The purpose of this chapter is to provide a process for individuals
with disabilities to make requests for reasonable accommodation in
regard to relief from the various land use, zoning, or rules, policies,
practices and/or procedures of the City.
It is the policy of the City, pursuant to the Federal Fair Housing
Amendments Act of 1988, to provide people with disabilities reasonable
accommodation in rules, policies and procedures that may be necessary
to ensure equal access to housing.
(Ord. 5428 § 1, 2014)
A.
In
order to make specific housing available to an individual with a disability,
a disabled person or representative may request reasonable accommodation
relating to the various land use, zoning, or rules, policies, practices
and/or procedures of the City.
B.
If
an individual needs assistance in making the request for reasonable
accommodation, or appealing a determination regarding reasonable accommodation,
the Planning Division will endeavor to provide the assistance necessary
to ensure that the process is accessible to the applicant or representative.
C.
A request
for reasonable accommodation in laws, rules, policies, practices and/or
procedures may be filed on an application form provided by the Planning
Division at the time that the accommodation may be necessary to ensure
equal access to housing.
(Ord. 5428 § 1, 2014)
The applicant shall provide the following information:
A.
A completed
City application indicating, among other things, the applicant’s
name, address and telephone;
B.
Address
of the property for which the request is being made;
C.
The
current actual use of the property;
D.
The
zoning code provision, regulation or policy from which reasonable
accommodation is being requested;
E.
The
basis for the claim that the person(s) for whom reasonable accommodation
is sought is [are] considered disabled under the Fair Housing Act
and why the accommodation is reasonably necessary to make specific
housing available to the person(s);
F.
Such
other relevant information as may be requested by the Planning Manager
or designee.
(Ord. 5428 § 1, 2014)
Notwithstanding any other provision of this title, the Planning
Manager shall have the authority to consider and take action on requests
for reasonable accommodation. When a request for reasonable accommodation
is filed with the Planning Division, it will be referred to the Planning
Manager for review and consideration as a ministerial action unless
determined otherwise by the Planning Manager. A request for reasonable
accommodation shall be considered ministerial in nature when it is
related to a physical improvement that cannot be constructed to conform
to the City’s setbacks or design standards. Typical improvements
considered to be “ministerial” in nature would include
ramps, walls, handrails or other physical improvements necessary to
accommodate a person’s disability. The Planning Manager shall
issue a written determination of his or her action within 30 days
of the date of receipt of a completed application and may:
A.
Grant
or deny the accommodation request; or
B.
Grant
the accommodation request subject to specified nondiscriminatory condition(s);
or
C.
Forward the request to the Planning Commission for consideration as an Administrative Permit as prescribed in Section 19.74.010 and subject to the findings stated in Section 19.59.060.
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All written determinations of actions of the Planning Manager
shall give notice of the right to appeal and the right to request
reasonable accommodation on the appeals process (e.g., requesting
that City staff attempt to schedule an appeal hearing as soon as legally
and practically possible), if necessary. The notice of action shall
be sent to the applicant by mail.
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If necessary to reach a determination or action on the request
for reasonable accommodation, the Planning Manager may request further
information from the applicant consistent with the Planning Division’s
specifying, in detail, what information is required. In the event
a request for further information is made, the 30-day period to issue
a written determination shall be stayed until the applicant fully
and sufficiently responds to the request.
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(Ord. 5428 § 1, 2014)
All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the Planning Manager. At his or her sole discretion the Planning Manager can act upon the request as described in Section 19.59.040 or such request shall be forwarded to the Planning Commission. If a request is forwarded to the Planning Commission it shall be processed as an Administrative Permit in accordance with Section 19.74.010 and shall be subject to the findings stated in Section 19.59.060.
(Ord. 5428 § 1, 2014)
In making a determination regarding the reasonableness of a
requested accommodation the following findings shall be made:
A.
The
housing, which is the subject of the request for reasonable accommodation,
will be used for an individual protected under the Act.
B.
The
request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act.
C.
The
requested reasonable accommodation does not impose an undue financial
or administrative burden on the City, and does not fundamentally alter
City zoning, development standards, policies or procedures of the
City.
(Ord. 5428 § 1, 2014)
Appeal of the Planning Manager or Planning Commission action on the request for reasonable accommodation shall be made in accordance with the procedures specified in Chapter 19.80 of this title.
(Ord. 5428 § 1, 2014)
