ord. O-2013-001 § 1 (part), 2013)

   An applicant may appeal any decision of the reviewing authority regarding an application for reasonable accommodation to the city manager, except where the decision is made by the planning commission in conjunction with a larger development project application, wherein the appeal shall be considered by the city council. All such appeals shall be heard and processed as set forth in Chapter 17.121 of the Pismo Beach Municipal Code.

(Ord. O-2013-001 § 1 (part), 2013)