A. Applications for a reasonable accommodation shall be reviewed by the Planning and Development Services Director or designee, if no approval is sought other than the request for reasonable accommodation permit, and a Zone Clearance if required, as set forth in Section
19.69.030(B). The Planning and Development Services Director may, in his or her discretion, refer applications that may have a material effect on surrounding properties (e.g., location of improvements in the front yard, would violate a specific condition of approval, improvements are permanent) to the Planning Commission at the next meeting at which the matter may be heard.
B. Applications for a permit submitted for concurrent review with another discretionary land use or development permit application as set forth in Section
19.69.030(B) shall be reviewed by the authority reviewing the discretionary land use application. The processing procedures of the discretionary land use permit shall govern the joint processing of both the reasonable accommodation permit and the discretionary permit, provided that the reviewing authority shall review the application at the next reasonably available opportunity following completion of all standard processing requirements for discretionary land use permits required by this code, including without limitation environmental review.
C. The
Planning and Development Services Director, or designee, shall consider
an application, and issue a written determination within 40 calendar
days of the date of receipt of a completed application. At least 10
calendar days before issuing a written determination on the application,
the Planning and Development Services Director shall mail notice to
the applicant and the adjacent property owners that the city will
be considering the application, advising of the legal standards for
issuing an accommodation, and inviting written comments on the requested
accommodation permit. Notice to adjacent property owners may be waived
for applications that the Planning and Development Services Director
determines based on evidence will have negligible impacts on surrounding
properties.
D. Upon
a referral from the Planning and Development Services Director, the
Planning Commission shall consider an application at the next reasonably
available public meeting after submission of a completed application
for a reasonable accommodation permit. The Planning Commission shall
issue a written determination within 40 calendar days after such public
meeting. Notice of a Planning Commission meeting to review and act
on the application shall be made in writing, 10 calendar days prior
to the meeting and mailed to the applicant and the adjacent property
owners.
E. If
necessary to reach a determination on any request for a reasonable
accommodation permit, the reviewing authority may request further
information from the applicant consistent with this section, specifying
in detail what information is required. In the event a request for
further information is made, the applicable time period to issue a
written determination shall be stayed until the applicant reasonably
responds to the request.
(Ord. 12-894 § 3, 2012; Ord. 19-1058 § 229, 2019)
A. Notwithstanding the provisions of Section
19.40.030, a request for a reasonable accommodation permit shall be made on a form supplied by the Planning and Development Services Department including the following information:
1. The
applicant's or representative's name, mailing address and daytime
phone number;
2. The
address of the property for which the request is being made;
3. The
specific code section, regulation, procedure or policy of the city
from which relief is sought;
4. A
site plan or illustrative drawing showing the proposed accommodation;
5. An
explanation of why the specified code section, regulation, procedure
or policy is preventing, or will prevent, the disabled individual's(s')
use and enjoyment of the subject property;
6. The
basis for the claim that the Fair Housing Laws apply to the individual(s)
and evidence satisfactory to the city supporting the claim, which
may include a letter from a medical doctor or other licensed health
care professional, a disabled license, or any other appropriate evidence;
7. A
detailed explanation of why the accommodation is reasonable and necessary
to afford the applicant an equal opportunity to use and enjoy a dwelling
in the city;
8. Verification
by the applicant that the property is or will be the primary residence
of the person(s) for whom reasonable accommodation is requested; and
9. Any other information required to make the findings required by Section
19.69.040, consistent with the Fair Housing Laws.
B. A request for a reasonable accommodation permit may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires a discretionary land use or development permit approval (for example a conditional use permit or development permit), then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. If the request for a reasonable accommodation requires a Zone Clearance under Chapter
19.42, then the applicant shall file the application submittal information together with the application for the Zone Clearance; however, the reasonable accommodation permit shall be approved in accordance with the procedures in this chapter before the Zone Clearance may issue.
C. A reasonable
accommodation permit does not affect or negate an individual's obligations
to comply with other applicable regulations not at issue in the requested
accommodation.
D. 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. No
fee shall be required for a request for reasonable accommodation,
but if the project requires another permit, then the prescribed fee
shall be paid for all other permits.
F. It is the responsibility of the applicant to establish evidence in support of the findings required by Section
19.69.040.
(Ord. 12-894 § 3, 2012; Ord. 19-1058 § 230, 2019)
The reasonable accommodation shall be approved, with or without
conditions, if the review authority first finds, based upon all of
the evidence presented, all of the following:
A. The
housing, which is the subject of the request for reasonable accommodation,
will be occupied by an individual with disabilities protected under
Fair Housing Laws;
B. The
requested accommodation is reasonable and necessary to make housing
available to an individual with disabilities protected under the Fair
Housing Laws;
C. The
requested accommodation will not impose an undue financial or administrative
burden on the City, as defined in the Fair Housing Laws and interpretive
case law; and
D. The
requested accommodation will not require a fundamental alteration
in the nature of the City's zoning or building laws, policies and/or
procedures, as defined in the Fair Housing Laws and interpretive case
law.
(Ord. 12-894 § 3, 2012)
A. The
reviewing authority's written decision shall set forth the findings,
any conditions of approval, notice of the right to appeal, and the
right to request reasonable accommodation on the appeals process,
if necessary. The decision shall be mailed to the applicant, and when
the approving authority is the Planning and Development Services Director
to any person having provided written comment on the application.
B. The
reasonable accommodation shall be subject to any reasonable conditions
imposed on the approval that are consistent with the purposes of this
chapter.
C. In making the approval findings in Section
19.69.040, the reviewing authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant but may reduce impacts to neighboring properties or the surrounding area.
D. The written decision of the reviewing authority shall be final unless appealed in the manner set forth in Section
19.76.050.
E. While
a request for reasonable accommodation permit is pending, all laws
and regulations otherwise applicable to the property that is the subject
of the request shall remain in full force and effect.
F. Prior
to the issuance of any permits relative to an approved reasonable
accommodation permit, the Planning and Development Services Director
may require the applicant, or property owner if different, to record
a covenant in the County Recorder's Office, in a form approved by
the City Attorney, acknowledging and agreeing to comply with the terms
and conditions established in the determination. The covenant shall
be required only if the Planning and Development Services Director
finds that a covenant is necessary to provide notice to future owners
that a reasonable accommodation has been approved.
G. An accommodation is granted to an individual(s) and shall not run with the land unless the Planning and Development Services Director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Upon revocation of the accommodation in accordance with Section
19.80.060(F), the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible.
(Ord. 12-894 § 3, 2012; Ord. 19-1058 § 231, 2019)
Notwithstanding any provisions in this chapter regarding the
occurrence of any action within a specified period of time, the applicant
may request additional time beyond that provided for in this chapter
or may request a continuance regarding any decision or consideration
by the city of a pending appeal. Extensions of time sought by applicants
shall not be considered delay on the part of the city, shall not constitute
failure by the city to provide for prompt decisions on applications
and shall not be a violation of any required time period set forth
in this chapter.
(Ord. 12-894 § 3, 2012)
The city shall prominently display in the public areas of the
Planning and Development Services Department at City Hall a notice
advising those with disabilities or their representatives that they
may request a reasonable accommodation in accordance with the procedures
established in this chapter. City employees shall direct individuals
to the display whenever they are requested to do so or reasonably
believe that individuals with disabilities or their representatives
may be entitled to a reasonable accommodation.
(Ord. 12-894 § 3, 2012; Ord. 19-1058 § 232, 2019)