It is the city's policy to provide reasonable accommodation in accordance with federal and state fair housing laws (42 USC § 3600 et seq., and Government Code § 12900 et seq.) for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. The term "disability" as used in this article shall have the same meaning as the terms "disability" and "handicapped" as defined in the federal and state fair housing laws. The purpose of this article is to establish the procedure by which a person may request reasonable accommodation, and how the request is to be processed.
(Ord. No. 14-13, § 3, 10-21-2014)
Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing.
(Ord. No. 14-13, § 3, 10-21-2014)
(a) 
Application required. An application for a reasonable accommodation shall be filed and processed with the Planning Division. The application shall include the following information and be subject to the determinant factors required by this section.
(b) 
Submittal requirements. The application shall be made in writing, and shall include the following information:
(1) 
The zoning code provision, regulation, policy, or condition from which accommodation is being requested;
(2) 
The basis for the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals;
(3) 
Any other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation;
(4) 
Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability;
(5) 
The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant;
(6) 
Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;
(7) 
Any other information that the hearing officer reasonably concludes is necessary to determine whether the findings required by subsection (e) of this section can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.
(c) 
Fees. No application fee is required.
(d) 
Director action. Within 60 days of receipt of a completed application, the director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit.
(e) 
Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a requested accommodation:
(1) 
Is the requested accommodation necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling? To determine whether the accommodation is necessary, the director may consider, among other things: The nature of the disability including the special needs created by the disability, the physical attributes and setting of the property and structures, the potential benefit that can be accomplished by the requested accommodation, and alternative accommodations that may provide a comparable level of benefit.
(2) 
Is the requested accommodation reasonable? A requested accommodation is not reasonable if it would impose an undue financial or administrative burden on the City. It is also not reasonable if it would fundamentally alter a City program, such as the City's zoning scheme.
a. 
In considering the financial or administrative burden on the City, the director may consider, among other things, the extent to which the City would have to dedicate resources, such as staff time and funds, to grant the request and other requests like it.
b. 
In considering the potential alteration to a City program, such as the City's zoning scheme, the director may consider, among other things, whether granting the request would be consistent with the City's General Plan, with the purpose and nature of the particular zoning district, and with nearby uses. The director may also consider whether the requested accommodation would potentially have adverse external impacts on properties in the vicinity.
(f) 
Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.
(1) 
The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.
(2) 
The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
(3) 
The requested accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.
(4) 
The requested accommodation is consistent with surrounding uses in scale and intensity of use.
(5) 
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
(6) 
If economic viability is raised by the applicant as part of the applicant's showing that the requested accommodation is necessary, then a finding that the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants generally, not just for that particular applicant.
(7) 
Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
(8) 
The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program.
(g) 
The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:
(1) 
Whether the requested accommodation would fundamentally alter the character of the neighborhood.
(2) 
Whether the accommodation would result in a substantial increase in traffic or insufficient parking.
(3) 
Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan.
(4) 
Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(5) 
Any other factors that would cause a fundamental alteration in the city's zoning program, as may be defined in the Fair Housing Law.
(Ord. No. 14-13, § 3, 10-21-2014; Ord. No. 17-05, § 1, 5-2-17)
Should any section, subsection, clause, or provision of this article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this article; it being hereby expressly declared that this article, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This article shall be prospective in application from its effective date.
(Ord. No. 14-13, § 3, 10-21-2014)