Salinas Municipal Code Art. IV Reasonable Accommodation for Persons with Disabilities

The purpose of this section is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. No. 2561 (NCS), § 2, 9-1-2015)

(a) A request for reasonable accommodation may be submitted by any person with a disability, their representative or any entity (such as a developer or provider of housing for individuals with disabilities), when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. 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 such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

(b) 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 equal opportunity to housing of their choice.

(c) A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property.

(d) A reasonable accommodation may be granted in compliance with this section without the need for approval of a variance.

(e) Requests for reasonable accommodation shall be submitted in the manner prescribed in Section 17.21.30 Application Requirements.

(Ord. No. 2561 (NCS), § 2, 9-1-2015)

(a) Application. A request for reasonable accommodation shall be submitted on an application form provided by the community development department. In addition to any other information that is required by the application form, the request for reasonable accommodations shall contain the following information:

(1) Name, address, and telephone number(s) of the individual(s) requesting reasonable accommodation;

(2) Address of the property for which accommodation is requested;

(3) Name, address, and telephone number(s) of the property owner(s);

(4) The current actual use of the property;

(5) The basis for the claim that the individual is considered disabled under the Acts.

(6) The zoning ordinance provision, regulation, or policy for which reasonable accommodation is being requested; and

(7) Why the reasonable accommodation is necessary to accommodate the functional daily needs of the disabled individual.

(b) Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made requires other approvals, permits, or land use entitlements, then the applicant shall file the information required by Subsection (a) (Application) above, together with the other application.

(c) Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be available for public inspection.

(d) If an applicant needs assistance in submitting the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

(e) A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(Ord. No. 2561 (NCS), § 2, 9-1-2015)

(a) Community Development Director. A request for reasonable accommodation shall be reviewed by the community development director (director), or his/her designee if no approval is sought other than the request for reasonable accommodation.

(b) Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another planning approval, permit or land use entitlement shall be reviewed by the authority reviewing the other land use application.

(Ord. No. 2561 (NCS), § 2, 9-1-2015)

(a) If an application for reasonable accommodation is filed without any accompanying application for another planning approval, permit or land use entitlement, it shall be processed in the same manner as a conditional use permit for minor exception, pursuant to Section 37-60.490, including notification to the owners of record of all properties which are adjacent to the subject property.

(b) If an application for reasonable accommodation is filed with an application for another discretionary planning approval, permit or land use entitlement, it shall be heard and acted upon at the same time and in the same manner as such other application, and shall be subject to all of the same procedures.

(c) If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. Such request shall occur during the thirty-day review for completeness.

(d) Director Review. The director, or director designee, shall provide a written determination within forty-five days of a complete application and, either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17-21.060 Findings and Decision.

(Ord. No. 2561 (NCS), § 2, 9-1-2015)

(a) Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

(1) Whether the housing, which is the subject of the request, will be used by an individual with a disability as defined under the Acts.

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

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

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

(5) Potential impact on surrounding uses.

(6) Physical attributes of the property and structures; and

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

(b) 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 reasonable accommodation would comply with the findings required by Subsection (a) above. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(c) All written decisions shall give notice of the right to appeal by the applicant or an adjacent property owner and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

(d) The written decision of the director, or director designee, shall be final unless an applicant appeals it to the planning commission.

(e) 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.

(Ord. No. 2561 (NCS), § 2, 9-1-2015)

A determination by the director, or director designee, to either grant, grant with modifications, or deny a request for reasonable accommodation may be appealed to the planning commission in compliance with the Salinas Municipal Code Division VI of Section 17, Appeals. If an individual needs assistance in filing an appeal on a decision, the city will provide assistance to ensure that the appeals process is accessible. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant(s) and shall not be made available for public inspection.

(Ord. No. 2561 (NCS), § 2, 9-1-2015)