Colfax Municipal Code Ch. 17.192 Reasonable Accommodations

The purpose of this chapter is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or rules, policies, practices and/or procedures of the city.

It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide people with disabilities reasonable accommodation in rules, policies and procedures that may be necessary to ensure equal access to housing.

(Ord. No. 519, 8-8-2012)

A. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices and/or procedures of the city.

B. If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the planning 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 in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the planning department at the time that the accommodation may be necessary to ensure equal access to housing.

(Ord. No. 519, 8-8-2012)

The applicant shall provide the following information:

A. A completed city application indicating, among other things, the applicant's name, address and telephone;

B. Address of the property for which the request is being made;

C. The current actual use of the property;

D. The zoning code provision, regulation or policy from which reasonable accommodation is being requested;

E. The basis for the claim that the person(s) for whom reasonable accommodation is sought is [are] considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s);

F. Such other relevant information as may be requested by the planning director or his or her designee.

(Ord. No. 519, 8-8-2012)

Notwithstanding any other provision of this title, the planning director shall have the authority to consider and take action on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the planning department, it will be referred to the planning director for review and consideration as a ministerial action unless determined otherwise by the planning director. A request for reasonable accommodation shall be considered ministerial in nature when it is related to a physical improvement that cannot be constructed to conform to the city's setbacks or design standards. Typical improvements considered to be "ministerial" in nature would include ramps, walls, handrails or other physical improvements necessary to accommodate a person's disability. The planning director shall issue a written determination of his or her action within thirty (30) days of the date of receipt of a completed application and may:

A. Grant or deny the accommodation request; or

B. Grant the accommodation request subject to specified nondiscriminatory condition(s); or

C. Forward the request to the planning commission for consideration as an administrative permit as prescribed in Section 17.32.010 and subject to the findings stated in Section 17.192.060.

In the event the planning director determines that the request for reasonable accommodation(s) is non-ministerial in nature, such request shall be forwarded to the planning commission in accordance with Chapter 17.32 and shall be subject to the findings stated in Section 17.192.060.

All written determinations of actions of the planning director shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process (e.g., requesting that city staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

If necessary to reach a determination or action on the request for reasonable accommodation, the planning director may request further information from the applicant consistent with the planning department's specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request.

(Ord. No. 519, 8-8-2012)

All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the planning director. At his or her sole discretion the planning director can act upon the request as described in Section 17.192.040 or such request shall be forwarded to the planning commission. If a request is forwarded to the planning commission, it shall be processed as an administrative permit in accordance with Section 17.32.010 and shall be subject to the findings stated in Section 17.192.060.

(Ord. No. 519, 8-8-2012)

In making a determination regarding the reasonableness of a requested accommodation the following findings shall be made:

A. The housing, which is the subject of the request for reasonable accommodation, will be used for an individual protected under the Act.

B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Act.

C. The requested reasonable accommodation does not impose an undue financial or administrative burden on the city, and does not fundamentally alter city zoning, development standards, policies or procedures of the city.

(Ord. No. 519, 8-8-2012)

Appeal of the planning director or planning commission action on the request for reasonable accommodation shall be made in accordance with the procedures specified in Chapter 17.44 of this title.

(Ord. No. 519, 8-8-2012)