A. Purpose and Intent. This section establishes a formalized reasonable accommodation procedure in accordance with State law and is intended to provide equal access to residential housing throughout the city's jurisdiction regardless of an individual's physical or mental abilities.
B. Definitions.
Disabled person. An individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a medical record of having such an impairment. A disabled person does not include individuals currently using controlled substances as defined by federal law.
Fair Housing Law. Existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(l).
Reasonable accommodation. Any request by, or on behalf of, a disabled person for a reasonable deviation from the city's application of its land use or building regulations as set forth in this Code, or as adopted by reference in this Code, in order for such disabled person to use and enjoy a dwelling.
C. Request for accommodation. The Director may approve modifications or exceptions to regulations governing the siting, development, and use of housing or housing-related facilities, or other matters related to zoning and land use, to facilitate reasonable accommodations for persons with disabilities.
1. A disabled person, or their authorized representative, may request reasonable accommodation as specified in this section.
2. Documentation: A request for reasonable accommodation must be filed in a form and manner approved by the zoning administrator, and at a minimum, must include the following:
a. Evidence of the property owner's consent, usually in the form of the owner's signature on the application;
b. A description of how the property will be used by the disabled individual(s), e.g., for residential habitation, and the specific reason that reasonable accommodation is desirable;
c. Evidence of the applicant's need for a reasonable accommodation because of a disability, including, correspondence from a currently licensed healthcare professional or documentation from the California Department of Motor Vehicles demonstrating that the individual qualifies for disabled parking. This information will be maintained as confidential unless needed for this process and/or disclosure required by law.
3. Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
D. Proceedings. Upon accepting a reasonable accommodation request application as complete, the Director, or his/her designee, shall review the application and approve, conditionally approve, or deny the application. The decision shall be communicated in writing to the applicant within thirty (30) days of the application being deemed complete. Any denial must be accompanied by the facts and reasons for denying the application.
E. Requirements. The following requirements must be met 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 or more individuals protected under the Fair Housing Laws.
3. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.
F. Conditions of Approval-General. A reasonable accommodation granted under this section is subject to the following general conditions:
1. The reasonable accommodation applies only to the specific disabled person;
2. Changes in use or circumstances that negates the basis for the reasonable accommodation renders it void:
3. Except as otherwise specifically accommodated pursuant to this section, the approved reasonable accommodation is subject to all uniform building codes as adopted by the city;
4. Reasonable accommodations affecting an exterior physical improvement must be designed to be substantially similar to the architectural character, colors, and texture of materials of its surrounding dwelling units:
5. The zoning administrator may require additional conditions of approval which may be deemed necessary to reconcile the approved reasonable accommodation with other requirements of this Code while still implementing the purpose of this title;
6. Reasonable accommodations do not run with the land; it constitutes a permit issued to a specific disabled person and may be revoked or rendered void as specified in Section 19.14.020 of this title.
G. Application Fee. There shall be no fee for filing an initial application for reasonable accommodation. However, the fee for appealing decisions made pursuant to th is section to the city council shall apply.
(Ord. 2435 §36, Ord. 2439 §181, Ord. 2494 §37, Ord. 2600)