Chapter 17.66
REQUEST FOR REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT
Sections:
17.66.030 Application requirements.
17.66.040 Review authority and procedure.
17.66.050 Reasonable accommodation findings and decision.
17.66.060 Appeal of determination.
17.66.010 Purpose and intent.
This chapter provides a 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. 445 § 5, 2014)
17.66.020 Applicability.
A. A request for a reasonable accommodation in land use, zoning, and building laws, regulations, policies, or practices may be made by any person with a disability, or by an entity acting on behalf of a person or persons with disabilities, to secure equal access to housing. This chapter applies to those persons who are defined as disabled under the Acts. An individual with a disability is generally 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. A disability does not include impairments resulting from the current, illegal use of or addiction to a controlled substance.
B. Requests for reasonable accommodation shall be made in the manner prescribed by SBMC 17.66.030. (Ord. 445 § 5, 2014)
17.66.030 Application requirements.
A request for reasonable accommodation shall be submitted to the community development department on application forms prescribed by the community development department to include but not be limited to the following items:
A. Application form signed by the property owner or authorized agent;
B. The applicant’s name, address and telephone number;
C. The street address and assessor’s parcel number of the property for which the request is being made;
D. The current and proposed use of the property;
E. The name, address, and telephone number of the individual with a disability for whom the reasonable accommodation is being requested;
F. The basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts;
G. A description of the reasonable accommodation request and the land use or zoning law, provision, building regulation or policy to be modified or waived;
H. A statement of the reason why the requested accommodation is necessary for the individual with a disability to use and enjoy the dwelling. (Ord. 445 § 5, 2014)
17.66.040 Review authority and procedure.
A. If the reasonable accommodation request requires another city permit or approval, an application for a reasonable accommodation must be submitted with and processed concurrently with the application for the other city permit, whether such permit is ministerial or discretionary.
B. An application for a reasonable accommodation associated with a ministerial permit shall be reviewed by the community development director. The community development director shall make a written determination within 30 days after a complete application for a reasonable accommodation is submitted, and shall either grant, grant with modifications, or deny a request for a reasonable accommodation in accordance with SBMC 17.66.050.
C. If the application request is associated with a discretionary permit, the reasonable accommodation request will be heard simultaneously with the application for the discretionary permit. The decision to grant, grant with modifications, or deny a request for a reasonable accommodation will be made in writing by the authority taking action on the other discretionary permit in accordance with SBMC 17.66.050. (Ord. 445 § 5, 2014)
17.66.050 Reasonable accommodation findings and decision.
A. The requested accommodation may be approved or granted with modifications if the following findings can be made:
1. The housing which is the subject of the request will be used by one or more individuals with a disability protected under the Acts;
2. The accommodation requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the city; and
4. The requested reasonable accommodation will not require a fundamental alteration in the nature of a city program or law, including but not limited to the general plan, zoning ordinance, and building laws.
B. The following criteria, among other factors, may be considered by the community development director regarding the reasonableness of the requested accommodation:
1. Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit; and
2. Whether the requested reasonable accommodation substantially affects the physical attributes of the property or has impacts on surrounding properties that would fundamentally alter a city program or law.
C. The community development director may impose any conditions of approval needed to ensure that the project complies with the required findings in subsection A of this section. Conditions may include, but are not limited to, ensuring that any removable structures or physical design features that are constructed or installed in association with a reasonable accommodation are capable of being removed once those structures or physical design features are no longer necessary to provide access to the dwelling unit for the current occupants.
D. If an application for reasonable accommodation is approved, the request shall be granted to an individual and shall not run with the land unless it is determined that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code, or (2) the accommodation is to be used by another individual with a disability, and the finding in subsection (A)(1) of this section can be made. (Ord. 445 § 5, 2014)
17.66.060 Appeal of determination.
The decision of the community development director to grant, grant with modifications, or deny a request for reasonable accommodation shall become final 15 calendar days after the notice of decision unless a notice of appeal to the city council is filed in accordance with SBMC 17.72.070. (Ord. 445 § 5, 2014)