The purposes of this chapter are to establish a formal procedure
for individuals with disabilities seeking equal access to housing
to request reasonable accommodation in the application of the City's
land use and zoning standards, regulations, policies, and procedures
and to establish criteria for evaluating the requests.
(Ord. 2016-04-12-1602 § VI)
The Council of the City of Stockton finds as follows:
A. The
housing element of the City's General Plan identifies housing that
is accessible to people with disabilities as a special housing need.
B. The
housing element calls for a reasonable accommodation ordinance that
streamlines and formalizes City procedures related to accessibility
and adaptability accommodations for development.
C. Both
the Federal Fair Housing Amendments Act of 1988 and the California
Fair Employment and Housing Act (
Gov. Code Section 12900 et seq. ["the
Acts"]) impose an affirmative duty on local governments to make reasonable
accommodation (modifications or exceptions) in their rules, policies,
practices, or services related to land use regulation when such accommodation
may be necessary to afford an individual with a disability an equal
opportunity to housing.
D. The
City of Stockton has historically provided for reasonable accommodation
consistent with the Acts through the use of existing regulatory procedures
not specifically designed for people with disabilities.
E. Codification
of a formal procedure for individuals with disabilities seeking equal
access to housing to request reasonable accommodation in the application
of the City's land use and zoning standards, regulations, policies,
and procedures and establishment of relevant criteria to be used when
considering such requests will ensure prompt, fair, and efficient
handling of such requests in accordance with the Acts' reasonable
accommodation mandates.
(Ord. 2016-04-12-1602 § VI)
"Acts"
means the Federal Fair Housing Amendments Act of 1988 and
the California Fair Employment and Housing Act.
"Applicant"
means an individual who files an application for reasonable
accommodation under this chapter.
"Individual with a disability"
means any person who has a medical condition, physical disability,
or mental disability that substantially limits one or more of the
person's major life activities, as those terms are defined in the
Acts.
"Reasonable accommodation"
means a modification to or waiver of the standards, regulations,
policies, and procedures contained in this title for the siting, development,
and use of housing or housing-related facilities, which modification
or waiver would eliminate regulatory barriers and provide an individual
with a disability equal opportunity for the use and enjoyment of housing
of their choice, and that does not impose undue financial or administrative
burdens on the City or require a fundamental or substantial alteration
of the City's planning and zoning programs.
(Ord. 2016-04-12-1602 § VI)
A. The
Director shall review an application for reasonable accommodation
if the application is not filed with an application for another permit.
B. Other Reviewing Authority. An application for reasonable accommodation
submitted for concurrent review with another permit under this title
shall be reviewed by the authority reviewing the other permit.
(Ord. 2016-04-12-1602 § VI)
To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter to modify a land use or zoning standard, regulation, policy, or procedure under this title as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of his or her dwelling. A request for reasonable accommodation shall be made by filing an application under Section
16.214.060.
(Ord. 2016-04-12-1602 § VI)
A. Filing. An application for reasonable accommodation shall
be submitted on a form prescribed by the Director, or in the form
of a letter addressed to the Director, and shall contain the following
information:
1. The name, address, and telephone number of the applicant;
2. The name, address, and telephone number of the individual with a
disability for whom the reasonable accommodation is being requested;
3. The name, address, and telephone number of the owner of the property
for which the reasonable accommodation request is being made;
4. If the applicant is someone different than the property owner, a
letter of agency or authorization signed by the owner consenting to
the application being made;
5. The address and current use of the property for which the reasonable
accommodation request is being made;
6. The basis for the claim that the individual to be reasonably accommodated
is disabled under the Acts;
7. A description of the reasonable accommodation request and the land
use or zoning standard, regulation, policy, or procedure to be modified
or waived; and
8. A statement of the reason why the requested accommodation is necessary
for the individual with a disability to use and enjoy the dwelling.
B. Review with Other Land Use Applications. If the project for
which the application for reasonable accommodation is being made requires
approval of another permit under this title, then the applicant shall
file the application for reasonable accommodation together with the
application for the other permit, for concurrent review and action.
