Chapter 17.132
REASONABLE ACCOMMODATION
Sections:
17.132.010 Purpose and intent.
17.132.040 Requesting reasonable accommodation.
17.132.050 Required information.
17.132.060 Reviewing authority – Decision.
17.132.070 Required findings for reasonable accommodation.
17.132.080 Effective date – Appeals.
17.132.010 Purpose and intent.
The purpose of this chapter is to provide a process for individuals with disabilities to make requests for reasonable accommodation in zoning and other land use regulations or rules, policies, practices, and/or procedures of the city. It is the intent of the city, pursuant to the Federal Fair Housing Act of 1988 and the California Fair Employment and Housing Act, to provide people 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. (Ord. 14-10 § 1).
17.132.020 Applicability.
Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. In order to make specific housing available to an individual with a disability, any person may request 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. The provisions of this chapter apply to all zoning districts including overlay districts and all adopted local area and specific plans, and to BMC Title 15, Building and Construction, regulations.
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 that has a record of such impairment. This chapter applies only to those persons who are disabled as defined herein. (Ord. 14-10 § 1).
17.132.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.
“Act” means the Fair Housing Amendments Act of 1988.
“Applicant” means an individual making a request for reasonable accommodation pursuant to this chapter.
“Disability” means, with respect to an individual, a medical, physical or mental impairment that limits one or more major life activities, as those terms are defined in California Government Code Section 12926; anyone who is regarded as having such a condition; or anyone who has a record of having such a condition. The term “disabled person” does not include a person who is currently using illegal substances, unless he or she has a separate disability. (Ord. 14-10 § 1).
17.132.040 Requesting reasonable accommodation.
A. In order to make specific housing available to an individual with a disability, the applicant may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the city. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a use permit when otherwise required or result in approval of uses otherwise prohibited by the city’s land use and zoning regulations.
B. If the applicant needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the community development director will provide the assistance necessary to ensure that the process is accessible to the applicant.
C. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the department at any time that the accommodation may be necessary to ensure equal access to housing.
D. A reasonable accommodation does not affect an applicant’s obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.
E. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, architectural review, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the community development director, before proceeding with the other applications. (Ord. 14-10 § 1).
17.132.050 Required information.
A. The applicant shall submit a request for reasonable accommodation on a form provided by the planning division. The application shall include the following information:
1. The applicant’s name, address, telephone number, and e-mail address, if available;
2. Address of the property for which the request is being made;
3. The name and address of the property owner, and the owner’s written consent to the application;
4. The current and proposed use of the property;
5. The basis for the claim under the Act, that the fair housing laws apply to the individual(s) with a disability and evidence supporting the claim, including the effects on the person’s limitations as it relates to the request, which may be in the form of a letter from a medical doctor or other licensed healthcare professional, handicapped license, or other appropriate evidence;
6. Description of the requested accommodation, and the rule, policy, practice and/or procedure of the city for which the request for accommodation is being made;
7. Copies of memoranda, correspondence, pictures, site plans, floor plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and
8. Such other relevant information as may be requested by the community development director as determined necessary to makes the findings required by BMC 17.132.070, so long as any request for information regarding the disability of the individuals benefited complies with the Act and the privacy rights of the individual(s) affected.
B. Any information identified by the applicant as confidential shall be retained by the city in a manner that respects the privacy rights of the individual with a disability and shall not be made available for public inspection. (Ord. 14-10 § 1).
17.132.060 Reviewing authority – Decision.
A. Requests for reasonable accommodation shall be reviewed by the community development director or their designee.
B. The community development director or their designee shall issue a written decision on a request for reasonable accommodation and may either grant, grant with modification, or deny a request for reasonable accommodation in accordance with the required findings set forth in BMC 17.132.070. (Ord. 14-10 § 1).
17.132.070 Required findings for reasonable accommodation.
In making a determination regarding the reasonableness of a requested reasonable accommodation, the approving authority shall make the following findings:
A. The housing which is the subject of the request for reasonable accommodation will be used for an individual(s) with a disability protected under the Act.
B. The request for reasonable accommodation is necessary to make specific housing available to an individual(s) with a disability protected under the Act.
C. The requested reasonable accommodation does not impose an undue financial or administrative burden on the city.
D. The requested accommodation will not require a fundamental alteration of the zoning and building laws, policies and/or procedures of the city.
E. There are no other reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.
F. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. (Ord. 14-10 § 1).
17.132.080 Effective date – Appeals.
A. 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 in Chapter 1.44 BMC.
B. If an individual(s) needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.
C. The written decision of the community development director or their designee shall be final unless appealed.
D. 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. 14-10 § 1).
17.132.090 Fee.
There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter. (Ord. 14-10 § 1).