The purpose of this chapter is to provide a process for reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and practices.
(Ord. 482-13 § 2, 2013)
In order to make specific housing available to an individual with a disability, any person may request 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 housing of their choice.
A person with a disability is a person who has a physical or mental impairment that limits or 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 chapter applies only to those persons who are defined as disabled under the Acts.
(Ord. 482-13 § 2, 2013)
A. Application Contents. Applications for reasonable accommodation shall contain the following:
1. Certification and documentation that the applicant is a person with disability or representing a person(s) with disability.
2. The name and address of the person requesting reasonable accommodation.
3. The name and address of the property owner(s).
4. A description and diagram depicting the reasonable accommodation requested by the applicant.
5. An explanation of how the requested accommodation is necessary to provide the person(s) with disability equal opportunity to use and enjoy the residence.
6. The director may request additional information from the applicant if the application does not provide sufficient information to make the findings required in Section E.
7. Fee as established through the city's fee schedule, if the project requires another discretionary permit, the fee(s) for all other discretionary permits shall be paid.
8. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure the process is accessible.
B. Other Discretionary Permits. If a project, for which the request for reasonable accommodation is being made, also requires some discretionary permit(s) or approval(s), the application may be submitted and reviewed at the same time as the related permit(s) or approval(s).
(Ord. 482-13 § 2, 2013)
The director may approve, conditionally approve, or deny a reasonable accommodation request, with ten-day public notice to adjacent property owners, subject to the Findings in 16.73.050(A). The director may refer the application to the planning commission.
(Ord. 482-13 § 2, 2013)
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