(A) Purpose. It is the purpose of this section, pursuant to Fair Housing Laws, to provide individuals with disabilities, reasonable accommodation in the application of the city’s rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose of this section is to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is wan-anted based upon sufficient evidence, from the various city laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations.
(B) Definitions.
(1) APPLICANT.
A person, business, or organization making a written request to the city for reasonable accommodation in the strict application of land use or zoning provisions of this Title.
(2) DIRECTOR. The Director of Community Development or his or her designee.
(3) DISABLED OR HANDICAPPED PERSON.
An individual who has a physical or mental impairment that limits one (1) or more of that person’s major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment; but not including an individual’s current, illegal use of a controlled substance.
(4) FAIR HOUSING LAWS.
The “Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604 (f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.
(5) REASONABLE ACCOMMODATION.
Any deviation requested and/or granted from the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the city, in order to afford disabled persons an equal opportunity to use and enjoy a dwelling and to eliminate barriers to housing. Deviations may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; requirements for periodical review by the Director; and such other conditions as the Director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare.
(C) Notice to the Public of Availability of Accommodation Process. The Department shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
(D) Requesting Reasonable Accommodation.
(1) In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this section, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the city.
(2) If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination
regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.
(3) A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the Department, shall be signed by the owner of the property, and shall include the following information:
(a) A description of how the property will be used by the disabled individual(s);
(b) The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped vehicle license plate, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws;
(c) The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and
(d) Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
(e) No filing fee for an original application is required. For appeals, an administrative appeal filing fee must be paid to process the appeal.
(4) A reasonable accommodation application requires a ten-day written notice to all adjacent property owners within a 100-foot radius of the subject property so that their input may be received.
(E) Decision on Application.
(1) The Director shall have the authority to consider and act on any application for a reasonable accommodation. 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 (provided the Director can reasonably make the findings listed in division (F) of this § 23.59.020), (2) grant the accommodation request subject to specified nondiscriminatory conditions (provided the Director can reasonably make the findings listed in division (F) of this § 23.59.020), (3) deny the request, or (4) may refer the matter to the Planning Commission, which shall render a decision on the application in the manner set forth for appeals herein.
(2) Notice of the Director’s meeting to review and act on the application shall be made in writing, ten calendar days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and the abutting property owners.
(3) The notice of determination shall be sent to the applicant by first class mail. All written determinations shall give notice of the right to appeal.
(4) If necessary to reach a determination on any request for reasonable accommodation, the Director may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant responds to the satisfaction of the Director to the request.
(5) If, based upon all of the evidence presented to the Director, the findings required in this section may reasonably be made, the Director, shall grant the requested reasonable accommodation.
(6) A reasonable accommodation that is granted pursuant to this section shall not require the approval of any variance as to the reasonable accommodation.
(7) The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:
(a) That the reasonable accommodation shall only be applicable to particular individual(s); and
(b) That the reasonable accommodation shall only be applicable to the specific use for which application is made; and
(c) That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the city; and
(d) That the reasonable accommodation involving an exterior physical improvement or structure shall be designed to be substantially similar to the architectural character, colors, and texture of materials in the neighborhood or planned unit development in which it is situated; and
(e) That the reasonable accommodation is subject to any and all Building Code Permit and inspection requirements of the city.
(F) Required Findings. The following findings must be made in order to approve a request for reasonable accommodation:
(1) The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.
(2) The request for reasonable accommodation is necessary to make specific housing available to one (1) or more individuals protected under the Fair Housing Laws.
(3) The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.
(4) The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.
(G) Appeals.
(1) Within ten days of the date the Director issues a written determination, any person aggrieved or affected by a decision on an application requesting the accommodation may appeal such determination in writing to the Planning Commission.
(2) If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.
(3) All appeals shall contain a statement of the grounds for the appeal.
(4) No such appeal shall be accepted unless there is, paid contemporaneously with the filing of such letter, an Reasonable Accommodation Permit Appeal processing fee in a sum to be set by resolution of the City Council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the staff shall set the matter for a de novo hearing before the Planning Commission.
(5) The Planning Commission shall hear the matter and render a determination as soon as reasonably practicable. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
(Ord. 4617, passed 5-28-13; Am. Ord. 4735, passed 5-14-18)