This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 660, § 1, 5-11-2010)

A.

"Director" shall mean the planning director or his designee.

B.

"Disabled person" shall mean a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926, anyone who is regarded as having such a condition, or anyone who has record of having such a condition. It includes a person or persons with a disability, a property owner seeking to provide fair housing opportunities to a disabled person, and an authorized representative of a disabled person if acting on behalf of the disabled person and in order to secure fair housing opportunities for the disabled person. The term "disabled person does not include a person who is currently using illegal substances.

C.

"Fair Housing Law" and/or the "Acts" shall mean the Federal Fair Housing Act and the California Fair Employment and Housing Act, including amendments to those Acts.

D.

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It 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 or expense on the city; (2) require a fundamental alteration in the nature of the city's land use and zoning regulations; or (3) pose a health or safety hazard.

(Ord. No. 660, § 1, 5-11-2010)

A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of any zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Request for reasonable accommodation shall be made in the manner prescribed by Section 17.57.040 (application requirements).

(Ord. No. 660, § 1, 5-11-2010)

A.

Requests for reasonable accommodation shall be submitted on an application form provided by the planning department, or in the form of a letter to the director and shall contain the information below. No fee shall be charged for processing of an application for reasonable accommodation, except that building plan check and permit fees shall apply.

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 name and address of the property owner, and the owner's written consent to the application.

5.

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

6.

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

7.

Description of why the reasonable accommodation is necessary to make the specific property accessible to the individual.

8.

Plans including, but not limited to, a site plan, survey, plot plan, elevation drawings, floor plans and roof plan indicating the proposed accommodation.

9.

Copies of correspondence, pictures, or background information reasonably necessary to evaluate the need for the accommodation.

10.

Other supportive information deemed necessary by the director to facilitate proper consideration of the request, consistent with fair housing laws.

B.

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.

(Ord. No. 660, § 1, 5-11-2010)

A.

Planning Director. Requests for reasonable accommodation may be ministerially reviewed by the director for disabled access ramps and/or lifts that are architecturally compatible with the home and/or for widened doorways for disabled access, provided no approval is sought other than the request for reasonable accommodation. The director may, at his discretion, refer an application to the planning commission for review. A notice or public hearing shall not be required for reasonable accommodation requests subject to the director's review.

B.

Planning Commission. Any request for reasonable accommodation other than those described in 17.57.050(A) shall be reviewed by the planning commission. In addition, if the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant shall file the information required by 17.57.040(A) together for concurrent review with the application for discretionary approval.

(Ord. No. 660, § 1, 5-11-2010)

A.

Upon submittal, all requests for reasonable accommodation shall be reviewed by the city attorney to determine compliance with applicable laws.

B.

Director Review. The director, or his designee, shall render a written determination to approve, approve with modifications, or deny a request for reasonable accommodation or shall refer the matter to the planning commission within thirty days of the date of application. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request. A determination to approve, approve with modifications, or deny a request for reasonable accommodation shall be in accordance with Section 17.57.070 (Findings and Decisions).

C.

Planning Commission Review. The written determination on whether to approve or deny the request for reasonable accommodation shall be made by the planning commission where the matter meets the conditions described in 17.57.050(B) or where the matter has been referred to the planning commission by the director. the written determination to approve or deny the request for reasonable accommodation shall be made in accordance with Section 17.57.070 (Findings and Decisions).

(Ord. No. 660, § 1, 5-11-2010)

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:

A.

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

B.

Whether the accommodation requested is necessary to make specific housing available to an individual with a disability under the Acts.

C.

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

D.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

E.

Potential impact on surrounding uses.

F.

Physical attributes of the property and structures.

G.

Alternative reasonable accommodations which may provide an equivalent level of benefit.

(Ord. No. 660, § 1, 5-11-2010)

A.

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

B.

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

C.

In granting a request for reasonable accommodation, the reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by this section including the following:

1.

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval, provided the property owner or occupant has consented to the inspection.

2.

Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists, unless an application for the permanent location of the reasonable accommodation on the property has been granted by the planning commission.

3.

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.

4.

Execution of an agreement and/or recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists or if the property transfers.

5.

Measures to reduce the impact on surrounding uses.

6.

Other reasonable accommodation that may provide an equivalent level of benefit and/or that will result in a lesser deviation from requirements specified for the zone district.

7.

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

(Ord. No. 660, § 1, 5-11-2010)

A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the planning commission if the determination was made by the planning director or to the city council if the determination was made by the planning commission.

(Ord. No. 660, § 1, 5-11-2010)