A. 
This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) , and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(l) 12955 and (c)(1) , as any of these statutory provisions now exist or may be amended from time to time. This chapter shall be interpreted in a manner supplementary to and consistent with the Fair Housing Laws, and in all cases of conflict between this chapter and any Fair Housing law, the applicable Fair Housing Law provision shall prevail.
B. 
A request for reasonable accommodation permit may be made by any person with a disability, his or her representative, or a developer or provider of housing for the disabled, when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to the disabled to fair housing opportunities. 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 such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.
C. 
A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development 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. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter. A reasonable accommodation permit may be approved only for the benefit of one or more individuals with a disability.
D. 
It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing.
E. 
Where the improvements or modifications approved through a reasonable accommodation permit would generally require a variance, a variance shall not be required.
(Ord. 12-894 § 3, 2012)
A. 
Applications for a reasonable accommodation shall be reviewed by the Community Development 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 Community Development 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 Community Development 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 Community Development 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 Community Development Director determines based on evidence will have negligible impacts on surrounding properties.
D. 
Upon a referral from the Community Development 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; Ord. 24-16, 6/24/2024)
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 Community Development 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; Ord. 24-16, 6/24/2024)
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 Community Development 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 Community Development 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 Community Development Director finds that a covenant is necessary to provide notice to future owners that reasonable accommodation has been approved.
G. 
An accommodation is granted to an individual(s) and shall not run with the land unless the Community Development 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; Ord. 24-16, 6/24/2024)
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 Community Development 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; Ord. 24-16, 6/24/2024)