In accordance with federal and state fair housing laws, the purpose of this chapter is to provide reasonable accommodations to persons with disabilities in the city's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability equal opportunity to use and enjoy a dwelling.

(Ord. No. 1644, § 2, 7-14-20)

For the purposes of this chapter, the following definitions shall apply:

"Fair housing laws" means: (1) the federal Fair Housing Act (42 U.S.C.§ 3601 et seq.) and (2) the California Fair Employment and Housing Act (Gov't. Code § 12955 et seq.), including amendments thereto and any implementing regulations.

"Person with a disability" means a person who has a medical condition, physical disability or mental disability, as those terms are defined in the fair housing laws.

"Reasonable accommodation" means providing persons with disabilities flexibility in the application of land use and zoning regulations and procedures, or waiving certain requirements, when necessary, to eliminate barriers to housing opportunities. Reasonable accommodations may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would: (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.

(Ord. No. 1644, § 2, 7-14-20)

A.

Review Authority. Requests for reasonable accommodation shall be reviewed only by the following:

1.

Community Development Director or Designee. The community development director or his or her designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a person with a disability within the meaning of this chapter. The community development director or his or her designee may refer the matter to the planning commission, as appropriate.

2.

Planning Commission. The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a person with a disability within the meaning of this chapter, when referred by the community development director (or designee) or when a reasonable accommodation request includes any encroachment into the front yard setback area, results in a building size increase above what is permitted in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested.

(Ord. No. 1644, § 2, 7-14-20)

No advance notice or public hearing is required for a reasonable accommodation requests reviewed by the community development director or his or her designee. Requests for reasonable accommodation subject to review by the planning commission shall require advance notice and a public hearing pursuant to the requirements of Section 18.66.090, Notice of Decision—Appeals in the Rialto Municipal Code.

(Ord. No. 1644, § 2, 7-14-20)

A.

Application. Any person with a disability, or their representative, may apply for a reasonable accommodation. The applicant shall submit a request for reasonable accommodation on a form provided by the City of Rialto Planning Division. The application shall include 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 name and address of the property owner, and the owner's written consent to the application;

4.

The current use and/or activity of the property;

5.

A description of the basis that the individual is considered disabled under the fair housing laws: Identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and any effects on the person's medical, physical or mental limitations;

6.

The policy, program, regulation or standard adopted by the City of Rialto applicable to the request for accommodation, including the development standard or regulation from which reasonable accommodation is being requested;

7.

A description of the specific accommodation request;

8.

A description of the basis by which the accommodation is reasonable and necessary for the needs of the affected person(s) with a disability;

9.

Copies of plans, drawings, pictures, and other supporting data that provide sufficient information to render a decision;

10.

Other reasonable requests for information requested by the city to facilitate the rendering of a decision, consistent with fair housing laws.

B.

Review with Other Related Applications. If the development, project or proposal for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, general plan amendment, zoning code amendment or subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the community development director or his or her designee, before proceeding with the other related applications.

C.

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

(Ord. No. 1644, § 2, 7-14-20)

The reviewing authority shall approve the application, with or without conditions, if it can make the following findings:

A.

Required Findings.

1.

The housing will be used by a person with a disability as defined in this chapter;

2.

The requested accommodation is necessary to make specific housing available to a person with a disability;

3.

The requested accommodation 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

4.

The requested accommodation does not fundamentally alter the intent of adopted city policies, regulations, programs or laws, as "fundamentally alter" is defined in the fair housing laws.

B.

Required Conditions.

1.

An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

2.

A modification approved under this chapter is considered a personal request for accommodation by the applicant and shall not run with the land.

3.

Where appropriate, the applicable reviewing authority may condition its approval on any or all of following:

a.

Periodic inspection of the location, as specified in the application, to verify continued compliance with the provisions of this section and any conditions of approval;

b.

Removal of improvements, where removal would not constitute an unreasonable financial burden, when the expressed need for which the accommodation was granted is no longer necessary;

c.

Time limits and/or expiration of the approval if it can be determined that the applicants' reasons for approving the accommodation no longer exists;

d.

Recordation of a deed restriction requiring removal of the accommodating feature once the need no longer exists;

e.

Methods, design considerations and features that reduce the impact on surrounding uses;

f.

Methods, design considerations and features that preserve the integrity of the property and structures;

g.

Other reasonable accommodations providing an equivalent level of benefit that will not result in an encroachment into required setbacks, permitted exceedance of height limits, lot coverage or floor area ratio requirements specified for the applicable zoning district; and

h.

Other conditions necessary to protect the public health, safety and welfare of Rialto residents.

(Ord. No. 1644, § 2, 7-14-20)

A.

The community development director or his or her designee shall render a written decision or refer the matter to the planning commission within thirty days after the application is deemed complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in Section 18.107.060. The decision shall be in writing and mailed to the applicant and to all residents and property owners within three hundred feet of the project site.

B.

If the application for reasonable accommodation involves other discretionary actions or decisions, the reviewing authority for that decision shall accept as final the determination regarding reasonable accommodation by the community development director or designee, unless the reasonable accommodation request has been referred by the community development director or designee to the planning commission for consideration.

C.

If the application for reasonable accommodation is referred to, or reviewed by, the planning commission, a decision to approve, approve with conditions or deny the application shall be rendered within twenty business days after the close of the public hearing, based on the findings set forth in Section 18.107.060.

(Ord. No. 1644, § 2, 7-14-20)

Any adverse decision on an application under this chapter shall be subject to the following:

A.

The decision of the community development director or planning commission shall become final and binding thirty calendar days after the rendering of the decision unless within such thirty-day period an appeal in writing is filed as provided in Chapter 18.68 of this title.

B.

All written appeals shall contain a statement of the grounds for the appeal. Any information identified by the applicant as confidential shall be retained in a manner so as to protect the applicant's rights under local, state and federal law.

(Ord. No. 1644, § 2, 7-14-20)