Chapter 17.144 — REASONABLE ACCOMMODATIONS

These regulations are intended to provide a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the "Acts") to request reasonable accommodation in the application of the City's land use regulations and to establish relevant criteria to be used when considering such requests.

A.

This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

This chapter is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in these sections shall be interpreted to require the City to waiver or reduce development or building fees associated with the granting of a reasonable accommodation request.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A request for reasonable accommodations 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.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.144.030 - Administration.

A.

Requesting Reasonable Accommodation. A disabled person (or his or her representative) who requests a reasonable accommodation in the form of a modification in the application of a zoning requirement or prohibition that might otherwise act as a barrier to fair housing opportunities due to the disability of the applicant may do so by submitting a letter to the Community Development Director and paying any fees. The letter shall contain the following information:

1.

The applicant's name, address, telephone number, and e-mail address;

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

3.

The current actual use of the property;

4.

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

5.

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

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

If an individual needs assistance in making the request for reasonable accommodation, the Community Development Director will make every effort to provide the assistance necessary to ensure that the process is accessible to the applicant.

C.

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

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Community Development Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below.

B.

Rather than act on a request for reasonable accommodation, the Community Development Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning

Commission, notice for a public hearing shall be given as required by Chapter 17.156 (Public Hearings and Administrative Review). The determination shall be based on the ability to make the required findings as set forth below.

C.

Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following findings must be analyzed, made and adopted before any action is taken to approve,

conditionally approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to approval, conditional approval or denial:

A.

The housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts;

B.

The request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;

C.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the City;

D.

The reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning;

E.

The impact on surrounding uses does not negatively impact the public health, safety, and welfare;

F.

The physical attributes of and any proposed changes to the subject property and structures are necessary and appropriate;

G.

There are no alternative reasonable accommodations which may provide an equivalent level of benefit and greater adherence to the Code;

H.

The reasonable accommodation would not result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.144.060 - Conditions of approval.

A.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of or for approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.144.040.

B.

Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

C.

Any approval or conditional approval of an application under Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.144.070 - Appeals.

The decision of the Community Development Director or the Planning Commission may be appealed as set forth in Chapter 17.160 (Appeals and Requests for Review).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.148 - DEVELOPMENT AGREEMENTS

Chapter 17.152 - GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS