Chapter 17.19 — REASONABLE ACCOMMODATION

Editor's note— Ord. No. 2023-01, §§ 1—3, adopted January 17, 2023, set out provisions intended for use as ch. 17.18, §§ 17.18.010—17.18.080. Inasmuch as there were already provisions so designated, said chapter has been codified herein as ch. 17.19, §§ 17.19.010—17.19.080 at the discretion of the editor.

This chapter establishes the procedures to request a reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

(Ord. No. 2023-01, §§ 1—3)

A.

A request for a reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

B.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

C.

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

(Ord. No. 2023-01, §§ 1—3)

The city manager, or his/her designee, shall act as the review authority for reasonable accommodation applications based on consideration of the requirements of this chapter. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the review authority for the discretionary land use application.

(Ord. No. 2023-01, §§ 1—3)

An application for a reasonable accommodation shall be prepared, filed, and processed in with the city of Orland. No noticing or public hearing is required for a reasonable accommodation request. In addition to any other information required under the city of Orland Municipal Code, an applicant submitting a request for reasonable accommodation must provide the following information:

A.

Description of the accommodation request;

B.

The applicant's name, address, and telephone number;

C.

Location of the subject property, including address and assessor's parcel numbers;

D.

Name and address of the property owner and the owner's written consent to the application;

E.

The current actual use of the subject property;

F.

Verifiable documentation of the individual's disability status;

G.

The regulation(s), policy, or procedure for which accommodation is sought;

H.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling;

I.

The anticipated timeframe in which the reasonable accommodation is valid and evidence to support the projected timeframe (i.e., would the reasonable accommodation have short- or long-term impacts to a land use or other concerned parties, including but not limited to the city of Orland and residents thereof); and

J.

Additional information necessary for planning division staff to facilitate proper consideration of the request, consistent with fair housing laws.

(Ord. No. 2023-01, §§ 1—3)

The city manager, or his/her designee, shall make a written determination within seven days of the application submittal date on whether to determine completeness of the reasonable accommodations request application, and to identify the specific approval process including any conditions of approval required of the applicant. Following the determination above, the city manager, or his/her designee, shall make a written determination within ten (10) days of the final decision to either approve, modify, or deny a request for reasonable accommodation in compliance with Section 17.18.040, unless the city in its required findings determines that further public opinion on the matter is required, in which the city shall make a written determination within ten (10) days of any required public hearing on the matter.

(Ord. No. 2023-01, §§ 1—3)

The director must consider all of the following factors in order to approve or deny a request for reasonable accommodation that will be consistent with the acts.

A.

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

B.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

C.

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

D.

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

(Ord. No. 2023-01, §§ 1—3)

In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.

(Ord. No. 2023-01, §§ 1—3)

A.

Appeals. Reasonable accommodation decisions may be appealed as provided for in Section 17.18.060.

B.

Expiration, Extensions, and Revisions. Reasonable accommodations may only be expired, extended, or revised as provided for in Section 17.19.070. A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

(Ord. No. 2023-01, §§ 1—3)