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(A) Written findings - The applicant shall be notified of the decision whether to approve, conditionally approve, modify or deny the request for reasonable accommodation through a written determination. The written determination shall be consistent with the Acts and shall be based on the following findings, all of which are required for approval:
(1) The accommodation is requested by or on the behalf of one or more persons with a disability protected under the Acts.
(2) The accommodation is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling unit.
(3) The accommodation will not impose an undue financial or administrative burden on the city.
(4) The accommodation will not result in a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.
(5) The accommodation will not result in a direct threat to the health and safety of other persons or physical damage to the property of others.
(B) Considerations - The director or planning commission may consider, but are not limited to, the following factors in determining whether the requested accommodation is reasonably necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling unit or would result in a fundamental alteration in the nature of the city’s zoning program:
(1) Whether the reasonable accommodation is being provided primarily to benefit one or more persons with a disability.
(2) Whether the reasonable accommodation is necessary for therapeutic benefit to the person(s) with a disability.
(3) Whether granting the requested accommodation would substantially undermine any express purpose of either the city s general plan or an applicable specific plan.
(4) Whether the requested accommodation would significantly deprive any neighboring property owners of the use and enjoyment of their own properties.
(5) Whether there are preferable and/or feasible alternatives to the requested accommodation that may provide an equivalent level of benefit.
(C) Conditions of approval - In granting a request for reasonable accommodation, the director or planning commission may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (A). Conditions of approval for a reasonable accommodation request may, where appropriate, provide for any or all of the following:
(1) Inspection of the affected premises by the city to verify compliance with this division and any conditions of approval;
(2) Removal of the permitted improvements by the applicant where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists; and
(3) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
(Ord. No. 2848, 2926, 3038)
In order to be eligible for consideration for a reasonable accommodation, the property must be in compliance with the then existing laws and regulations otherwise applicable to the property except that which is the subject of the reasonable accommodation request. If the non-compliance is through no fault of the applicant, the director may waive this requirement. However, such a waiver shall not preclude the city from requiring that the existing violations be corrected in accordance with the city code and all applicable rules and regulations.
(Ord. No. 2848)
(A) Administrative permit - A determination by the director regarding a request for reasonable accommodation may be appealed to the hearing officer in accordance with the administrative hearing procedures set forth in article V of chapter 1 of the city code.
(B) Discretionary permit - A determination made by the planning commission for a reasonable accommodation in conjunction with a discretionary land use application may be appealed to the city council by the applicant or any aggrieved person within 18 calendar days of the date of the determination. Such appeal shall be delivered in writing to the city clerk. An appeal fee as set by city council resolution shall be collected from the appellant. The city clerk shall set a hearing date within 30 days of receipt of the appeal. The city council decision shall be final.
(Ord. No. 2848)
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