Chapter 17.84
REASONABLE ACCOMMODATION

Sections:

17.84.010    Purpose.

17.84.020    Applicability.

17.84.030    Availability of information.

17.84.040    Application requirements.

17.84.050    Review authority.

17.84.060    Review procedure.

17.84.070    Limitations.

17.84.080    Findings and decision.

17.84.090    Appeal of determination.

17.84.100    Rescission of grants of reasonable accommodation.

17.84.010 Purpose.

The purpose of this chapter is to provide a formal 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 (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. (Ord. 579 § 2 (part), 2013)

17.84.020 Applicability.

A.    A request for reasonable accommodation may be made by any person with a disability, their representative or any developer or provider of housing for persons 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 for persons with disabilities.

B.    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 chapter is intended to apply to those persons who are defined as disabled under the Acts.

C.    A request for reasonable accommodation may include a modification or exception to the land use or zoning regulations, policies, practices or procedures for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers to housing opportunities for a person with a disability. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.84.040 (Application requirements). (Ord. 579 § 2 (part), 2013)

17.84.030 Availability of information.

Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter in the community development department, advising the public of the availability of the procedure for eligible individuals. (Ord. 579 § 2 (part), 2013)

17.84.040 Application requirements.

A.    Application. Requests for reasonable accommodation by any eligible person or entity described in Section 17.84.020(A) shall be submitted on an application form provided by the community development department, or in the form of a letter, to the director of community development and shall contain 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 property owner’s name, address and telephone number and the owner’s written consent.

4.    The current actual use of the property.

5.    The basis for the claim that the individual that resides or will reside at the property is considered disabled under the Acts.

6.    The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

7.    Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

8.    Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation.

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. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority 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 forty-five-day period to issue a decision set forth in Section 17.84.060 is stayed until the applicant responds to the request.

B.    Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A of this section together for concurrent review with the application for discretionary approval. (Ord. 579 § 2 (part), 2013)

17.84.050 Review authority.

A.    Director of Community Development. Requests for reasonable accommodation shall be reviewed by the director of community development (director), or his 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. 579 § 2 (part), 2013)

17.84.060 Review procedure.

A.    Director Review. If no approval is sought other than the request for reasonable accommodation, the director, or his designee, shall make a written determination within forty-five days of the date of the request and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.84.080 (Findings and decision).

B.    Other Reviewing Authority. If the reasonable accommodation is submitted for concurrent review with another land use application, 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. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.84.080 (Findings and decision). (Ord. 579 § 2 (part), 2013)

17.84.070 Limitations.

A reasonable accommodation request granted pursuant to Section 17.84.080 shall be limited to any, or all, of the following:

A.    Paved area coverage not greater than two hundred fifty square feet in excess of allowable limits for the site;

B.    Lot coverage not greater than one hundred fifty square feet in excess of allowable limits for the site;

C.    Encroachment into setbacks not greater than ten percent of the allowable setback;

D.    Height increase not more than ten percent of the allowed height. (Ord. 579 § 2 (part), 2013)

17.84.080 Findings and decision.

A.    Findings. The written decision to grant 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 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 the request will have a significant adverse impact on surrounding uses.

6.    Whether there are 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.

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 of this section. (Ord. 579 § 2 (part), 2013)

17.84.090 Appeal of determination.

A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed in compliance with Section 17.06.150. (Ord. 579 § 2 (part), 2013)

17.84.100 Rescission of grants of reasonable accommodation.

Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances. (Ord. 579 § 2 (part), 2013)