Sec. 44-1157. - Purpose.

It is the policy of the City, pursuant to the federal Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with the disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. This division establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the City to comply fully with the intent and purpose of the fair housing laws.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1158. - Review authority.

Requests for reasonable accommodation shall be reviewed by the Community Development Director pursuant to Section 44-485, Table IV-1, and using the criteria set forth in Section 44-1161.

(1)

The Community Development Director shall issue a written decision on a request for reasonable accommodation within 30 days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation, in accordance with the required findings set forth in Section 44-1161.

(2)

If necessary to reach a determination on a request for reasonable accommodation, the Community Development Director may request further information from the applicant, consistent with the 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. 2015-01, § 3, 5-5-2015)

Sec. 44-1159. - Applicability of division.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a City land use, zoning or building regulation, or policy, practice or procedure acts as a barrier to fair housing opportunities for persons with disabilities.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1160. - Application request; required information; compliance procedure.

In order to make housing available to an individual with a disability, any person to which this division applies as set forth in Section 44-1159 may request a reasonable accommodation in land use, zoning or building regulations, or policies, practices, or procedures in the following manner:

(1)

Requests for reasonable accommodation shall be made in writing to the Community Development Director and shall provide the following information:

a.

Name and address of the individual requesting reasonable accommodation;

b.

Name and address of the property owner;

c.

Address of the property for which reasonable accommodation is requested;

d.

Description of the requested accommodation and the regulations, policies and/or procedures for which accommodation is sought; and

e.

Reason that the requested accommodation may be necessary for the individual with the disability to use and enjoy the housing.

(2)

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 unless otherwise required by law or court order.

(3)

A request for reasonable accommodation in regulations, policies, practices, or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.

(4)

If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance, to the extent reasonably feasible, to ensure that the process is accessible.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1161. - Findings.

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

(1)

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under the fair housing laws;

(2)

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the City; and

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning and/or building program.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-1162. - Decision.

The Community Development Director shall prepare a written decision in the form of an administrative approval on a request for reasonable accommodation.

(1)

The written decision on an application for reasonable accommodation shall explain in detail the basis of the decision, including the Community Development Director's findings on the criteria set forth in Section 441161. All written decisions shall give notice of the applicant's right to appeal and request reasonable accommodation in the appeals process as set forth in Section 44-1163. The notice of decision shall be sent to the applicant by mail.

(2)

The written decision of the Community Development Director shall be final unless an applicant appeals it to the City Council in accordance with the procedures set forth in this division.

(3)

If the Community Development Director fails to render a written decision on an application for reasonable accommodation within the 30-day time period set forth in Section 44-1158, the request shall be deemed granted.

(4)

While an application 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.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 30, 5-3-2016)

Sec. 44-1163. - Appeals.

(a)

Within 30 days of the date of the Community Development Director's written decision, an applicant may appeal an adverse decision to the City Council. Appeals from the adverse decision shall be made in writing and filed with the City Clerk. A decision made by the City Council concerning the appeal shall be final.

(b)

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

(c)

All appeals shall contain a statement of the grounds for the appeal. 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 unless otherwise required by law or court order.

(d)

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

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 31, 5-3-2016)