The purpose of reasonable accommodations is to provide provisions
in accordance with federal and state fair housing laws (42 USCS Section
3600 et seq. and
Government Code Section 12900 et seq.), together
referred to as "Fair Housing Laws" for persons with disabilities seeking
fair access to housing in the application of the City's zoning laws.
The term "disability" as used in this article shall have the same
meaning as the terms "disability" and "handicapped" as defined in
the Fair Housing Laws, as may be amended from time to time. The purpose
of this article is to establish the procedure by which a person may
request reasonable accommodation, how the request is to be processed,
and findings to be made that ensure a requested accommodation, if
granted, is necessary and reasonable.
(Ord. 2019-15)
A. The
written decision to grant or deny a request for reasonable accommodation
will be consistent with the Fair Housing Laws and shall be based on
consideration of the following factors:
1. The
housing, which is the subject of the request for reasonable accommodation,
will be occupied by an individual, or individuals, with a disability
protected under Fair Housing Laws;
2. The
requested accommodation is necessary to make specific housing available
and/or accessible to an individual with a disability protected under
the Fair Housing Laws;
3. The
requested accommodation would not impose an undue financial or administrative
burden on the City; and
4. The
requested accommodation would not require a fundamental alteration
in the nature of the City's land use and zoning and building regulations,
policies, practices, and procedures, and for housing in the coastal
zone, the City's local coastal program.
B. In granting a request for reasonable accommodation, the Development Services Director, or designee, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection
A, above.
C. In accordance with Section
2.28.090, all decisions of the Director of Development Services are to be posted at City Hall and shall become final unless a timely appeal is filed to the City Council pursuant to Chapter
1.12.
(Ord. 2019-15; Ord. 2022-07)
Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed in Chapters
1.12 and
2.28 of the Municipal Code provided that, notwithstanding any other provision to the contrary, the standard of review on appeal shall be de novo. The City Council, acting as the appellate body, may sustain, reverse or modify the decision of the Director or remand the matter for further consideration based on the findings required by Section
30.86.050A.
(Ord. 2019-15)
No application fee is required.
(Ord. 2019-15)