This section sets forth the procedures to request reasonable
accommodation for persons with disabilities seeking equal access to
housing under the Federal Housing Act and the California Fair Employment
and Housing Act (the Acts) in the application of zoning laws and other
land use regulations, policies and procedures.
It is the intent of this section 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.
(Ord. 449 § 8, 2019)
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 would comply with the findings required by Section
17.63.050 of this chapter.
(Ord. 449 § 8, 2019)
The process set forth in Section
17.04.220 shall apply, as supplemented by the following:
1. The
planning commission or the city council, as applicable, shall hear
the matter and render a determination as soon as reasonably practicable,
but in no event later than 90 calendar days after an appeal has been
filed. All determinations shall address and be based upon the same
findings required to be made in the original determination from which
the appeal is taken.
2. The city shall provide notice of an appeal hearing to the applicant, adjacent property owners and any other person requesting notification at least 10 calendar days prior to the hearing. The appeal authority shall announce its findings within 30 calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council's action shall be final unless the application for reasonable accommodation is submitted with a CDP application then the process set forth in LIP Section
13.20 shall apply.
3. If
an individual needs assistance in filing an appeal on an adverse decision,
the city shall provide assistance to ensure that the appeals process
is accessible.
4. Nothing
in this procedure shall preclude an aggrieved individual from seeking
other state or federal remedy available.
(Ord. 449 § 8, 2019)
Notwithstanding any provisions in this section regarding the
occurrence of any action within a specified period of time, the applicant
may request additional time beyond that provided for in this section
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 section.
(Ord. 449 § 8, 2019)
Unless the review authority determines a reasonable accommodation
runs with the land, a reasonable accommodation shall lapse if the
rights granted by it are discontinued for 180 consecutive days. If
the person initially occupying a residence or business vacates, the
reasonable accommodation shall remain in effect only if the director
determines that:
1. The
modification is physically integrated into a structure and cannot
easily be removed or altered to comply with Title 17 of the Municipal
Code;
2. Its
removal would constitute an unreasonable financial burden; and
3. The
accommodation is necessary to give another disabled individual an
equal opportunity to enjoy the dwelling or business.
a. The director may request the applicant or his or her successor-in-interest
to the property to provide documentation that subsequent occupants
are persons with disabilities. Failure to provide such documentation
within 10 days of the date of a request by the director shall constitute
grounds for discontinuance by the city of a previously approved reasonable
accommodation.
(Ord. 449 § 8, 2019)