9809.2. - Definitions.

The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:

Applicant means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures.

Disabled person or person with a disability means an individual who has a physical or mental impairment that limits one (1) or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance.

Fair housing laws means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code § 12900 et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.

Major life activity shall include physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Physical or mental impairment means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current users of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc., does not qualify as a physical or mental impairment.

Reasonable accommodation means any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, regulations, policies, procedures and/or practices that may be reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residence.

(Ord. No. 11-393, § 4, 1-11-2012)

9809.3. - Authority of the planning and community development director.

The director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation. The director may elect to forward the matter to the planning commission for consideration of the application.

(Ord. No. 11-393, § 4, 1-11-2012)