CHAPTER 1.56
REASONABLE ACCOMMODATIONS FOR SPECIAL NEEDS HOUSING
SECTION:
1.56.030: Notice To The Public Of Availability Of Accommodation Process
1.56.040: Requesting Reasonable Accommodation
1.56.070: Written Decision On The Request For Reasonable Accommodation
1.56.010 INTENT:
It is the intent of the city, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals 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. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws. (Ord. 2016-92, 4-4-2016)
1.56.020 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. An individual with a disability is 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 request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. (Ord. 2016-92, 4-4-2016)
1.56.030 NOTICE TO THE PUBLIC OF AVAILABILITY OF ACCOMMODATION PROCESS:
Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter at City Hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public at City Hall. (Ord. 2016-92, 4-4-2016)
1.56.040 REQUESTING REASONABLE ACCOMMODATION:
A. In order to make housing available to an individual with a disability, any eligible person as defined in section 1.56.020 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.
B. Requests for reasonable accommodation shall be in writing and provide the following information:
1. Name and address of the individual(s) requesting reasonable accommodation;
2. Name and address of the property owner(s);
3. Address of the property for which accommodation is requested;
4. Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and
5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
C. Any information pertaining to the nature of an applicant’s disability that is 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.
D. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
E. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. (Ord. 2016-92, 4-4-2016)
1.56.050 REVIEWING AUTHORITY:
A. Requests for reasonable accommodation shall be reviewed by the community development director, using the criteria set forth in section 1.56.060.
B. The community development director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in section 1.56.060.
C. If necessary to reach a determination on the request for reasonable accommodation, the community development director 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 thirty (30) day period to issue a decision is stayed until the applicant responds to the request. (Ord. 2016-92, 4-4-2016)
1.56.060 REQUIRED FINDINGS:
The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
B. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
C. Whether the requested accommodation would impose an undue financial or administrative burden on the city; and
D. Whether the requested accommodation would require a fundamental alteration in the nature of city’s land use and zoning or building program. (Ord. 2016-92, 4-4-2016)
1.56.070 WRITTEN DECISION ON THE REQUEST FOR REASONABLE ACCOMMODATION:
A. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings made by the community development director on the criteria set forth in section 1.56.060. 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 below. The notice of decision shall be sent to the applicant by certified mail.
B. The written decision of the community development director shall be final unless an applicant appeals it to the planning commission.
C. If the community development director fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by section 1.56.050, unless otherwise stayed, the request shall be deemed granted.
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. 2016-92, 4-4-2016)
1.56.080 APPEALS:
A. An adverse decision rendered by the community development director per section 1.56.070 may be appealed, and in that event, the regulations set forth in chapter 12.40, Appeals, shall apply.
B. If requested, the city will provide assistance to an individual intending to file an appeal, to ensure that the appeals process is accessible. Such assistance shall be limited to that which can be provided by existing city staff, and in no case shall the city be responsible for hiring any outside expert to assist an individual intending to file an appeal.
C. Any information pertaining to the nature of an applicant’s disability that is 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. (Ord. 2016-92, 4-4-2016)