(A) Purpose And Intent: It is the policy of the city of Taft, pursuant to the federal fair housing amendments act of 1988 and the California fair employment and housing act (hereinafter "acts"), to provide individuals with disabilities reasonable accommodation to rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply fully with the intent and purpose of fair housing laws.
(B) Applicability: The city council finds and determines that this chapter is intended to apply to those persons who are defined as disabled under the acts:
1. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
2. The federal fair housing amendment act of 1988 and California's fair employment and housing act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.
3. The Taft housing element identifies and sets forth a plan for removing governmental constraints to housing for individuals with disabilities by providing reasonable accommodation.
4. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures furthers compliance with federal and state fair housing laws and provides greater opportunities for the development of critically needed housing for individuals with disabilities.
5. A request for reasonable accommodation may be made by any person with a disability, the person's representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier to fair housing opportunities.
6. "Reasonable accommodation" in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
(C) Authority:
1. Authority of review and approval for reasonable accommodation shall be vested with the planning director.
2. If a request for reasonable accommodation is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.
(D) Application: Request for reasonable accommodation shall be submitted on an application form provided by the planning and community development department or in the form of a letter and shall contain the following information:
1. Application Materials:
(a) The applicant's name, address and primary contact telephone number.
(b) The name and mailing address of the property owner(s).
(c) Address of the property for which the request is being made.
(d) The current use of the property.
(e) The basis for the claim that the individual is considered disabled under the acts.
(f) The code provision, regulation or policy from which reasonable accommodation is being requested.
(g) What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.
2. Additional Discretionary Actions: If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to: conditional use permit, site plan review, general plan amendment, variance, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.
(E) Review Procedures And Findings:
1. The planning director shall make a written determination on the request within thirty (30) days and either approve, approve with modifications or deny a request for reasonable accommodation.
2. The planning director may request additional information from the applicant if it is determined the application and request is incomplete. The planning director shall specify in detail the items needed to make a determination consistent with fair housing laws. The thirty (30) day period to issue a decision is stayed until the applicant responds to the request.
3. The determination on whether to approve, approve with modifications or deny a request for reasonable accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision.
4. The written decision to approve, approve with modifications or deny a request for reasonable accommodation shall be based on consideration of the following factors:
(a) Whether the housing, which is the subject of the request, will be used by a disabled individual.
(b) Whether the requested accommodation is necessary to make specific housing available to a disabled individual.
(c) Whether the requested accommodation would impose an undue financial or administrative burden on the city.
(d) Whether the requested accommodation would require a fundamental alteration in the nature of a city land use, zoning and building regulations, policies, practices and procedures.
(e) Potential impact on surrounding uses.
(f) Physical attributes of the property and structures.
(g) Alternative accommodations which may provide an equivalent level of benefit.
5. In granting a request for reasonable accommodation the planning director or other reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.
6. While a request for 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.
(F) Written Decision On The Request For Reasonable Accommodation:
1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the planning director's or other reviewing authority's findings.
2. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period the request shall be deemed approved.
(G) Appeals:
1. A determination by the reviewing authority to approve, approve with modifications or deny a request for reasonable accommodation may be appealed, pursuant to section 6-2-20 of this title.
2. If an individual needs assistance in filing an appeal on the decision, the city shall provide assistance to ensure that the appeals process is accessible. (Ord. 823-16, 9-20-2016; amd. Ord. 849-22, 12-6-2022)