Chapter 14.61 — REASONABLE ACCOMMODATION PROCEDURES

The title of this chapter shall be "Reasonable Accommodation Procedures."

(Ord. 624 § 3 (part), 2007)

California and federal laws, including the Federal Fair Housing Act of 1988, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act, guarantee individuals with disabilities the civil right to access publicly funded buildings, facilities and programs, or privately funded housing, including single- and multiple-family dwelling units, and public accommodations on an equal basis with their fellow citizens who are not disabled. The city has historically had an internal policy to allow such accommodations, if reasonable and necessary, when persons with special needs required exceptions from stated requirements of local regulations and practices. The purpose of this chapter is to codify this practice and provide a clear and defined process for individuals with disabilities to make requests for reasonable accommodation in regard to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the city.

(Ord. 624 § 3 (part), 2007)

As used in this chapter, the following words shall have the meanings set forth in this section:

"Applicant" means an individual making a request for a reasonable accommodation pursuant to this chapter.

"Department(s)" means the community development department which is responsible for administering requests for reasonable accommodation pursuant to this chapter.

(Ord. 624 § 3 (part), 2007)

Any disabled person, or his or her representative, may request an accommodation from any of the city's land use, zoning or building laws, rules, policies, practices and/or procedures when accommodation is reasonable and necessary to afford such persons equal opportunity to access publicly funded buildings, facilities or programs, or privately funded housing, including single- and multiple-family dwelling units, and public accommodations on an equal opportunity basis with citizens who are not disabled.

(Ord. 624 § 3 (part), 2007)

The city shall take the following actions:

A.

At all public counters in the department where decisions are made regulating the siting, funding, development and use of housing, a notice shall be prominently displayed advising potential applicants that they may request an accommodation regarding any existing land use, zoning or building law, rule, policy, practice and/or procedure.

B.

Forms for requesting an accommodation pursuant to this chapter shall be readily available in all such departments.

(Ord. 624 § 3 (part), 2007)

A.

A disabled person, or his or her representative, who desires to request an accommodation may do so by filing an application with the proper department having subject-matter jurisdiction over the decision. The application shall be accompanied by any applicable fees.

B.

If an individual needs assistance in making the request for accommodation, each department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.

C.

A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to publicly funded buildings, facilities or programs, or privately funded housing, including single- and multiple-family dwelling units, and public accommodations.

(Ord. 624 § 3 (part), 2007)

A.

The department director, or his or her designee, shall investigate the facts bearing on the application, and compile the information necessary for a decision on the application. If the project for which the application is being made also requires some other approval, such as a coastal development permit, conditional use permit, or a development plan, then the application shall be considered by the applicable review authority concurrently with review of the companion application.

B.

The applicable review authority shall issue a written notice of decision within thirty (30) days of the date of the submittal of a complete application and may grant the accommodation request, deny the request, offer approval of an alternate accommodation, or approve the request with conditions. The written decision is to

be based on the contents of the application and a consideration of the factors set forth in this chapter. The notice of decision shall:

1.

Contain the factual findings, conclusions and reasons for the decision;

2.

Give notice of the right to appeal pursuant to this chapter;

3.

Be sent to the applicant by certified mail.

(Ord. 624 § 3 (part), 2007)

A.

Among other considerations, the following findings shall be analyzed, made and adopted before any action is taken to approve or approve with conditions a request for accommodation, and shall be incorporated into the record of the proceeding relating to such decision:

1.

The request for accommodation is reasonable and necessary to afford the applicant with an equal opportunity to access publicly funded buildings, facilities and programs, or privately funded housing, including single- and multiple-family dwelling units, and public accommodations on an equal basis with others who are not disabled;

2.

There are no preferable and/or feasible alternatives to the requested accommodation that may provide an equivalent level of benefit;

3.

The physical attributes of, and any proposed changes to, property and structures are compatible with surrounding development;

4.

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

5.

The requested accommodation will not require a fundamental alteration of the city's land use, zoning or building laws, rules, policies, practices and/or procedures, and is consistent with the city's local coastal program;

6.

The potential impact on surrounding uses has been considered; and

7.

Any other factor(s) that may have a bearing on the request have also been considered.

(Ord. 624 § 3 (part), 2007)

A.

The conditions of approval may, where deemed appropriate, provide for any or all of the following:

1.

Inspection of the affected premises periodically, as specified in the conditions, to verify compliance with this section and with any applicable conditions of approval;

2.

Prior to any transfer of interest in the premises, notice to the transferee of the existence of the modification, that the modification is granted to an individual and does not run with the land, and the requirement that the transferee apply for a new modification if necessary. Once such transfer takes effect, the modification shall have no further validity;

3.

Removal of the improvements, where removal would not constitute an unreasonable and unfair financial burden, if the need for which the accommodation was granted no longer exists;

4.

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

Other conditions deemed necessary to protect the public health, safety and welfare.

B.

Any grant of accommodation for an individual with a disability may, at the discretion of the decision maker, be considered as a personal accommodation for the individual applicant and may, at the determination of the decision maker, not run with the land. Accordingly, any approval may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

C.

The violation of a required condition shall constitute a violation of this chapter and may constitute grounds for revocation of the grant of accommodation.

(Ord. 624 § 3 (part), 2007)

A.

Any aggrieved person may appeal the decision provided under this chapter pursuant to the procedures set forth in Chapter 14.78.

B.

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

(Ord. 624 § 3 (part), 2007)