Chapter 19.52 — REQUEST FOR REASONABLE ACCOMMODATION

It is the policy of the city of American Canyon, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in 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 of the city to comply fully with the intent and purpose of fair housing laws.

(Ord. 2009-16 § 3, 2009.)

(A) 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.

(B) An individual with a disability is someone who has a physical or mental impairment that substantially limits one or more of such person's major life activities, as furthered defined and amended in the Fair Employment and Housing Act (FEHA) of California Government Code Sections 12926(i)(1), (2), and 12926(k)(1), (2).

(C) A request for reasonable accommodation may be made by any person with a disability, his or her representative, or an entity, developer or provider of housing for individuals with disabilities, when the application of a land use or zoning regulation, policy, practice or procedure acts as a barrier to housing opportunities.

(Ord. 2009-16 § 3, 2009.)

Requests for reasonable accommodation shall be made in a manner prescribed within this section.

(A) Requests for reasonable accommodation shall be submitted by completing the city of American Canyon Request for Reasonable Accommodation Form and submitting it to the community development department and specifying the following information:

(1) Name and address of the individual(s) requesting reasonable accommodation;

(2) Name, address and telephone number of the property owner(s);

• (3) Address of the property for which accommodation is requested;

• (4) The current actual use of the property;

(5) Description of the requested accommodation and the zoning code provision, regulation(s), policy or procedure for which accommodation is requested;

(6) The basis for the claim that the individual is considered disabled under the acts; and

(7) Reason that the requested accommodation is necessary for the individual(s) with the disability to use and enjoy the dwelling.

(B) If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, etc.), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.

(C) No application fee shall apply to a request for reasonable accommodation (unless the request is being made concurrently with an application for some other discretionary approval, in which case the applicant shall pay only the required application fee for the discretionary approval).

(D) Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(E) A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(F) If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

(Ord. 2009-16 § 3, 2009.)

(A) Requests for reasonable accommodation shall be reviewed by the community development director, if no discretionary approval is sought other than the request for reasonable accommodation.

(B) A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. 2009-16 § 3, 2009.)

(A) In approving or denying the request, the following criteria shall apply:

(1) The accommodation is reasonable, considering the nature of the applicant's disability, the surrounding land uses, and the rule, standard, policy or practice from which relief is sought;

(2) The accommodation is necessary to afford the applicant equal opportunity to enjoy and use a dwelling;

(3) The accommodation will have only incidental economic or monetary benefits to the applicant, and the primary purpose of the accommodation is not to assist with real estate speculation or excess profit-taking;

(4) The accommodation does not create a substantial adverse impact on surrounding land uses, or a public nuisance, that cannot be reasonably mitigated;

(5) The accommodation is reasonably feasible, considering the physical attributes of the property and structures;

(6) There are no alternative accommodations which may provide an equivalent level of benefit to the applicant, while minimizing adverse impacts on surrounding land uses and lessening the financial and/or administrative burden on the city;

(7) In the case of a determination involving a one-family dwelling, whether the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents;

(8) The requested accommodation does not impose an undue financial or administrative burden on the city; and

(9) The requested accommodation does not require a fundamental alteration in the nature of a program.

(B) In granting a request for reasonable accommodation, any conditions of approval may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

(Ord. 2009-16 § 3, 2009.)

(A) Any decision of the community development director made pursuant to this chapter may be appealed to the planning commission by the applicant or any other person aggrieved by the commission's decision. Such appeal may be made by filing

a written notice of appeal with the community development director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.

(B) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.

(C) The planning commission may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed. The council's decision shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(D) Any decision of the planning commission made pursuant to this chapter may be appealed to the city council by the applicant or any other person aggrieved by the commission's decision. Such appeal may be made by filing a written notice of appeal with the community development director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.

(E) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.

(F) The city council may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed. The council's decision shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(G) Permit Issuance. No permit shall be issued prior to the expiration of any appeal period for an entitlement.

(Ord. 2009-16 § 3, 2009.)