C. Application Information. Any information related to a disability
status and identified by an applicant as confidential shall be retained
in a manner so as to respect the privacy rights of the applicant and
shall not be made available for public inspection, to the extent allowed
by law.
D. Process Assistance. If an individual needs assistance in making
the request for reasonable accommodation, the City shall provide assistance
to ensure that the process is accessible.
E. Other. A request for reasonable accommodation may be filed
at any time that the accommodation may be necessary to ensure equal
access to housing. A reasonable accommodation does not affect an individual's
obligations to comply with other applicable regulations not at issue
in the requested accommodation.
(Ord. 2016-04-12-1602 § VI)
A. Director Review.
1. Written notice of the filing of an application for reasonable accommodation
shall be mailed by the Planning Director to the owners of real property
within a radius of 100 feet from the exterior boundaries of the subject
property utilizing the owner names and addresses shown on the latest
county equalized assessment roll. The notice shall be mailed no later
than the next business day following the date the application is accepted
as complete and shall describe the scope and nature of the requested
reasonable accommodation.
2. Within 30 days of acceptance of the application as complete, the Planning Director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with Section
16.214.080. The Planning Director shall mail written notice of the decision and of the right to appeal to the applicant. The written decision shall explain in detail the basis of the decision, including the Planning Director's findings on the criteria stated in Section
16.214.080. If necessary to reach a determination on the request for reasonable accommodation, the Planning Director may request additional information from the applicant consistent with the Acts, specifying in detail the information that is required. If a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.
3. The Planning Director shall mail written notice of the decision and
of the right to appeal to the same property owners who received notice
of the application under paragraph 1 of this subsection. The notice
shall be mailed no later than the next business day following the
date the written decision is issued.
B. Other Reviewing Authority. If the application for reasonable accommodation is submitted for concurrent review with another permit under this title, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on the other permit under this title. The decision to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with Section
16.214.080.
(Ord. 2016-04-12-1602 § VI)
A. Findings. The decision to grant, grant with modifications,
or deny an application for reasonable accommodation shall be based
on a finding of consistency with the Acts and shall take into consideration
all of the following criteria:
1. Whether the housing or housing-related facilities that are the subject
of the request will be used by an individual with a disability under
the Acts.
2. Whether the request for reasonable accommodation is necessary to
make specific housing available to an individual with a disability
under the Acts.
3. Whether the requested reasonable accommodation would impose an undue
financial or administrative burden on the City.
4. 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.
5. Whether the requested reasonable accommodation would be contrary
to the public health, safety, or welfare, or be injurious to the property
or improvements of adjacent properties.
6. Whether the requested reasonable accommodation adequately considers
the physical attributes of the property and structures.
7. Whether alternative reasonable accommodations could provide an equivalent
level of benefit.
B. Conditions of Approval. In granting a request for reasonable
accommodation, the reviewing authority may impose any conditions of
approval deemed reasonable and necessary to ensure that the reasonable
accommodation will comply with the findings required by this section.
Conditions may be imposed to ensure that any removable structures
or physical design features that are constructed or installed in association
with the reasonable accommodation be removed once those structures
or physical design features are unnecessary to afford the individual
with a disability for whom the reasonable accommodation was granted
the use and enjoyment of the dwelling.
(Ord. 2016-04-12-1602 § VI)
A. Decision of Director.
1. Any person who is dissatisfied with a decision made by the Director on an application for reasonable accommodation may appeal the Director's decision. The appeal shall be heard and decided as provided in Chapter
16.100 (Appeals).
2. The decision of the Commission on the appeal shall be made in accordance with Section
16.214.080 and shall be final.
B. Decision by Other Reviewing Authority. A decision on an application
for reasonable accommodation submitted for concurrent review with
another permit under this title shall be subject to the same appeal
rights as apply to the other permit.
C. Reasonable Accommodation in Appeal Procedures. An applicant
may request reasonable accommodation for the appeal procedure.
(Ord. 2016-04-12-1602 § VI)