It is the policy of the city, pursuant to Title III of the Americans
with Disabilities Act (42 U.S.C. Section 12131, et seq.) (the "ADA"),
the Federal Fair Housing Act (42 U.S.C. Section 3604(f)(3)(B)) ("FHA"),
and the California Fair Employment and Housing Act (Cal. Gov. Code
Sections 12927(c)(1), 12955(τ) ("FEHA") (collectively, the "Acts"),
to provide persons with disabilities reasonable accommodation in the
city's zoning laws and land use rules, policies and procedures. The
purpose of this division is to provide a process for individuals with
disabilities to make requests for reasonable accommodation in regard
to the various land use, zoning, or building laws, rules, policies,
practices and/or procedures of the city, when such accommodations
are necessary to afford disabled persons an equal opportunity to use
and enjoy a dwelling.
(Ord. No. 2017-03R, § 4, 3-22-17)
This division shall apply to any person who is qualified as
a "disabled person" under the ADA, or who is otherwise qualified to
receive reasonable accommodation under any of the Acts.
(Ord. No. 2017-03R, § 4, 3-22-17)
Editor's note—Section 33-1273 was repealed by Ord.
No. 2017-03R, § 4, enacted March 22, 2017.
The director, or designee, shall have the authority to grant,
conditionally grant or deny a reasonable accommodation application
consistent with the intent and purpose of this division, and shall
provide the applicant with a written decision in a timely manner.
The director shall give notice of the intended decision using the
procedures outlined in section 33-1300 of this article.
(Ord. No. 2017-03R, § 4, 3-22-17)
In order to make available housing more obtainable to an individual
with a disability, a disabled person may request reasonable accommodation
for a specific residential living unit, relating to the various land
use, zoning, or building laws, rules, policies, practices and/or procedures
of the city. A disabled person may file a request for reasonable accommodation
on an application provided by the planning department. There shall
be no fee imposed in connection with a request for reasonable accommodation
under the provisions of this division. However, if the project for
which the request is being made also requires some other planning
permit or approval, the applicant shall file the requests together
and submit the required fees associated with the related permits.
(Ord. No. 2017-03R, § 4, 3-22-17)
In determining the reasonableness of a requested accommodation,
the director shall consider the following factors:
(a)
Whether the housing which is the subject of the request for reasonable
accommodation will be used by an individual protected under the Acts;
(b)
Whether fulfillment of the request is necessary to make specific
housing available to an individual protected under the Acts;
(c)
Whether the accommodation will impose an unreasonable financial or
administrative burden on the city;
(d)
Whether the accommodation will require a fundamental alteration of
the zoning or building laws, policies and/or procedures of the city;
(e)
Whether the accommodation will have any potential impact on surrounding
uses;
(f)
Physical attributes of the property and structures; and
(g)
Any other factor deemed relevant to the determination according to
the Acts, as amended.
(Ord. No. 2017-03R, § 4, 3-22-17)
