Chapter 18.99
REASONABLE ACCOMMODATION POLICY
Sections:
18.99.020 Requesting reasonable accommodation.
18.99.030 Review of requests for reasonable accommodation.
18.99.040 Factors for considering requests for reasonable accommodation.
18.99.050 Conditions of approval.
18.99.060 Written determination on the request for reasonable accommodation.
18.99.010 Purpose.
It is the policy of the City of Mt. Shasta pursuant to the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions. (Ord. CCO-10-03 § 4, 2010)
18.99.020 Requesting reasonable accommodation.
In order to make specific housing available to an individual with a disability, any person acting on behalf of an individual with a disability may request a reasonable accommodation in the rules, policies, practices, and procedures regulating the siting, funding, development or use of housing by completing the “Fair Housing Accommodation Request” form and filing it with the Planning Department.
A request for reasonable accommodation in rules, policies, practices and/or procedures may be filed with no fee, at any time that the accommodation may be necessary to ensure equal access to housing (e.g., at the outset or during the approval process).
A reasonable accommodation request may include, but is not limited to, yard area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building addition(s) required strictly for accessibility accommodation.
If an applicant needs assistance in making the request for reasonable accommodation or any appeals associated with the request, the Planning Division shall provide reasonable assistance necessary to ensure that the process is accessible to the applicant. (Ord. CCO-10-03 § 4, 2010)
18.99.030 Review of requests for reasonable accommodation.
When a request for reasonable accommodation is filed with the Planning Division it is referred to the Planning Director or his/her designee for review and consideration. If necessary to reach a determination on the request for reasonable accommodation, the Planning Director or his/her designee may request further information from the applicant consistent with the Federal Fair Housing Amendments Act of 1988, specifying in detail what information is required.
Not more than 45 days after receiving a written request for reasonable accommodation, the Planning Director or his/her designee shall issue a written determination on the request. In the event that the Planning Director or his/her designee requests further information pursuant to the paragraph above, the running of this period shall be stopped. Once the applicant provides a complete response to the request, a new 45-day period shall begin. (Ord. CCO-10-03 § 4, 2010)
18.99.040 Factors for considering requests for reasonable accommodation.
The City Planner or his/her designee shall consider the following criteria when determining whether a requested accommodation is reasonable:
(A) The applicant making the request for reasonable accommodation is an individual protected under the Federal Fair Housing Amendments Act of 1988.
(B) The accommodation is necessary to make a specific dwelling unit(s) available to an individual protected under the Federal Fair Housing Amendments Act of 1988.
(C) The requested accommodation would not impose an undue financial or administrative burden on the City.
(D) The requested accommodation would not require a fundamental alteration in the nature of a program, policy, and/or procedure.
(E) Other unforeseen factors that may have a bearing on the specific accommodation request. (Ord. CCO-10-03 § 4, 2010)
18.99.050 Conditions of approval.
The conditions of approval may, where appropriate, provide for any or all of the following:
(A) Inspection of the affected premises periodically by the City Building Official as specified in the conditions, to verify compliance with this section and with any applicable conditions of approval;
(B) Removal of the improvements by the applicant, where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists; and
(C) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
Any grant of accommodation for an individual with a disability shall be considered as a personal accommodation for the individual applicant and does not run with the land. (Ord. CCO-10-03 § 4, 2010)
18.99.060 Written determination on the request for reasonable accommodation.
The City Planner’s or his/her designee’s written determination on the request for reasonable accommodation shall explain in detail the basis of the determination, including the findings on the criteria set forth in MSMC 18.99.040 and conditions of approval set forth in MSMC 18.99.050. The written determination shall be sent to the applicant by certified mail. All written determinations shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in MSMC 18.99.070. (Ord. CCO-10-03 § 4, 2010)
18.99.070 Appeals.
Within 10 days of the date of the City Planner’s or his/her designee’s written determination, the applicant may file an appeal of the determination. The appeal process shall be conducted pursuant to the procedures set forth in Chapter 18.32 MSMC. Appeals will be heard by the City of Mt. Shasta Planning Commission. (Ord. CCO-10-03 § 4, 2010)
18.99.080 CEQA exemption.
The City Council finds that the adoption and implementation of the ordinance codified in this chapter is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (Cal. Code Regs. Title 14) because there is no potential for causing a significant effect on the environment. (Ord. CCO-10-03 § 4, 2010)