In accordance with federal and state fair housing laws, it is the purpose of this chapter to provide reasonable accommodations 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.

In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards, practices, and land use regulations, and policies for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a persons with a disability equal opportunity to housing of their choice.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts.

(Ord. No. 16-137, 7-15-2015)

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

"Disabled person" means 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 a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability (42 U.S.C. 3602(h)).

"Fair housing laws" or "the Acts" means (1) the federal Fair Housing Act (42 U.S.C. § 3601 and following) and (2) the California Fair Employment and Housing Act (Gov't. Code § 12955 and following), including amendments thereto.

"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, handrail s 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. 16-137, 7-15-2015)

A.

Community Development Director or Designee. The community development director or designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The community development director or designee may refer the matter to the planning commission, at his or her discretion, when a reasonable accommodation request includes the following items, but not limited to: any encroachment into the setback areas, results in a building size increase above what is permitted in the applicable zoning district with respect to height, lot coverage, or whenever a reduction in required parking is requested.

B.

Planning Commission. The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the community development director.

(Ord. No. 16-137, 7-15-2015)

A public hearing is not required for a reasonable accommodation request reviewed and decided upon by the community development director. Upon deeming the application complete, the planning department shall send a notice to the applicant, property owner, the owners and tenants of property of the five parcels located closest to the subject property, and to all members of the planning commission. The notice shall indicate the date upon which the community development director will act on the permit and the intended action to be taken by the community development director. Such notices shall be mailed, via first class mail, a minimum of fifteen days prior to date that action is to be taken. Requests for reasonable accommodation subject to review and decision by the planning commission shall require a public hearing pursuant to the advance noticing requirements of Chapter 17.50 of the Scotts Valley Municipal Code.

(Ord. No. 16-137, 7-15-2015)

A.

Application. The applicant shall submit a request for reasonable accommodation on a form provided by the City of Scotts Valley planning department. The application shall include the following information, and shall be filed with the planning department, accompanied by any required fee:

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 Scotts Valley 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 disabled person(s);

9.

Copies of plans, drawings, pictures, and/ other supporting data that provide sufficient information to render a decision (plans and drawings will be to standard scale);

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 and/or design review), then the applicant shall submit the reasonable accommodation application for a determination by the community development director, at the same time with the other applications.

C.

Required Fees. Any fee required for an application for reasonable accommodation shall be set by resolution of the city council.

(Ord. No. 16-137, 7-15-2015)

The decision to approve, approve with conditions, or deny an application for reasonable accommodation shall be based on a finding of consistency within the meaning of this chapter and shall take into consideration all of the following factors:

A.

Required Findings.

1.

The housing or housing related facilities will be used by an individual with a disability under the Acts;

2.

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

B.

Development Standards and Conditions.

1.

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

2.

An approved reasonable accommodation request under this chapter is considered a personal request for accommodation by the applicant and shall not run with the land. The reasonable accommodation shall terminate upon any sale, transfer, lease or other conveyance of the property.

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.

Prior to any sale, transfer, lease or other conveyance of the property, or at the time the need for the reasonable accommodation is no longer necessary, the owner of the property shall bring the property into conformance with the city's Zoning Code to the extent that relief was provided under the Zoning Code as part of the request for reasonable accommodation;

c.

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

d.

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

e.

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

f.

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

g.

Other reasonable accommodations providing an equivalent level of benefit they 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 Scotts Valley residents.

(Ord. No. 16-137, 7-15-2015; Ord. No. 16.142, § 71, 12-4-2024)

A.

Decision by Community Development Director. The community development director shall render a decision (or refer the matter to the planning commission) within thirty days after the planning department determines the application is complete, per application requirements set forth in Section 17.60.050.A. of this chapter. The application shall be approved, approved with conditions, or denied, based on the findings set forth in Section 17.60.060. The city shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the community development director's finding on the factors stated in Section 17.60.060.

B.

Decision by Planning Commission. 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 decided at the scheduled public hearing, based on the findings set forth in Section 17.60.060.

(Ord. No. 16-137, 7-15-2015)

Any decision on an application under this chapter shall be subject to appeal pursuant to Section 17.50.060 (Appeals) of the Scotts Valley Municipal Code.

(Ord. No. 16-137, 7-15-2015)