Chapter 17.46 — REASONABLE ACCOMMODATION

It is the policy of the City of Orinda, pursuant to the federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act ("fair housing laws"), to provide individuals with disabilities

reasonable accommodation in regulations and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in the City's land use and zoning regulations and procedures to comply fully with the intent and purpose of fair housing laws.

(Ord. No. 13-03, § 2(Att. A), 12-17-13)

A.

"Reasonable accommodation" means providing individuals with disabilities or developers of housing for people with disabilities flexibility in the application of land use and zoning regulations and procedures, when necessary to eliminate barriers to housing opportunities. Examples of possible reasonable accommodations include changes to allow for ramps, handrails, or other accessibility improvements;

hardscape additions, such as widened driveways, parking areas, or walkways; building additions; and tree removal. Reasonable accommodation does not include changes that would: (1) impose an undue financial or administrative burden on the City; or (2) require a fundamental alteration in the nature of the City's land use and zoning program.

B.

"Individual with a disability" means someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

(Ord. No. 13-03, § 2(Att. A), 12-17-13)

17.46.3 - Application procedure.

A.

Requests for reasonable accommodation may be made by an individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities.

B.

Requests shall describe, in writing, the requested accommodation and the regulation or procedure for which accommodation is sought. Requests shall also explain how the subject regulation or procedure acts as a barrier to fair housing opportunities and why the requested accommodation is necessary for an individual with a disability to use and enjoy a dwelling.

C.

Applicants shall submit memoranda, correspondence, pictures, plans, or other information reasonably necessary for the City to review the requested accommodation.

D.

To the extent permitted by law, including the California Public Records Act, the City shall endeavor to keep confidential any material submitted by an applicant marked "confidential" in order to protect the privacy of an individual with a disability.

E.

Requests may be filed at any time.

F.

If an individual with a disability needs assistance in making a request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

(Ord. No. 13-03, § 2(Att. A), 12-17-13)

A.

The City will issue a written decision granting, granting with modifications, or denying requests for reasonable accommodation based on the following criteria:

1.

Whether the housing that is the subject of the request will be used by an individual with a disability protected under fair housing laws;

2.

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

3.

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

4.

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

5.

Whether the proposed accommodation will result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

B.

The City's written decision will explain the basis of the decision, including the City's findings as to the criteria set forth above. The written decision shall also give notice of the applicant's right to appeal and to

request reasonable accommodations in the appeal process as set forth below.

C.

While a request 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. City approval of a reasonable accommodation does not affect the applicability of regulations not at issue in the requested accommodation.

D.

The appeal procedure described in Chapter 17.43 shall apply to requests for reasonable accommodation. The City will provide assistance as necessary to ensure that the appeals process is accessible to individuals with disabilities.

(Ord. No. 13-03, § 2(Att. A), 12-17-13)

Reasonable accommodations are personal to the applicant and do not run with the land unless the City finds that the accommodation is physically integrated into the structure and cannot be easily removed or altered to comply with the City's zoning regulations or policies. Reasonable accommodations granted by the City shall remain in effect for as long as an individual with a disability occupies the affected dwelling(s) and shall be removed within sixty (60) days of the termination of such occupancy.

(Ord. No. 13-03, § 2(Att. A), 12-17-13)

Chapter 17.48 - AMENDMENTS TO ZONING MAP AND REGULATIONS

Sections: