Chapter 17.51
REASONABLE ACCOMMODATION
Sections:
17.51.040 Application requirements.
17.51.050 Review authority and procedure.
17.51.070 Written decision on the request for reasonable accommodation.
17.51.010 Purpose.
The purpose of this chapter is to establish a procedure for reasonable accommodation in the city of Holtville. Per the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter referred to as “Fair Housing Acts”), it is the policy of the jurisdiction 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 and zoning, policies, practices and procedures of the city of Holtville to comply fully with the intent and purpose of the Fair Housing Acts. (Ord. 470 § 1, 2010).
17.51.020 Findings.
The city council of the city of Holtville finds the following:
The fair housing laws impose a duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.
A. The city of Holtville housing element identifies a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;
B. The Attorney General of the state of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities. (Ord. 470 § 2, 2010).
17.51.030 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 or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.
A “person with a disability” is one 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.
A request for reasonable accommodation may include a modification or exceptions 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. (Ord. 470 § 3, 2010).
17.51.040 Application requirements.
A. Application Requests. Requests for reasonable accommodation shall be submitted on the uniform planning application form, as a special accommodations permit as provided by the city clerk, or in the form of a letter, addressed to the city clerk, 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 current actual use of the property;
4. The basis for the claim that the individual is considered disabled under the Fair Housing Acts;
5. The zoning code provision, regulation or policy from which reasonable accommodation is being requested;
6. Explanation as to why the reasonable accommodation is necessary to make the specific property accessible to the disabled individual.
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, the following: 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 concurrent with the application for discretionary approval. (Ord. 470 § 4, 2010).
17.51.050 Review authority and procedure.
A. Review Process. Requests for reasonable accommodation shall be reviewed under the city’s normal procedures with initial review and recommendation by the project review committee and final review and determination by the planning commission.
B. Planning Commission Review. The planning commission shall make a written determination within 45 days and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with HMC 17.51.060, Required findings. (Ord. 470 § 5, 2010).
17.51.060 Required findings.
The written decisions to grant, grant with conditions or deny a request for reasonable accommodation shall be consistent with the Fair Housing Acts and shall be considered based on the following factors:
A. Findings.
1. Whether the dwelling unit which is the subject of the request will be inhabited or used by an individual disabled as defined under the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act;
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual disabled under the Fair Housing 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. The potential of the reasonable accommodation to impact surrounding land uses;
6. Alternative reasonable accommodations which may provide a comparable level of benefit.
B. Conditions of Approval. In granting a request for reasonable accommodation, the planning commission 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. 470 § 6, 2010).
17.51.070 Written decision on the request for reasonable accommodation.
A. Written Decision.
1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the planning commission’s findings on the criteria set forth in HMC 17.51.060(A). All written decisions shall inform the applicant of their right to appeal and to request reasonable accommodation in the appeals process set forth in HMC 17.51.080. The notice of decision shall be sent to the applicant via certified mail.
2. The written decision of the planning commission shall be final unless an applicant appeals it to the Holtville city council.
3. If upon appeal the reviewing authority fails to render a written decision on the request for reasonable accommodation within a 60-day time period, the request shall be deemed granted.
4. 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 effect. (Ord. 470 § 7, 2010).
17.51.080 Appeals.
A. Within 30 days of the date of the planning commission’s written decision, an applicant may appeal an adverse decision. Appeals from the adverse decisions shall be made in writing and delivered to the city clerk.
B. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the applicant’s rights. (Ord. 470 § 8, 2010).
17.51.090 Fees.
Notwithstanding any other provision of this code, there shall be a fee imposed in connection with an application for reasonable accommodation, including appeals, under this chapter. The fee for an application for reasonable accommodation shall be established by resolution of the city council. (Ord. 470 § 9, 2010).