Chapter 17.126 — MODIFICATION FOR AN INDIVIDUAL WITH A DISABILITY

modified

A modification for an individual with a disability provides a mechanism for the city, in compliance with federal and state law, to grant relief from the strict requirements of this title, as necessary to provide individuals with disabilities reasonable accommodations to avoid discrimination against, eliminate barriers and ensure equal access to housing for individuals with disabilities. Conditions of approval may be added to ensure that the spirit and purpose of this title will be observed and that public health, safety and welfare are protected.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

17.126.020 - Applicability.

modified

A.

A request for a modification for an individual with a disability may be made by any disabled person, his or her representative, a developer providing housing for disabled persons or a provider of housing for disabled persons. The applicant may request any applicable development standard be modified or waived, with exception to density and floor area ratio (FAR), to eliminate barriers to housing opportunities and prevent discrimination against the individual on the basis of the individual's disability.

B.

The Community Development Director shall have the authority to grant a reasonable accommodation modification for an individual with a disability for relief from all development standards of this title.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Applications. Applications for a modification for an individual with a disability shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the director can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one application or action is needed for the project.

B.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Division.

C.

Confidential Information. Any information 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.

D.

Assistance. If an individual needs assistance in making the request for a Modification, the city will provide assistance to ensure that the process is accessible.

E.

Decisions. The Community Development Director shall issue a decision letter within thirty (30) days of deeming the application complete and may either grant, grant with modifications or deny a request for reasonable accommodations in accordance with the required findings.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Before a modification for an individual with a disability may be granted, the Community Development Director shall make all of the following findings:

A.

The person that will live in the housing which is the subject of the modification for an individual with a disability is a qualified individual with a disability protected under fair housing laws;

B.

The modification for an individual with a disability is necessary to make housing available to disabled persons protected under fair housing laws; and

C.

The modification for an individual with a disability will not adversely affect the purpose, goals and policies of the city's general plan, zoning code and any applicable specific plan.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

A modification for an individual with a disability shall be valid for two (2) years after the effective date of approval by the Community Development Director.

B.

If the applicant has proceeded in good faith toward the implementation of the modification granted as determined by the Community Development Director, the applicant may request a twelve-month extension of the modification. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request. No additional extensions shall be permitted.

C.

The Community Development Director may, at his or her discretion, require the improvements be removed upon the future sale of the property and/or the disabled person no longer resides on the property. This shall be limited to site improvements such as excess paving or a second driveway.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Community Development Director decisions regarding this chapter are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)