9809.4. - Procedure for application review.

A.

Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

B.

Application. An application for a reasonable accommodation shall be made on a form provided by the planning and community development department. No fee shall be required for a reasonable accommodation, but if the project requires another discretionary permit, the prescribed fee shall be paid for the required discretionary permit. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

C.

Other discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant shall file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. If the project's other discretionary permit or approval requires planning commission approval, then the request for reasonable accommodation shall also be referred to the planning commission for approval.

D.

Required submittals. An application for a reasonable accommodation shall include the following:

1.

Documentation that the applicant is: (a) a person with a disability; or (b) applying on behalf of one (1) or more persons with a disability; or (c) a developer or provider of housing for one (1) or more persons with a disability.

2.

The name and address of the individual(s) requesting the reasonable accommodation.

3.

The name and address of the property owner(s).

4.

The address of the property for which the accommodation is requested.

5.

A description of the reasonable accommodation requested by the applicant.

6.

An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one (1) or more persons with a disability an equal opportunity to use and enjoy the dwelling.

The director may request additional information from the applicant if the application does not provide sufficient information for the city to make the findings required in section 9809.5.

(Ord. No. 11-393, § 4, 1-11-2012)

9809.5. - Basis for approval or denial of a reasonable accommodation.

A.

Findings. The written decision shall be based on the following findings, all of which are required for approval:

1.

The accommodation is requested by or on behalf of one (1) or more persons with a disability protected under the Fair Housing Laws.

2.

The requested accommodation is necessary to provide one (1) or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

3.

The requested accommodation will not impose an undue financial or administrative burden on the city.

4.

The requested accommodation will not result in a fundamental alteration in the nature of the city's land use and zoning program.

5.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

B.

In determining whether the requested reasonable accommodation is necessary to provide one (1) or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to subsection 9809.5.A.2., the city may consider, but is not limited to, the following factors:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one (1) or more individuals with a disability.

Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

3.

Whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

4.

Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in the city.

C.

In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the city's land use and zoning program, pursuant to subsection 9809.5.A.4., the city may consider, but is not limited to, the following 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 granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan or other similar regulatory document.

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.

D.

Rules while decision is pending. 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.

(Ord. No. 11-393, § 4, 1-11-2012)