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(a) Requests for reasonable accommodation shall be initiated by submitting a completed application form to the Director of Planning and Development Services, signed by the property owner, together with the appropriate fee, as established by resolution adopted by the city council, and shall be filed in the office of the planning division of the Department of Planning and Development Services. The following information shall be included with the application:
(1) The applicant’s name, address and telephone number;
(2) Address of the property for which the request is being made;
(3) The current use of the property;
(4) The basis for the claim that the individual is considered disabled under the Acts, including supporting medical documentation from a qualified medical expert in support of the request for accommodation;
(5) The zoning code provision or other city regulation or policy from which the reasonable accommodation is being requested; and
(6) An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual.
(b) Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
(c) A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
(d) If an individual needs assistance in making the request for reasonable accommodation, the Planning and Community Environment Department will provide assistance to ensure that the process is accessible.
(e) Review with other planning applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this Title (including but not limited to architectural review, conditional use permit, or variance), the application shall be submitted and reviewed at the same time as the related applications.
(Ord. 5494 § 3, 2020: Ord. 5230 § 8, 2014)
Notwithstanding any other provisions of this chapter, the Director of Planning and Development Services shall have the authority to consider and take action on requests for reasonable accommodation. The application shall be reviewed ministerially without discretionary review or public hearing. If the application is granted because the requirements and criteria are met, the applicant may proceed with a building permit. If the application is submitted concurrent with an application requiring discretionary review, the procedures for the discretionary review shall be followed.
(Ord. 5494 § 3, 2020: Ord. 5230 § 8, 2014)
Any decision on an application under this chapter shall be supported by a written statement addressing the criteria set forth in this section. In making a determination regarding the reasonableness of a requested accommodation, the determination shall be consistent with fair housing laws and based on the following criteria:
(a) Whether the housing that is subject to the request for reasonable accommodation will be used for an individual with a disability under the Acts.
(b) Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
(c) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the community.
(d) Whether the requested accommodation would require a fundamental alteration to the city’s zoning requirements, development standards, policies or procedures.
(e) Whether the requested reasonable accommodation would adversely impact surrounding properties or uses.
(f) Whether there are reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.
(Ord. 5230 § 8, 2014)
The Director of Planning and Development Services shall issue a written determination of the action and may grant or deny the accommodation request based on the criteria outlined in this chapter. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision including compliance with the criteria set forth in Section 18.46.050 of this chapter. The written decision of the Director shall be final unless an applicant submits an appeal following the appeal procedure established in Section 18.46.070.
(Ord. 5494 § 3, 2020: Ord. 5230 § 8, 2014)
(a) The applicant requesting the reasonable accommodation may appeal the Director of Planning and Development Services adverse decision. The appeal shall be in writing and shall be submitted to the Planning and Community Environment Department within ten (10) calendar days of the Director of Planning and Development Services’ decision.
(b) If an individual needs assistance in filing an appeal on an adverse decision, the Department will provide assistance to ensure that the appeals procedure is accessible.
(c) All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
(d) The appeal shall be heard by the Planning and Transportation Commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 18.77.
(e) Notice of the hearing shall be given by publication but need not be sent to nearby property owners.
(Ord. 5494 § 3, 2020: Ord. 5230 § 8, 2014)