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(a) Purpose. The purpose of this section is to provide a procedure for allowing reasonable accommodations in the application of land use, zoning and building regulations, policies and procedures for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
(b) Applicability. A request for reasonable accommodation may be made by any person with a disability or a developer of housing for people with disabilities, when the application of a land use, zoning or building regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a mental or physical disability as defined in Section 12926 of the Government Code (California Fair Employment and Housing Act).
(c) Application Requirements. A request for a reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in a letter to the Director of Community Development, containing the following information:
(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 and any information pertaining to that claim that the applicant considers to be confidential and not available for public inspection.
(5) The regulation, policy or practice for which a reasonable accommodation is being requested.
(6) The reason that the reasonable accommodation is necessary for the person with the disability to use the property.
(7) If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including, but not limited to, a precise plan of design), the applicant may file the request for concurrent review with the other application for discretionary approval.
(d) Review Authority.
(1) A request for reasonable accommodation shall be reviewed by the Community Development Director, or designee, if no approval is sought other than the reasonable accommodation. The Community Development Director, or designee, shall grant, grant with modifications, or deny a request for reasonable accommodation within 45 days of receiving a complete application.
(2) A request for a reasonable accommodation submitted for concurrent review with another discretionary application shall be reviewed by the authority reviewing the other discretionary application. The review authority shall grant, grant with modifications, or deny a request for a reasonable accommodation concurrently with the decision on the other discretionary application.
(e) Findings and Conditions of Approval.
(1) Findings. The written decision to grant a request for reasonable accommodation shall be based on consideration of the following findings:
(i) That the housing which is the subject of the request will be used by a person with disabilities;
(ii) That the request is necessary to make the housing which is the subject of the request available to a person with a disability;
(iii) That the request would not impose an undue financial or administrative burden on the City;
(iv) That the request would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning; and
(v) That there is no alternative reasonable accommodation that would be less at variance with City standards.
(2) Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the required findings.
(f) Appeals. A determination to grant or deny a request for reasonable accommodation by the Community Development Director may be appealed to the Planning Commission in compliance with Section 9-4.2807 (b) and (c) and a determination by the Planning Commission may be appealed to City Council in compliance with Section 9-4.2808 of this chapter.
(§ 31, Ord. 1547-NS, eff. January 12, 2011)