This chapter establishes the procedures to request Reasonable
Accommodation for persons with disabilities seeking equal access to
housing under the California Fair Employment and Housing Act, the
Federal Fair Housing Act, and the Americans with Disabilities Act
("the Acts") in the application of zoning law and other land use regulations,
policies, procedures, and conditions of approval.
(Ord. 19-1 § 3)
The Director shall act as the Review Authority for Reasonable
Accommodation applications based on consideration of the requirements
of this chapter. Requests submitted for concurrent review with another
discretionary land use application shall be reviewed by the Review
Authority for the discretionary land use application.
(Ord. 19-1 § 3)
An application for a Reasonable Accommodation shall be prepared, filed, and processed in compliance with Section
17.35.020, Application Forms and Fees. No noticing or public hearing are required for a Reasonable Accommodation request. In addition to any other information required under the West Sacramento Municipal Code, an applicant submitting a request for Reasonable Accommodation must provide the following information:
A. Description
of the accommodation request;
B. The
applicant's name, address, and telephone number;
C. Location
of the subject property, including address and assessor's parcel numbers;
D. Name
and address of the property owner and the owner's written consent
to the application;
E. The
current actual use of the subject property;
F. Verifiable
documentation of the individual's disability status;
G. The
regulation(s), policy, or procedure for which accommodation is sought;
H. Reason
that the requested accommodation may be necessary for the individual(s)
with the disability to use and enjoy the dwelling; and
I. Additional
information necessary for Planning Division staff to facilitate proper
consideration of the request, consistent with fair housing laws.
(Ord. 19-1 § 3)
The Director shall make a written determination within 45 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Section
17.42.060, Required Findings.
(Ord. 19-1 § 3)
The Director must consider all of the following factors in order
to approve or deny a request for Reasonable Accommodation that will
be consistent with the Acts:
A. Whether
the housing, which is the subject of the request, will be used by
an individual defined as disabled under the Acts;
B. Whether
the request for Reasonable Accommodation is necessary to make specific
housing available to an individual with a disability under the Acts;
C. Whether
the requested Reasonable Accommodation would impose an undue financial
or administrative burden on the City; and
D. Whether
the requested Reasonable Accommodation would require a fundamental
alteration of a City program or law, including, but not limited to,
land use and zoning.
(Ord. 19-1 § 3)
In granting a request for Reasonable Accommodation, the Review
Authority may impose any conditions of approval deemed reasonable
and necessary to ensure that the Reasonable Accommodation would comply
with the findings required herein. The conditions shall also state
whether the accommodation granted shall terminate if the recipient
of the accommodation that was requested no longer resides on the property.
(Ord. 19-1 § 3)