This section sets forth the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Housing Act and the California Fair Employment and Housing Acts (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.
.010 Applicability.
.0101 A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.
.0102 A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures regulating the siting, development or use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
.0103 A person with a disability is a person who has a physical or mental impairment that 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 section shall only apply to those persons who are defined as disabled under the Acts.
.020 Application.
.0201 An application for a request for reasonable accommodation shall be filed with the Planning Department, on a form approved by the Planning Director, and shall contain the following information:
.01 Applicant’s name, address, and telephone number;
.02 Address of the property for which the request is being made;
.03 The current actual use of the property;
.04 The basis for the claim that the individual is considered disabled under the Acts.
.05 The zoning code provision, regulation or policy from which reasonable accommodation is being requested.
.06 The length of time the reasonable accommodation is necessary.
.07 Explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual.
.0202 Review with other land use applications.
.01 If the project for which the request for reasonable accommodation is made requires some other discretionary permit or approval, then the applicant shall submit the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedure of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.
.02 Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
.030 Issuance or Denial of Permit. If the Planning Director determines that all provisions of this section are, or will be, complied with, and that all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied.
.040 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).
.050 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within ten (10) days after the date the decision is made.
.060 Findings. A written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall consider all of the following factors:
.0601 That the housing, which is the subject of the request, will be used by a person with a disability as defined in subsection 18.62.090.010, above.
.0602 That the request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined in subsection 18.62.090.010, above.
.0603 That the requested reasonable accommodation would not impose an undue financial or administrative burden on the city.
.0604 That the requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.
.070 Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection .060 Findings. (Ord. 6206 § 6; April 12, 2011.)