Chapter 17.40
REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES
Sections:
17.40.020 Request requirements.
17.40.050 Findings, decision, and conditions.
17.40.010 Applicability.
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, building regulation, 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. The process for addressing reasonable accommodation requests established by this chapter applies to requests from persons defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts).
A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, improvement, 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. Requests for reasonable accommodation shall be made in the manner prescribed by Chapter 17.29. (Ord. 893 §3(16)(part), 2014)
17.40.020 Request requirements.
A. Requests for reasonable accommodation shall include the following information:
1. The applicant’s name, address and telephone number.
2. 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 municipal code provision, zoning ordinance provision, or other regulation or policy from which reasonable accommodation is being requested.
6. A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B. Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, 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. (Ord. 893 §3(16)(part), 2014)
17.40.030 Review authority.
A. Community Development Director. Requests for reasonable accommodation shall be reviewed by the community development director (director), or his or 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 discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. (Ord. 893 §3(16)(part), 2014)
17.40.040 Review procedure.
A. Director Review. The director, or his designee, shall make a written determination within thirty calendar days and either grant, grant with modifications, or deny a request for reasonable accommodation.
B. Other Reviewing Authority. 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. (Ord. 893 §3(16)(part), 2014)
17.40.050 Findings, decision, and conditions.
A. Findings and Decision. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall 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 protected 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. Potential impact on surrounding uses.
6. Physical attributes of the property and structures.
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 above findings. (Ord. 893 §3(16)(part), 2014)