McFarland Municipal Code Ch. 17.158 Reasonable Accommodations

It is the city's policies to provide individuals with disabilities reasonable in regulations and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. The purpose of this chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements.

(Ord. No. 047-2015, § 1(A), 10-22-15)

The words and phrases contained in this section shall, for the purpose of this chapter, be defined as follows, except where the context clearly indicates a different meaning:

A. "Disabled person" means a person who has a medical, physical or mental condition that limits one or more major life activities; anyone who is regarded as having such a condition; an authorized representative of a person with a disability; or anyone who has a medical record of having such a condition. A disabled person does not include individuals currently using controlled substances as defined by federal law.

B. "Fair Housing Law" means existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(l).

C. "Reasonable accommodation" means any request by, or on behalf of, a disabled person for a reasonable deviation from the city's strict application of its land use or building regulations as set forth in this code, in order for such disabled person to use and enjoy a dwelling.

(Ord. No. 047-2015, § 1(A), 10-22-15)

A request for reasonable accommodation may be made by any person with a disability, the person's representative, or an entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier for fair housing opportunities.

A request for reasonable accommodations may include a modification or exception to the rules, standards and practices for siting, development and use of housing of housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.

(Ord. No. 047-2015, § 1(A), 10-22-15)

Requests for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the planning division and shall contain the following information:

A. Application Material.

1. The applicant's name, address and telephone number.

2. Address of the property for which the request is being made.

3. The current use of the property.

4. The basis for the claim that the individual is considered disabled under the Acts.

5. The code provision, regulation or policy from which reasonable accommodation is being requested.

6. What accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.

(Ord. No. 047-2015, § 1(A), 10-22-15)

A. Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.

B. Other Reviewing Authority. If a request for reasonable accommodation is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.

(Ord. No. 047-2015, § 1(A), 10-22-15)

A. Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.

B. Other Reviewing Authority. The determination on whether to grant, grant with modifications or deny a request for accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision. The determination shall then be provided in writing to the applicant.

C. Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:

1. Whether the housing, which is the subject of the request, will be used by a disabled individual.

2. Whether the accommodation requested is necessary to make specific housing available to a disabled individual.

3. Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.

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

5. Potential impact on surrounding uses.

6. Physical attributes of the property and structures.

7. Alternative accommodations which may provide an equivalent level of benefits.

D. Conditions of Approval. In granting a request for reasonable accommodation the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.

(Ord. No. 047-2015, § 1(A), 10-22-15)

Pursuant to Section 17.148.100(B)(1)(b) any decision of the planning director or planning commission can be appealed.

(Ord. No. 047-2015, § 1(A), 10-22-15)