Chapter 9.50 — Reasonable Accommodations [new]

Sections:

• 9.50.010 Purpose

• 9.50.020 Applicability

• 9.50.030 Application Requirements

• 9.50.040 Review Authority

• 9.50.050 Review Procedures

• 9.50.060 Findings and Decision

• 9.50.070 Rescission of Approval of Reasonable Accommodation

• 9.50.080 Post Decision Procedures

A. The Acts

Chapter 9.50 provides a procedure to request 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 (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B. Adjustment to Physical Design Standards

A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

A. Eligible Applicants

1. A request for Reasonable Accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law (i.e., development standard) or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2. 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.

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

B. Eligible Request

1. A request for Reasonable Accommodation may include a modification 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.

2. A request for Reasonable Accommodation shall comply with Section 9.50.030 (Application Requirements), below.

Tehachapi Zoning Code | October 2014 Adopted | 9-25

Chapter 9.50 Reasonable Accommodations [new]

A. Filing

An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 9.10 (Application Processing Procedures).

B. Required Data

The application shall include the information and materials specified in the Department handout for Reasonable Accommodation applications, together with the required fee.

C. Filing with Other Land Use Applications

If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Use Permit, Site Plan and Design Review, etc.), the applicant shall file the information required by Subsection A., above, together with the materials required for the other discretionary approval.

D. Responsibility of the Applicant

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9.50.060 (Findings and Decision).

A. Director

A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

B. Other Review Authority

A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application (e.g., Use Permit) shall be reviewed (and approved or denied) by the authority reviewing the discretionary land use application.

A. Director's Review

The Director shall make a written decision and either approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 9.50.060 (Findings and Decision).

B. Other Review Authority

1. The written decision on whether to approve 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.

2. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 9.50.060 (Findings and Decision).

9-26 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 9.50 Reasonable Accommodations [new]

A. Findings

The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:

1. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled 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 land use and zoning;

5. Whether there are alternatives to the requested waiver or exception that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

6. Physical attributes of the property and structures; and

7. Other Reasonable Accommodations that may provide an equivalent level of benefit.

B. Conditions of Approval

In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Subsection A. (Findings).

A. Rescission

1. An approval or conditional approval of an application made in compliance with Chapter 9.10 may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.), unless allowed to remain in compliance with Subsection B., below.

2. If rescinded or is subject to automatic expiration, the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject property in compliance with Subsection B. 2.

B. Discontinuance

1. A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days.

2. If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the review authority first determines that:

• a) The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Code; or

• b) The accommodation is to be used by another qualifying individual with a disability.

3. The review authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities.

4. Failure to provide the documentation within 30 days of the date of a request by the review authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.

5. Discontinuance shall require that the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject property.

Tehachapi Zoning Code | October 2014 Adopted |

9-27

Chapter 9.50 Reasonable Accommodations [new]

The procedures and requirements in Chapter 9.90 (Permit Implementation, Time Limits, and Extensions), and those related to appeals (Chapter 10.20) and Modifications and Revocations (Chapter 9.100) shall apply following the decision on a Reasonable Accommodation application.

9-28 | Adopted October 2014 | Tehachapi Zoning Code