Chapter 18.30
REASONABLE ACCOMMODATIONS
Sections:
18.30.040 Application requirements.
18.30.080 Conditions of approval.
18.30.010 Purpose and intent.
It is the policy of the city of Pittsburg, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, 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 to comply fully with the intent and purpose of fair housing laws. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.020 Definitions.
A. “Disabled person” means any person who has a medical condition, physical disability, or mental disability that substantially limits one or more of the person’s major life activities; has a record of such impairment; or is regarded as having such an impairment, as those terms are defined in the California Fair Employment and Housing Act (Government Code Sections 12925 through 12928, as may be amended from time to time).
B. “Fair housing laws” means the federal Fair Housing Amendments Act of 1988 (42 USC Section 3601 et seq.) and the California Fair Employment and Housing Act (Government Code Sections 12900 et seq.), as those acts may be amended from time to time.
C. “Reasonable accommodations” provide flexibility in the application of land use and zoning regulations and building regulations, policies, practices and procedures to eliminate barriers to housing opportunities for disabled persons. Reasonable accommodations may include, but are not limited to, the following: yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions such as widened driveways, parking areas or walkways; building additions for accessibility; tree removal; or any other standard that inhibits accessibility. Reasonable accommodation does not include an accommodation that would (1) impose an undue financial or administrative burden on the city; (2) require a fundamental alteration in the nature of the city’s land use and zoning program; or (3) waive a land use regulation of this title. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.030 Applicability.
This chapter shall apply when the application of standard land use, zoning and building regulations, policies, practices and procedures interferes with a disabled individual’s use or enjoyment of the dwelling unit in which the individual resides. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.040 Application requirements.
A. Requests for reasonable accommodation shall be made by a qualified applicant or his or her designee and submitted on an application form provided by the city planner. The application shall contain the following information:
1. The applicant’s name, address and telephone number. If applicable, applicant designee’s name, address and telephone number.
2. The property owner’s name, address and telephone number, if different from the applicant.
3. Address of the property for which the request is being made.
4. The current actual use of the property.
5. The zoning code provision, building regulation or policy from which reasonable accommodation is being requested.
6. The type of accommodation sought and the basis for the claim for which a request for reasonable accommodation is sought and documentation to support such claim.
7. The reason that the requested accommodation is reasonable and necessary for the individual(s) with the disability to use and enjoy the housing.
8. If the disability is not permanent, an indication of the timing and anticipated duration for needing the reasonable accommodation, to the extent permitted by applicable law.
9. Additional information to support the request including, but not limited to, copies of memoranda, correspondence, pictures, plans, background information or other supportive information consistent with fair housing laws.
B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires another discretionary approval including but not limited to conditional use permit, design review, general plan amendment, zoning amendment or other approval, the applicant shall file the information required in subsection (A) of this section together for concurrent review with the application for discretionary approval.
C. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
D. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and, to the extent permitted by law, shall not be made available for public inspection. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.050 Authority to grant.
A. City Planner. Requests for reasonable accommodation for a single-family home shall be reviewed by the city planner or designee if there are no additional discretionary approvals sought other than the request for reasonable accommodation.
B. Other Review Authority. Requests for reasonable accommodation for residential uses other than a single-family home or a request for a reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the zoning administrator, planning commission, or city council, as applicable. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.060 Review procedure.
A. City Planner Review. If the application for reasonable accommodation is not for residential uses other than a single-family home, and is not accompanied by any other discretionary application, the city planner shall issue a written decision within 30 days after the application is deemed complete if the requested reasonable accommodation is found to be in accordance with PMC 18.30.070 (Decision).
B. Other Reviewing Authority. In the event that the request for reasonable accommodation is for uses other than a single-family home or is accompanied by other discretionary applications, the planning commission or city council, as applicable, shall issue a written decision on the reasonable accommodation request at the same time as it makes a decision on the discretionary application. In reviewing the request for reasonable accommodation, the reviewing authority shall consider no criteria other than those described in PMC 18.30.070 (Decision), regardless of its review of applications for other land use entitlements or the criteria for considering such other applications.
C. If necessary to reach a decision on the request for reasonable accommodation, and if consistent with fair housing laws, the city planner or other reviewing authority may request further information from the applicant specifying in detail the information that is required. Such additional information may include, but is not limited to, copies of memoranda, correspondence, pictures, plans, background information or other supportive information consistent with fair housing laws. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant provides the requested information.
D. Notice Required.
1. No fewer than 10 calendar days prior to making a decision on an application for reasonable accommodation, the city planner shall mail notice of the request to each owner of property located within 300 feet of the boundaries of the property for which the reasonable accommodation is requested. The notice shall include the address of the reasonable accommodation and a general description of the requested accommodation. The notice shall specify the date on which the decision on the reasonable accommodation is scheduled to be made, and shall provide an explanation of the means by which owners of property within the specified radius can provide written or verbal comments on the reasonable accommodation request on or prior to the scheduled date of the decision.
2. Notwithstanding subsection (D)(1) of this section, if one or more discretionary actions requiring a public hearing are associated with a reasonable accommodation request, the notice of consideration of a reasonable accommodation request shall be provided as part of and in the same manner as the notice required for the related discretionary action, as specified in PMC 18.14.020. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.070 Decision.
A. Findings. The reviewing authority shall grant the request for reasonable accommodation if it can make the following findings:
1. The housing that is the subject of the request will be utilized by a disabled individual pursuant to fair housing laws;
2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability pursuant to fair housing laws;
3. The requested accommodation would not impose an undue financial or administrative burden on the city; and
4. The requested accommodation would not require a fundamental alteration in the nature of the city’s land use, zoning or building regulations.
B. Notice to Applicant. Notice of the reviewing authority’s decision shall be provided to the applicant. The written decision shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth in PMC 18.30.090.
C. Notice to Neighbors. Notice of the reviewing authority’s decision shall be provided to each owner of property located within 300 feet of the boundaries of the property for which the reasonable accommodation was requested. The notice shall include the address of the reasonable accommodation and a general description of the accommodation. The notice shall include information regarding the owner’s right to appeal the reviewing authority’s decision. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.080 Conditions of approval.
In granting a request for reasonable accommodation, the reviewing authority (city planner, zoning administrator, planning commission or city council) may impose conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with PMC 18.30.070 (Decision), and may offer alternative reasonable accommodations that may provide an equivalent level of benefit. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are no longer necessary to afford the individual with a disability for whom the reasonable accommodation was granted; or to reduce impacts on neighbors and to preserve the character of the surrounding environment. [Ord. 15-1389 § 3 (Exh. A), 2015.]
18.30.090 Appeal of decision.
A. A decision related to a request for reasonable accommodation for a multifamily residential use may be appealed in accordance with Chapter 18.18 PMC (Decisions and Appeals).
B. A decision related to a request for reasonable accommodation for a single-family residential use may be appealed in accordance with Chapter 18.18 PMC (Decisions and Appeals), except that only the applicant, the applicant’s representative and owners of property within 300 feet of the project location may appeal a decision made under this chapter.
C. If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.
D. Any information identified by an applicant as confidential in his or her notice of appeal shall be retained in a manner so as to respect the privacy rights of the applicant and, to the extent permitted by law, shall not be made available for public inspection. [Ord. 15-1389 § 3 (Exh. A), 2015.]