This section provides a procedure to request 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 procedures.
(Added by Ord. No. 10364 (N.S.), effective 1-2-15)
A request for reasonable accommodation may be made by any person with a disability, or by an entity acting on behalf of a person or persons with disabilities to provide or secure equal access to housing, when the application of a zoning regulation or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. 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 section is intended to apply to those persons who are defined as disabled under the Acts.
A request for reasonable accommodation may include 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 with equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 86.803. Nothing in this chapter shall relieve the requirement to obtain applicable building permits.
(Added by Ord. No. 10364 (N.S.), effective 1-2-15)
(a) Application. Requests for reasonable accommodation shall be submitted on an application form provided by Planning & Development Services, or in the form of a letter to the Director of Planning & Development Services, and shall contain the following information:
(1) The applicant's name, address and telephone number;
(2) The street address and assessor's parcel number of the property for which the request is being made;
(3) The current actual use of the property;
(4) The basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts;
(5) The Zoning Ordinance regulation, provision or policy from which reasonable accommodation is being requested;
(6) Why the requested accommodation is necessary to make the specific property accessible to the individual or group of individuals.
(b) Concurrent Review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.
(Added by Ord. No. 10364 (N.S.), effective 1-2-15)
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