(A) Purpose and applicability:
(1) Purpose. The purpose of this section is to establish a procedure for disabled persons, or their representatives, to request a reasonable accommodation from the city's zoning laws, building codes, and land use regulations, policies, and procedures to provide disabled persons with an opportunity to use and enjoy housing equal to that of non-disabled persons.
(2) Who may apply. A request for a reasonable accommodation may be made by any disabled person, his or her representative, or a developer or provider of housing for disabled persons, when the application of a zoning law, building code provision, or other land use regulation, policy, or practice acts as a barrier to a disabled person's equal opportunity to use and enjoy housing.
(3) What can be requested. A request for a reasonable accommodation may include a modification to or exception from the rules, standards, or practices for the siting, development, or use of housing or housing related facilities, in order to allow a disabled person an equal opportunity to use and enjoy housing in accordance with the fair housing laws. Requests for a reasonable accommodation shall be made in the manner prescribed by this section.
(B) Reviewing authority:
(1) A request for a reasonable accommodation shall be reviewed by the Director of Planning or the Director's designee, unless it is related to a discretionary land use application for the same site area that requires review by the Planning Commission, in which case the Planning Commission shall be the reviewing authority. The Director of Planning may, in his or her discretion, refer applications to the Planning Commission for consideration.
(2) Variance not required. Where the improvements or modifications approved through a request for a reasonable accommodation would otherwise require a variance, a variance shall not be required.
(C) Review procedure:
(1) Director review. The Director, or designee, shall consider an application and issue a written determination. At least ten calendar days before issuing a written determination on the application, the Director shall mail notice to the applicant and adjacent property owners that the city will be considering the application, advising of the standards for issuing an accommodation, and inviting written comments on the requested accommodation.
(2) Planning Commission review. The processing procedures for the discretionary land use application before the Planning Commission shall govern the processing of the request for a reasonable accommodation. If the reasonable accommodation is referred to the Planning Commission by the Director and there is no other discretionary application, then the Planning Commission shall hold a public hearing within 45 days after the application is deemed complete and shall issue a written determination within 60 calendar days after such public hearing. Written notice of a hearing to consider the application shall be mailed ten calendar days prior to the meeting to the applicant and adjacent property owners.
(3) Ability to require additional information. If the reviewing authority believes that additional information is necessary to reach a determination on any request for a reasonable
accommodation, then the reviewing authority may request further information from the applicant. The reviewing authority's request shall specify in detail the requested information. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant fully responds to the request for information. If an individual needs assistance in submitting the application for a reasonable accommodation, the city shall provide assistance to ensure that the process is accessible. The applicant and the city may agree at any time to extend the time period(s) set forth in this section.
(D) Application submittal. Notwithstanding any other requirements of this section, a request for a reasonable accommodation shall be made on a form supplied by the Planning and Development Department and shall include the following information:
(1) The applicant's or representative's name, mailing address, daytime phone number, and email address, if applicable;
(2) The address of the property for which the request is being made;
(3) The specific code section, regulation, procedure, or policy of the city from which relief is sought;
(4) A site plan or illustrative drawing showing the proposed accommodation, if applicable;
(5) An explanation of why the specified code section, regulation, procedure, or policy is denying, or will deny a disabled person equal opportunity to use and enjoy the dwelling;
(6) The basis for the claim that the fair housing laws apply to the applicant and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence;
(7) A detailed explanation of why the accommodation is reasonable and necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling; and
(8) Any other information required to make the findings required by division (E) of this section consistent with the fair housing laws.
(9) A reasonable accommodation does not affect or negate an individual's obligation to comply with other applicable regulations that are not the subject of the requested accommodation.
(10) No application fee shall be required to process an application for a request for a reasonable accommodation pursuant to this section. However, application fees shall be required for any concurrent development application and any other permits that may be required to construct or otherwise implement the reasonable accommodation.
(11) While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(E) (1) Findings and conditions of approval.
(2) Required findings. The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of the following findings can be made:
(a) The dwelling that is the subject of the request for reasonable accommodation will be occupied by a disabled person;
(b) The requested accommodation is necessary to provide a disabled person with an equal opportunity to use and enjoy a dwelling;
(c) The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the fair housing laws; and
(d) The requested accommodation will not require a fundamental alteration to the city's zoning or building laws, policies, and/or procedures, as defined in the fair housing laws. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider, among other factors:
1. Whether the requested accommodation would fundamentally alter the character of the neighborhood;
2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;
3. Whether the requested accommodation would substantially undermine any express purpose of either the city's General Plan or an applicable specific plan; and
4. Whether the requested accommodation would create an institutionalized environment due to the number of, and distance between, facilities that are similar in nature or operation.
(F) Decision.
(1) The reviewing authority's written decision shall set forth the findings and any conditions of approval. The decision and notice of the right to appeal shall be mailed to the applicant, and to any person having provided written comment on the application. The approval of a reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section or the General Plan, or are appropriate to protect the public health, safety, or welfare. The reviewing authority may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested by the applicant, where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area. The written decision of the reviewing authority shall be final, unless appealed or ordered for Council review in the manner set forth in § 155.865 of this Code.
(2) Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall record a covenant in the County Recorder's Office, in a form approved by the City Attorney, acknowledging and agreeing to comply with the terms and conditions of the approved reasonable accommodation. A reasonable accommodation is granted to an individual(s) and shall not run with the land, unless the Director of Planning finds, at the time of approval of the accommodation, that the modification is physically integrated with the structure and cannot feasibly be removed or altered.
(G) Expiration and discontinuance.
(1) Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within 12 months from the effective date of the approval, or at an alternative time specified in the approval, unless:
(a) A building permit has been issued and construction has commenced;
(b) The right granted by the accommodation has been exercised; or
(c) A time extension has been granted by the Director of Planning.
(2) Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. In addition, if the disabled person for whom the reasonable accommodation was granted vacates the residence, the reasonable accommodation shall remain in effect only if: (i) the Director of Planning determined pursuant to division (F) that the reasonable accommodation shall run with the land, or (ii) another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling now occupies the dwelling. The Director may request that the person seeking to retain the accommodation provide documentation that the occupants are disabled persons and the existing accommodation is necessary for them to have an equal opportunity to use and enjoy the dwelling. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.
(H) Revocation or modification.
(1) If the Director determines that evidence could be presented to the Planning Commission that may support grounds for revocation or modification of an approved reasonable accommodation, and the director believes that the Planning Commission may find that such evidence is adequate to support revocation or modification of the reasonable accommodation, then the Director may initiate a revocation proceeding before the Planning Commission.
(2) Upon initiation of a revocation proceeding, the Planning Commission shall hold a public hearing regarding the possible revocation or modification of the reasonable accommodation. Notice of such hearing shall be provided in the same manner as the notice required to be provided in division (C). The Planning Commission, after such hearing, may revoke or modify the reasonable accommodation if the Planning Commission determines that:
(a) There has been a change in the disabled person's use of the property or need for the reasonable accommodation that negates the basis for the approval of the reasonable accommodation;
(b) The application, or other information presented to the city in conjunction with the request for a reasonable accommodation, included false information; or
(c) Any of the conditions or terms of such approval are violated, or any law or ordinance is violated in connection therewith.
(3) Upon revocation of the reasonable accommodation, the property shall be brought into compliance with any zoning regulation or other laws, policies, or procedures from which a deviation was granted in order to allow the reasonable accommodation.
(Ord. 1049, passed 12-12-13)