It is the policy of the city to comply with the Federal Fair Housing Act, the Americans with Disabilities Act and the California Fair Employment and Housing Act (collectively, "Acts") to provide reasonable accommodation in rules, policies, practices, and procedures for persons with disabilities seeking fair access to housing. The city also recognizes the importance of sustaining and enhancing neighborhoods. In determining whether a requested modification in rules, policies, practices, and procedures is reasonable, the city will consider, among other relevant factors, the extent to which the requested modification might be in conflict with the legitimate purpose of its existing zoning or subdivision regulations. The purpose of this chapter is to provide a process for individuals to request reasonable accommodation in regard to relief from the city's various land use, zoning, or building rules, policies, practices, and procedures, and for the city to evaluate such requests.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Eligible applicants.

1.

A request for reasonable accommodation may be made by any person with a disability, his or her representative, or a housing provider for people with disabilities when the city's regulations, policies, or practices act a barrier against a disabled person being able to enjoy a dwelling.

2.

A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities. While a person recovering from substance abuse is considered a person with a disability, a person who is currently engaging in the current use of controlled substances is not.

B.

Eligible requests.

1.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his or her choice.

2.

Any person lacking fair housing opportunities due to the disability of existing or proposed residents, may request a reasonable accommodation in the city's rules, policies, practices, and procedures. The planning department will provide a form to individuals who wish to request reasonable accommodations.

3.

The planning department will provide the assistance necessary to an applicant or representative making a request for reasonable accommodation. A request for reasonable accommodation may be made orally or in writing.

4.

If the request for reasonable accommodation is related to a project that requires an application for an additional approval, permit or entitlement, the applicant shall file the request for reasonable accommodation along with such additional application for approval, permit or entitlement.

(Ord. No. 244-21, § 1, 7-21-2021)

The planning department shall provide an applicant requesting reasonable accommodation an application form that asks for the following information:

A.

Applicant's name, address and telephone number;

B.

The physical address of the property for which the request is being made;

C.

Name, address and telephone number of property owner;

D.

The current actual use of the property;

E.

The code provision, regulation, policy, or procedure from which accommodation is requested;

F.

A statement and documentation describing why the requested accommodation is reasonably necessary to make the specific housing available to the applicant, including information establishing that the applicant is disabled under applicable laws. Any information related to a disability status and identified by the applicant as confidential shall be retained in a manner so as to respect the applicant's privacy rights and shall not be made available for public inspection;

G.

If applicable, plans showing the details of the proposed use to be made of the land or building; and,

H.

Such other relevant and permissible information as may be requested by the city planner or his or her designee.

(Ord. No. 244-21, § 1, 7-21-2021)

A.

Request authority. A request for a reasonable accommodation shall be reviewed, and a determination shall be made, by the city planner or his or her designee. When a request for reasonable accommodation is filed with the city, it shall be referred to the city planner for review and consideration.

B.

Director's review. The city planner shall make a written determination within thirty days following the submittal of a completed application and either approve, approve with conditions, or disapprove a request for reasonable accommodation in compliance with the findings and decisions below.

C.

Findings and decisions. The written decision to approve, approve with conditions, or disapprove a request for reasonable accommodation shall be based on consideration of all the following factors:

1.

Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Acts;

2.

Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3.

Need for the requested modification, including alternatives that may provide an equivalent level of benefit;

4.

Physical attributes of, and any proposed changes to, the subject property and structures;

5.

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

6.

Whether the requested modification would constitute a fundamental alteration of the city's zoning or building laws, policies, procedures, or subdivision program;

7.

Whether the requested accommodation would result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhood; and,

8.

Any other factor that may bear on the request.

D.

Written decision. The written decision on the request for a reasonable accommodation shall include written findings and conclusions addressing the criteria set forth in this section, and shall be subject to appeal. The city planner shall issue a written determination to the applicant, which shall include notice of the right to appeal the determination. The notice of decision shall be sent to the applicant, or any other person requesting notice, by certified mail, return receipt requested.

E.

If necessary to reach a determination on the request for reasonable accommodation, the city planner may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant responds to the request.

F.

An approval of a request for reasonable accommodation shall not have any force or effect until applicant acknowledges receipt of the approval and agrees in writing to each and every term and condition thereof.

(Ord. No. 244-21, § 1, 7-21-2021)

The written decision of the city planner shall be final unless appealed. Within thirty days from the date the city planner issues a written decision, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination. Any other interested person not satisfied with the decision may file an appeal within seven days from the date the written decision was rendered. All appeals shall contain a statement of the grounds for the appeal. Appeals shall be made to a hearing officer appointed by the city administrator who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty days after an appeal has been filed. Following the filing of an appeal, the hearing officer shall hold a public hearing on the matter. All determinations on an appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. No. 244-21, § 1, 7-21-2021)

Any approval or conditional approval of an application filed pursuant to this chapter may provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 244-21, § 1, 7-21-2021)

There shall be no fee in connection with the filing of a request for reasonable accommodation. If the request for reasonable accommodation is filed concurrently with an application for an additional approval, permit or entitlement, the applicant shall pay only the fee for the additional approval, permit or entitlement.

(Ord. No. 244-21, § 1, 7-21-2021)