Tulare City Zoning Code

   In order to make specific housing available to one or more individuals with disabilities, this chapter implements the policy of the city on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B). The policy of the city is to comply fully with the provisions of the Fair Housing Act.

(Ord. 2025-01, passed 1-7-2025)

   For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Any person with disabilities and eligible under the Fair Housing Act or their representative may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices, and/or procedures of the city as provided by the Fair Housing Act pursuant to the procedures set out in this chapter.

   (B)   Nothing in this chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this chapter.

(Ord. 2025-01, passed 1-7-2025)

   The Department shall prominently display a notice at the counter in the Community Development Department and Finance Department advising that persons with disabilities or their representatives may request a reasonable accommodation in accordance with the procedures established in this chapter.

(Ord. 2025-01, passed 1-7-2025)

   (A)   A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices, and/or procedures may be made orally or in writing. The Department will assist the applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request.

   (B)   The Department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The Department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Should the information provided by the applicant to the Department include medical information or records of the applicant, including records indicating the medical condition, diagnosis, or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the Department, to the extent allowed by law, treat such medical information as confidential information of the applicant.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The applicant shall submit a request for reasonable accommodation in a form acceptable to the Department. The application shall include the following information:

      (1)   The applicant's name, address, and telephone number.

      (2)   The 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 actual use of the property.

      (5)   The basis for the claim 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 its effects on the person's medical, physical or mental limitations.

      (6)   The rule, policy, practice, and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested.

      (7)   The type of accommodation sought.

      (8)   The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation.

      (9)   Copies of memoranda, correspondence, pictures, plans, or other background information reasonably necessary to reach a decision regarding the need for the accommodation.

   (B)   If the project for which the reasonable accommodation is being requested also requires some other discretionary permit per this title or Chapter 8.24 (Subdivisions), then the reasonable accommodation request shall be acted on before proceeding with the public hearing for the discretionary permit applications.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The Director shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the director/designee for review and consideration. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request; or (2) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds for denial. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested, and by regular mail.

(Ord. 2025-01, passed 1-7-2025)

   (A)   A determination on the following findings shall be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:

      (1)   Whether the housing that is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under federal fair housing laws.

      (2)   Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling.

      (3)   Whether the requested accommodation would require a fundamental alteration to the city's zoning scheme.

      (4)   Whether the requested accommodation would impose undue financial or administrative burdens on the city.

   (B)   A request for a reasonable accommodation shall not be denied for reasons that violate the provisions of the Fair Housing Act. This ordinance does not obligate the city to grant any accommodation request unless required by the provisions of the Fair Housing Act or applicable California State law.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The applicant may appeal the decision within 30 days of the date of the mailing of the decision to the applicant.

   (B)   Appeals shall contain a statement of the grounds for the appeal.

   (C)   If an applicant needs assistance in appealing a decision, the department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.

   (D)   Appeals shall be to the City Council who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 30 days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in § 10.92.090 and shall be consistent with the Fair Housing Act.

   (E)   An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

(Ord. 2025-01, passed 1-7-2025)

   There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter or an appeal of the decision. Nothing in this chapter obligates the city to pay an applicant's attorney fee.

(Ord. 2025-01, passed 1-7-2025)

   While an application for reasonable accommodation or appeal of said application is pending before the city, the city will not enforce the subject zoning ordinance against the applicant.

(Ord. 2025-01, passed 1-7-2025)