Chapter 18.58 — ACCOMMODATIONS OF PERSONS WITH DISABILITIES

It is the policy of the City of Sutter Creek, pursuant to the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§ 3601 et seq.) and the California Fair Employment and Housing Act (Cal. Gov't Code §§ 12955 et seq.) (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This ordinance establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations, to comply fully with the intent and purpose of fair housing laws.

(Ord. 373, §30(Att. 2), 2023)

A.

Reasonable Accommodation. "Reasonable accommodation" for purposes of this chapter shall mean providing individuals with disabilities flexibility in the application of land use, zoning, and building regulations when it is necessary to eliminate barriers to housing opportunities.

B.

Individual with a Disability. An "individual with a disability" shall mean 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.

C.

Request. A request for reasonable accommodation may be made by any individual with a disability, or his or her representative, when the application of a land use, zoning, or building regulation, including policies, practices, or procedures, acts as a barrier to fair housing opportunities.

(Ord. 373, §30(Att. 2), 2023)

A.

Required Information. Requests for reasonable accommodation shall be in writing and provide the following information:

1.

Name and address of the requestor(s);

2.

Name and address of the property owner(s);

Address of the property for which accommodation is requested;

4.

Description of the requested accommodation and the regulation(s), policy, or procedure for which accommodation is sought; and

5.

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

B.

Confidential Information. 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 made available for public inspection.

C.

Timing. 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.

D.

Assistance. If an individual needs assistance in making the request for reasonable accommodation, the planning division will provide assistance to ensure that the process is accessible.

(Ord. 373, §30(Att. 2), 2023)

A.

Timing. Planning director shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection (B) herein. If the planning director fails to render a written decision on the request for reasonable accommodation within the thirty day time period allotted by subsection (A) herein, the request shall be deemed granted. Notwithstanding the foregoing, if necessary to reach a determination on the request for reasonable

accommodation, the planning director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty day period to issue a decision is stayed until the applicant responds to the request.

B.

Factors. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

1.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

2.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the 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, zoning, or building program;

5.

Whether the requested accommodation is reasonable given the impact that the requested accommodation would have on the surrounding community and on public safety; and

6.

Whether there are other accommodations that may provide an equivalent level of benefit.

C.

Written Decision. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the planning director's findings on the criteria set forth in subsection (B) herein. All written decisions shall give notice of the applicant's right to appeal 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.

Laws in Full Force and Effect. 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.

E.

Decision Final Unless Appealed. The written decision of the planning director shall be final unless an applicant appeals it to the planning commission pursuant to section 18.58.050.

(Ord. 373, §30(Att. 2), 2023)

A.

Timing. Within thirty days of the date of the planning director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

B.

Assistance. If an individual needs assistance in filing an appeal on an adverse decision, the planning division will provide assistance to ensure that the appeals process is accessible.

C.

Content of Appeal. 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 and shall not be made available for public inspection.

D.

Additional Remedies. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 373, §30(Att. 2), 2023)

Chapter 18.60 - CONDITIONAL USE PERMITS