This section provides a procedure to request reasonable accommodation for persons with disabilities seeking access under the Americans with Disabilities Act, Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, procedures, and project entitlement exhibits or conditions of approval.

(Ord. No. 977, Exh. A, A6., 10-11-2011)

A request for reasonable accommodation may be made by any property owner, duly authorized tenant or lessee who desires a waiver from a provision of this Title 17 or to implement improvements to a specific property for the purpose of providing relief when the application of a zoning law or other land use regulation, policy, practice, project entitlement exhibit or condition of approval acts as a barrier to reasonable access. This section 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, practices, and project entitlement exhibits or conditions of approval for the siting, development and use of structures and facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to access housing and places of business. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.83.030.

(Ord. No. 977, Exh. A, A6., 10-11-2011; Ord. No. 1145, § 8, 4-12-2022)

A.

Application. Requests for reasonable accommodation shall be submitted as a written request to the community development director (alternative submission formats may be approved by the community development director should a written application be unduly burdensome). All requests shall include the following information:

1.

The applicant's name, address and telephone number;

2.

The property owners name, address and telephone number;

3.

The street address and assessor's parcel number of the property for which the request is being made, and, if relating to an accommodation for an accessory vehicle, as defined in Section 17.08.130.B.1. of the Rocklin Municipal Code, the vehicle identification number, license plate, and any other identifying information regarding the accessory vehicle requesting to be used as part of the reasonable accommodation as requested by the community development director;

4.

The current actual use of the property;

5.

The basis for the claim that an individual or group of individuals considered disabled under the Acts is being denied reasonable accommodation;

6.

The zoning law, provision, regulation, policy, project entitlement exhibit feature or condition of approval from which reasonable accommodation is being requested;

7.

Why the requested accommodation is necessary to make the specific property accessible to the individual or group of individuals;

8.

Photos, site plans, drawings, and/or other graphics as may be needed to make the proposed changes clear, and, if for an accessory vehicle, a description of the accessory vehicle, including its dimensions, purpose to support the reasonable accommodation, and other information regarding the accessory vehicle as requested by the community development director.

B.

Concurrent Review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.

(Ord. No. 977, Exh. A, A6., 10-11-2011; Ord. No. 1145, §§ 9, 10, 4-12-2022)

A.

Community Development Director. If no approval is sought other than a request for reasonable accommodation, then the request for reasonable accommodation shall be reviewed by the community development director, or his/her designee. The community development director or his/her designee shall make a written determination within five working days and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with Section 17.83.050.

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. The applicable review authority shall make a written determination and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with Section 17.83.050.

(Ord. No. 977, Exh. A, A6., 10-11-2011)

A.

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

1.

Whether the property which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and that the accommodation requested is necessary to make the specific property accessible to the individual or group of individuals with (a) disability(ies) under the Acts;

2.

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit, or if alternative accommodations would be suitable based on the circumstances of this particular case;

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

4.

Whether the requested reasonable accommodation would be consistent with the general plan land use designation of the property which is the subject of the reasonable accommodation request, and with the general purpose and intent in the applicable zoning district;

5.

Whether the requested reasonable accommodation substantially affects the physical attributes of the property.

B.

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in subsection (a) of this section.

(Ord. No. 977, Exh. A, A6., 10-11-2011; Ord. No. 1145, § 11, 4-12-2022)

A determination by the reviewing authority to grant, grant with modifications, or deny a request for reasonable accommodation may be appealed pursuant to Chapter 17.86 of this code.

(Ord. No. 977, Exh. A, A6., 10-11-2011)