Chapter 9.95
REASONABLE ACCOMMODATION
Sections:
9.95.100 Findings and decisions.
9.95.120 Appeals determination.
9.95.020 Intent and purpose.
This chapter is established pursuant to the provisions of California Government Code Sections 12927(c)(1) and 12955(1) 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 laws, regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests. (Ord. 970 Sec. 1, 2014)
9.95.040 Applicability.
In order to make specific housing available to an individual with a disability, any person may request a modification or exception 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.
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 applies only to those persons who are defined as disabled under the Acts. (Ord. 970 Sec. 1, 2014)
9.95.060 Application process.
(1) In order to make housing available to an individual with a disability, an applicant may request a reasonable accommodation in laws, regulations, policies, practices and procedures as regulated by the Norco Municipal Code.
(2) All requests shall be reasonable and limited to the minimum that the applicant believes is necessary to accommodate the disability. Requests for reasonable accommodation shall be submitted via a form approved by the Planning Division, together with the appropriate fee, as established by resolution adopted by the City Council, and shall be filed with the Planning Division. The applicant is requested to provide the following information:
(a) Name and address of the applicant;
(b) Name and address of the property owner(s);
(c) Address of the property for which accommodation is requested;
(d) The current use of the property for which accommodation is requested;
(e) Description of the requested accommodation, and the regulation(s), policy or procedure for which accommodation is sought, which could include site plans, floor plans, and/or details as necessary to define the extent of the accommodation;
(f) The basis for the claim that the fair housing laws apply to the individual(s) with a disability and evidence supporting the claim, which may be in the form of a letter from a medical doctor or other licensed healthcare professional, a handicapped license, or other appropriate evidence;
(g) Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the property; and
(h) How the property will be used by the applicant and individual(s) with disabilities.
(3) Any information identified by the applicant as confidential shall be retained by the City in a manner so as to respect the privacy rights of the individual with a disability and shall not be made available for public inspection.
(4) 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 applicant’s obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.
(5) If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.
(6) The fee for an application for reasonable accommodation shall be established by resolution of the City Council. (Ord. 970 Sec. 1, 2014)
9.95.080 Approval process.
(1) Approval Authority.
(a) Administrative Review. The Planning Director or an appointed designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The Planning Director or appointed designee may refer the matter to the City Council, as appropriate.
(b) City Council Review. The City Council has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the Planning Director or when a reasonable accommodation request includes any minor deviation from Norco Municipal Code requirements.
(2) Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the Planning Director. Requests for reasonable accommodation subject to review by the City Council shall require advance notice and a public hearing pursuant to the requirements of Chapter 4.04.
(3) Decision. The Planning Director or an appointed designee shall render a decision or refer the matter to the City Council within 30 days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in Section 9.95.100. The decision shall be in writing and mailed to the applicant.
If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the Planning Director or an appointed designee, unless the reasonable accommodation request has been referred by the Planning Director or an appointed designee to the City Council for consideration.
If the application for reasonable accommodation is referred to, or reviewed by, the City Council, a decision to approve, approve with conditions, or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth above. (Ord. 970 Sec. 1, 2014)
9.95.100 Findings and decisions.
(1) Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:
(a) The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.
(b) The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
(c) The requested reasonable accommodation would not impose an undue financial or administrative burden on the City.
(d) The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.
(e) The requested reasonable accommodation would not adversely impact surrounding properties or uses.
(f) There are no 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.
(2) 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 (1) of this section. (Ord. 970 Sec. 1, 2014)
9.95.120 Appeals determination.
Any decision on an application under this chapter shall be subject to appeal pursuant to Chapter 18.43. (Ord. 970 Sec. 1, 2014)