Chapter 15.65 — REASONABLE ACCOMMODATION

In compliance with federal and state fair housing laws, this chapter sets forth a process by which the city may make reasonable accommodations in land use, zoning and building regulations, policies, practices and procedures for persons with disabilities. The intent is to allow disabled persons with physical or mental impairments an equal opportunity to use and enjoy a dwelling. (Ord. 3195, passed - -2013)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not defined herein shall have the same meaning as defined in the State Fair Employment and Housing Act, Cal. Gov’t Code §§ 12926 et seq.

DISABLED PERSON. A person who has a physical or mental impairment which limits one or more major life activities or makes achievement of a major life activity difficult.

MAJOR LIFE ACTIVITY. Includes physical, mental and social activities, which may include, but are not limited to, self care, mobility or sensory perception. A temporary condition such as a broken bone, use of crutches and the like does not qualify as a physical or mental impairment, and thus does not qualify one as a disabled person.

REASONABLE ACCOMMODATION. Provid- ing flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, up to waiving certain requirements, when it is necessary to construct or adapt dwelling units that are readily accessible to and usable by disabled persons.

(Ord. 3195, passed - -2013)

(A) An application for reasonable accommo- dation shall be made upon a form to be provided by the Community and Economic Development Department, together with any applicable environmental information, forms and plans. The application shall include, but not necessarily be limited to the following:

(1) Documentation that the applicant is a disabled person, is representing a disabled person or is a developer or provider of housing for one or more disabled persons;

• (2) Authorization by the legal owner of the real property subject to the request;

• (3) Identification of the specific code sections from which an exception or modification is requested;

• (4) Explanation of the necessity for the requested exception or modification; and

• (5) Plans which illustrate the manner in which the exception or modification is/are intended to be carried out.

• (B) To the extent permitted by law, 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.

• (C) A fee, as prescribed by resolution of the City Council, which shall be the same as that for a Zoning Adjustment.

(D) To be eligible for consideration of a reasonable accommodation, the property must be in compliance with the laws applicable to the property. If noncompliance is unrelated to the request for reasonable accommodation, and does not jeopardize the health and safety of occupants of the property or nearby properties, then the Zoning Administrator may waive this requirement and act on the request for reasonable accommodation. Such waiver shall not preclude the city from requiring correction of existing violations in accordance with this code.

(Ord. 3195, passed - -2013)

(A) Requests for reasonable accommodation shall be reviewed by the Zoning Administrator in accordance with the criteria listed below. The Zoning Administrator shall act upon the request in one of the following ways:

• (1) By approving the request;

• (2) By approving the request subject to the imposition of reasonably related conditions;

• (3) By continuing the request pending the submission of additional information or alternative solutions to the problem;

• (4) By denying the request; and

• (5) By denying the request without prejudice to the filing of a new reasonable accommo- dation application.

(B) A reasonable accommodation request shall be granted or conditionally granted when the Zoning Administrator finds, consistent with fair housing laws, all of the following:

• (1) The dwelling subject to the request for a reasonable accommodation will be used by a disabled person protected under fair housing laws;

• (2) The requested accommodation is necessary to provide the disabled resident(s) an equal opportunity to use and enjoy a dwelling;

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

• (4) The requested accommodation will not result in a fundamental alteration in the nature of the city’s land use and zoning or building program or on the character of the neighborhood affected by the request; and

• (5) The requested accommodation will not impact the health, safety or general welfare of other individuals and will not result in physical damage to the properties of others.

• (C) The decision of the Zoning Administrator shall be documented in written form, which shall include the findings set forth above.

(D) The Zoning Administrator’s determination on a requested accommodation shall become final and effective ten days following the date of final decision unless an appeal of such decision is filed with the Community and Economic Development Department, pursuant to § 15.65.060 of this chapter.

(E) The Community and Economic Development Department shall keep a permanent record of all decisions of the Zoning Administrator, as well as the ultimate disposition of those applications that are appealed. The record shall be available for public review. (Ord. 3195, passed - -2013)

(A) Any accommodation granted by the Zoning Administrator shall become null and void if not exercised within 12 months from the date of approval.

(B) Prior to the date of expiration of the approved accommodation, the time at which such application expires may be extended by the Zoning Administrator for a period or periods not exceeding 12 months for a total of two years.

(C) Any accommodation granted or conditionally granted by the Zoning Administrator or by the Planning Commission or Council on appeal, once timely exercised, shall not run with the land but shall remain in effect for the duration of the time that the dwelling is occupied by any person having the disability for which the accommodation was provided or another disability which requires the same accommodation.

(Ord. 3195, passed - -2013)

(A) Within ten working days of the Zoning Administrator’s final decision, the applicant or any aggrieved party may file an appeal of that decision by filing a letter of appeal with the Community and Economic Development Department stating the reasons therefor and an appeal fee as set forth by resolution of the City Council. If the tenth working day falls on a weekend or holiday, an appeal may be filed on the next working day.

(B) If appealed, the Planning Commission shall hear such appeal, and the decision of the Planning Commission shall be subject to appeal to the City Council, all as provided for in Chapter 15.76 of this title. All appellate bodies shall be required to make the findings in § 15.65.040(B) prior to taking an action which has the effect of approving an application for a reasonable accommodation. (Ord. 3195, passed - -2013)