Chapter 17.67 — REASONABLE ACCOMMODATION

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. This chapter is intended to apply to those persons who are defined as disabled under the acts or to persons who have a physical or mental impairment that limits or substantially limits one or more major life activities.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability fair access to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.67.020 (application requirements).

(Ord. No. 1916, § 1, 11-4-2015)

A.

Application. In addition to any other information that is required under Title 17 of this code, requests for reasonable accommodation shall be submitted on an application form provided by the community development department, or in the form of a letter addressed to the director of community development (director), and shall contain the following information:

The applicant's name, address and telephone number;

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

The current actual use of the property;

The basis for the claim that the individual is considered disabled under the acts;

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

A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual; and

Such other relevant and permissible information as may be requested by the director of community development or designee.

B.

Submission of confidential and protected healthcare information. Any confidential or protected healthcare information provided in support of the application shall be submitted separately under seal in an envelope marked, "confidential healthcare information." Such confidential information shall be exempt from public disclosure.

(Ord. No. 1916, § 1, 11-4-2015)

Requests for reasonable accommodation shall be reviewed by the director of community development, or designee.

(Ord. No. 1916, § 1, 11-4-2015)

The director of community development, or designee, shall make a written determination within forty-five calendar days of receipt of an application and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.67.050 (decision and findings).

(Ord. No. 1916, § 1, 11-4-2015)

A.

Decision. The written decision to grant or deny a request for reasonable accommodation will be consistent with the acts and shall be based on consideration of the following factors:

Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the acts.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability as defined under the acts.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

Potential impact on surrounding uses.

Physical attributes of the property and structures.

Alternative reasonable accommodations which may provide an equivalent level of benefit.

B.

Conditions of Approval. In granting a request for reasonable accommodation, the director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A above.

(Ord. No. 1916, § 1, 11-4-2015)

A.

An appeal of any decision of the director of community development or designee shall be filed in writing with the city manager within ten calendar days after service of notice of the written decision. Service shall be by regular postal service or personal delivery. The applicant shall set forth in the appeal the reason why the decision is not proper.

B.

The city manager shall direct an appeal to be heard within fifteen business days, or as soon as practical, after a notice of appeal is filed with the city manager as required by this section.

C.

If no appeal is filed within the time allowed in subsection A above, the decision of the director of community development or designee shall be considered final.

(Ord. No. 1916, § 1, 11-4-2015)

A.

Appeals to the City Manager.

The appeal of any decision of the community development director or designee under this chapter shall be in writing signed by the appellant, briefly set forth the reasons why such decision is not proper, state an address at which the appellant will receive notices, and filed with the city manager.

The city manager shall upon receipt of the appeal set the matter for hearing before a hearing officer. The hearing officer shall be an attorney or recognized mediator designated by the city attorney. The hearing shall be scheduled for not more than thirty calendar days after receipt of the appeal unless a longer time is requested or consented to by the appellant.

The appellant (or a representative) shall have the right to present his or her case in person.

The hearing officer shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as set forth in Chapter 1.10 of this code.

The hearing officer may grant, grant with modifications, or deny the request for reasonable accommodation that is the subject of the appeal.

B.

Any party dissatisfied with the decision of the hearing officer may file an action under the provisions for administrative mandamus (Code of Civil Procedure Section 1094.5) as it now exists or may later be amended.

(Ord. No. 1916, § 1, 11-4-2015)