It is the purpose of this chapter, in compliance with the fair housing laws, to provide a procedure to evaluate requests for reasonable accommodation related to specific applications of the zoning law in order to ensure that no person is discriminated against because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, as required by federal and/or state law, by being denied an equal opportunity to use and enjoy their dwelling and to authorize the application of exceptions to the city's zoning law and land development standards, if warranted. (Ord. 2656 § 1, 2007)

The following words and phrases, whenever used in this chapter, shall have the following meanings:

   APPLICANT: The person, business, or organization which has applied to the city for a permit for a project on the subject property and which is making a request for reasonable accommodation pursuant to this chapter.

   DWELLING OCCUPANT: The person who will occupy the subject property and who is protected under the fair housing laws.

   FAIR HOUSING LAWS: Section 42 United States Code section 3604(f)(3)(B) and California Government Code sections 12927(C)(1) and 12955.1, as those provisions now exist and as they may be amended from time to time.

   PERSON WITH DISABILITY OR HANDICAP: Any person who has a physical or mental impairment that substantially limits one or more major life activities, or any person having a record of such an impairment, but such term does not include current, illegal use of, or an addiction to, a controlled substance. (Ord. 2656 § 1, 2007)

   A.   Any person with a disability may submit an application for reasonable accommodation to the city's residential development standards by submitting an application to the city's community development director, or his or her designee, on a form provided by the city.

   B.   The following information shall be provided in the application:

      1.   The applicant's name, mailing address and daytime phone number(s) (and/or representatives) if so applicable;

      2.   Notarized written consent of the owner of the subject property if the applicant is not the owner;

      3.   The address of the property for which the request is being made;

      4.   A map showing county of San Bernardino assessor's parcel numbers for all properties within a three hundred foot (300') radius of the subject property;

      5.   The specific zoning code, law, regulation, procedure or policy of the city from which relief is sought;

      6.   An explanation of why the specified zoning code, law, regulation, procedure or policy is preventing, or will prevent, the applicant's use and enjoyment of the subject property;

      7.   The nature of the accommodation requested;

      8.   A site plan or illustrative drawing showing the proposed accommodation; and

      9.   The basis for the claim that the fair housing laws consider the applicant as protected (applicant should submit a letter from a medical doctor, handicap license, or other similar supportive evidence). (Ord. 2656 § 1, 2007)

   A.   A filing fee or an appeal fee, as applicable and in the amounts established by city council resolution, shall be paid at the time of the filing of an application or at the time of filing an appeal pursuant to this chapter.

   B.   If an applicant requires assistance in completing the application, the city shall provide reasonable assistance to ensure that the application process is accessible to the applicant. (Ord. 2656 § 1, 2007)

   A.   Notice of the filing of an application for reasonable accommodation shall be mailed to the owners of record of all properties within three hundred feet (300') of the property which is the subject of the application.

   B.   The notice shall set forth the address of the subject property, the specific zoning code, law, regulation, procedure or policy from which relief is being requested, and the nature of the accommodation requested. The notice shall also inform surrounding property owners that they may contact the city's community development director, or his or her designee, in order to request written notice of any decisions made, or hearings scheduled, regarding the application.

   C.   Any property owner making a request for such written notice shall be deemed an "interested person" for purposes of this chapter. (Ord. 2656 § 1, 2007)

The request for reasonable accommodation shall be considered by the community development director, who may deny, approve or conditionally approve the request. The community development director may also refer the request for reasonable accommodation, in his or her sole discretion, to the city committee responsible for granting minor exception permits pursuant to section 18.168.060 of this title. Such referrals, if made, shall occur within fifteen (15) days after the community development director's receipt of a complete application. The committee shall act in the capacity of the community development director in such cases, as authorized by, and in accordance with the requirements of this chapter and section 18.168.060 of this title. (Ord. 2656 § 1, 2007)

The following findings shall be made, and the community development director, or the committee acting in the capacity of the community development director if applicable, shall approve an application upon a showing of all of the following:

   A.   The person who will use the subject property is protected under the fair housing laws;

   B.   The requested exception to the zoning code, law, regulation, procedure or policy is necessary to make specific housing available to persons occupying the subject property;

   C.   The requested accommodation will not impose an undue financial or administrative burden on the city; and

   D.   The requested accommodation will not require a fundamental alteration of the city's zoning or building laws, policies and/or procedures. (Ord. 2656 § 1, 2007)

Within thirty (30) days after acceptance of a complete application for reasonable accommodation the community development director or, if referred to the committee established pursuant to section 18.168.060 of this title, within ten (10) days after such committee's decision, the community development director shall provide the applicant with written notification of the decision regarding the request, including any reasonable conditions. (Ord. 2656 § 1, 2007)

Within ten (10) days of the date of any decision made pursuant to section 18.06.080 of this chapter, any person aggrieved or affected by a decision of the community development director, or the committee established by section 18.168.060 of this title, in granting or denying a request for reasonable accommodation may appeal the decision to the city council. The city council may, if determined to be in the public interest to do so, appeal any decision rendered pursuant to this chapter at its next regularly scheduled meeting following such decision. Notice of the city council hearing on the appeal should be made in accordance with section 18.06.050 of this chapter. If a decision denying a reasonable accommodation is reversed, or a decision granting a reasonable accommodation is modified, the city council shall make the required findings as prescribed in section 18.06.070 of this chapter. (Ord. 2656 § 1, 2007)