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 (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 1670(19) § 11)
A. 
Eligibility Applicants.
1. 
A request for Reasonable Accommodation may be made by any person with a disability, their representative or any entity, when the application of zoning law (i.e., development standard) or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.
2. 
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 this type of impairment, or anyone who has a record of this type of impairment.
3. 
This Section is intended to apply to those persons who are defined as disabled under the Acts.
B. 
Eligible Request. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, 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.
(Ord. 1670(19) § 11)
The written decision by the review authority to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:
A. 
Whether the housing, which is 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;
D. 
Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning;
E. 
Whether there are alternatives to the requested waiver or exception that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants or to the general public;
F. 
Physical attributes of the property and structures; and
G. 
Other Reasonable Accommodations that may provide an equivalent level of benefit.
(Ord. 1670(19) § 11)
A. 
Rescission of Reasonable Accommodation.
1. 
An approval or conditional approval of an application made in compliance with this Chapter may be conditional to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.) unless allowed to remain in compliance with Subsection B.
2. 
If rescinded or subject to automatic expiration, the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject property in compliance with Subsection B.
B. 
Discontinuance of Reasonable Accommodation.
1. 
If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the review authority first determines that:
a. 
The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Code; or
b. 
The accommodation is to be used by another qualifying individual with a disability.
2. 
The review authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities.
3. 
Failure to provide the documentation within 30 days of the date of a request by the review authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.
4. 
Discontinuance shall require that the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject parcel or site.
(Ord. 1670(19) § 11)
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, and Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modifications and Revocations), shall apply following a decision on a Reasonable Accommodation request.
(Ord. 1670(19) § 11)