Section
10.218.010 Purpose.
10.218.020 Applicability.
10.218.030 Procedure.
10.218.040 Approval findings.
10.218.050 Conditions of approval.
10.218.060 Appeals.
This purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter “the Acts”) in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 16-06, passed 5-3-2016)
(A) A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this chapter, a “person with a disability” is any 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 chapter is intended to apply to those persons who are defined as disabled under the Acts.
(B) 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 equal opportunity to housing of their choice.
(C) A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.
(D) A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
(Ord. 16-06, passed 5-3-2016)
(A) A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of Community Development Department, and shall contain 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 under the Acts, including verification of such claim;
(5) The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and
(6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
(B) If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, site plan review, etc.), then the applicant shall file the information required by division (A) of this section for concurrent review with the application for discretionary approval.
(C) A request for reasonable accommodation shall be reviewed by the Director of Community Development Department or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director or his/her designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
(D) A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.
(Ord. 18-01, passed 2-6-2018; Ord. 16-06, passed 5-3-2016)
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