§ 9107.17

It is the policy of the City to provide individuals with disabilities Reasonable Accommodation in rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (referred to in this Section as the "Acts"). This Section provides a procedure for making requests for Reasonable Accommodations in land use, zoning and building regulations, policies, practices, and procedures of the City to comply fully with the purpose and intent of the fair housing laws and the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

A.

Eligible Applicants.

1.

A request for Reasonable Accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2.

A person with a disability is a 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 this type of impairment, or anyone who has a record of this type of impairment.

3.

This Section is intended to apply to those persons who are defined as disabled or handicapped under the Acts.

B.

Eligible Requests.

1.

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.

2.

A request for Reasonable Accommodation shall comply with Subsection 9107.17.030 (Application Requirements), below.

C.

RLUIPA. Deviations from the requirements and regulations specified in this Development Code may be approved if it is found that consistent with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that assembly, institution, or person accomplishes furtherance of a compelling governmental interest where the burden is found to be the least restrictive means of furthering that compelling governmental interest.

(Ord. No. 2400, § 4(Exh. A), 2-20-24)

9107.17.030 - Application Requirements.

A.

Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Reasonable Accommodation applications. Any information identified by an applicant as confidential shall be retained in a manner to respect the privacy rights of the applicant and shall not be made available for public inspection. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 9107.17.060 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

B.

Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Conditional Use Permit, Site Plan and Design Review, etc.), then the applicant shall file the information required by Subsection A. (Application), above, together with the materials required for the other discretionary permit.

(Ord. No. 2400, § 4(Exh. A), 2-20-24)

9107.17.040 - Review Authority.

A.

Director. A request for Reasonable Accommodation shall be reviewed, and a determination shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

B.

Other Review Authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed and determined by the authority reviewing the companion discretionary land use application.

9107.17.050 - Review Procedures.

A.

Director's Review. The Director shall make a written determination within 30 days following the submittal of a complete application and either approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Subsection 9107.17.060 (Findings and Decision), below.

B.

Other Review Authority. For requests for reasonable accommodations involving any applications for discretionary approval, the application for reasonable accommodation shall be processed and considered separately from any discretionary elements of the same proposal. The applications for discretionary approval shall be separately considered and shall be subject to the procedures for consideration in compliance with the applicable review procedure for the companion discretionary review, depending on the type of application. The appropriate Review Authority shall act on all discretionary permits, but not the reasonable accommodation requests.

C.

Stays. If necessary to reach a determination on the request for Reasonable Accommodation, the Review Authority may request additional information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

(Ord. No. 2400, § 4(Exh. A), 2-20-24)

9107.17.060 - Findings and Decision.

A.

Findings. The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

2.

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3.

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law;

Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

B.

Grant with Modifications. In approving a request for Reasonable Accommodation, the Review Authority may grant the request with modifications deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Subsection A (Findings), above.

C.

Written Decision. The written decision on the request for a Reasonable Accommodation shall include the Review Authority's findings and any other relevant information upon which the decision is based. All written decisions shall give notice of the applicant's right of appeal in compliance with Subsection E. The notice of decision shall be sent to the applicant.

D.

Other Applicable Regulations. 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.

E.

Appeal. The written decision of the Review Authority shall be final unless appealed.

1.

Within 30 days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

3.

All appeals shall contain a statement of grounds for the appeal. Any information identified by an applicant as confidential shall be retained in manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 2347, § 4(Exh. B), 6-6-17; Ord. No. 2400, § 4(Exh. A), 2-20-24)

9107.17.070 - Rescission of Approval of Reasonable Accommodation.

A.

Rescission. A grant made in compliance with this Section may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.), unless allowed to remain in compliance with Subsection B (Discontinuance), below.

B.

Discontinuance.

1.

A Reasonable Accommodation shall lapse if the exercise of rights granted by it is deemed ceased or discontinued for at least 180 consecutive days. For purposes of this Subsection, the terms ceased or discontinued shall be defined as an abandonment of the rights, irrespective of the owner's or occupant's intent.

2.

If the person(s) initially occupying a residence vacate, the Reasonable Accommodation shall remain in effect only if the Review Authority first determines that:

a.

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Development Code; or

b.

The accommodation is to be used by another qualifying individual with a disability.

3.

The Review Authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within 10 days following the date of a request by the Review Authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.

(Ord. No. 2400, § 4(Exh. A), 2-20-24)

Editor's note— Ord. No. 2400, § 4(Exh. A), adopted February 20, 2024, repealed § 9107.17.080 which pertained to post decision procedures and derived from the original codification.

Section 9107.19 - Site Plan and Design Review