It is the policy of the City of Emeryville to comply with the Federal Fair Housing Amendments Act and the California Fair Employment and Housing Act to provide reasonable accommodation by modifying the application of its zoning and subdivision regulations for persons with disabilities seeking fair access to housing. The City also recognizes the importance of sustaining and enhancing neighborhoods. In determining whether a requested modification of zoning or subdivision regulations is reasonable, the City will consider, among other relevant factors, the extent to which the requested modification might be in conflict with the legitimate purposes of its existing zoning or subdivision regulations. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to zoning and subdivision decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A notice shall be displayed at the counter of the Planning and Building Department advising applicants that they may request a reasonable accommodation of existing rules, policies, practices and procedures related to housing. A form for requesting an accommodation shall be available in the Planning and Building Department and from the Americans with Disabilities Act (ADA) Coordinator.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
In order to make specific housing available to an individual with a disability, any person may request a reasonable accommodation in the rules, policies, practices and procedures regulating the siting, funding, development or use of housing by completing the form for requesting an accommodation and filing it with the Department.
(b) 
If an individual needs assistance in making the request for reasonable accommodation, the Department/ADA Coordinator shall provide the assistance necessary to ensure that the process is accessible to the applicant.
(c) 
A request for reasonable accommodation in rules, policies, practices and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Accordingly, the request may be filed at the outset or during the zoning or subdivision approval process.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
When a request for reasonable accommodation is filed with the Department, it is referred to the ADA Coordinator and Planning and Building Director or his or her designee for review and consideration. The Director shall issue a written decision within forty-five (45) days of the date of the application and may grant the reasonable accommodation request, grant with modifications, or deny the request.
(b) 
If necessary to reach a decision on the request for reasonable accommodation, the Director may request further information from the applicant consistent with the Act, specifying in detail what information is required.
(c) 
Not more than forty-five (45) days after receiving a written request for reasonable accommodation, the Director shall issue a written decision on the request to the applicant and adjacent owners of the property which is the subject of the request for reasonable accommodation; provided, that in the event that the Director requests further information pursuant to subsection (b) of this section, the running of this period shall be tolled (stopped) until the applicant responds to the request.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
In approving a requested accommodation, the Director shall find:
(a) 
That the housing which is the subject of the request for reasonable accommodation will be used by an individual protected under the Act;
(b) 
That the request for accommodation is necessary to make specific housing available to an individual protected under the Act;
(c) 
That the requested accommodation would not impose an undue financial or administrative burden on the City;
(d) 
That the requested accommodation would not require a fundamental alteration in the nature of a program; and
(e) 
That there are no alternative reasonable accommodations which may provide an equivalent level of benefit to the applicant.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
The Director's written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Director's findings on the criteria set forth in Section 9-7.905. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth below. The Director's notice of decision shall be sent to the applicant by certified mail.
(b) 
If the Director fails to render a written decision on the request for reasonable accommodation within the time period allotted by Section 9-7.904, the request shall be deemed denied.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Any person may appeal the decision of the Director to the Planning Commission as provided in Article 14 of this chapter by filing the appeal of decision of fair housing accommodation request form to be provided by the Department with the written decision.
(b) 
An appellant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an appellant needs assistance in filing an appeal, the Department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.
(c) 
All appeals shall contain a statement of the grounds for the appeal.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
For purposes of this article, the following terms shall have the meaning ascribed to them:
(a) 
"Act"
means the Federal Fair Housing Amendments Act and the California Fair Employment and Housing Act.
(b) 
"Applicant"
means the individual making the request for reasonable accommodation pursuant to this article.
(c) 
"Disability"
means as defined by either the Federal Fair Housing Amendments Act (FHA), 42 U.S.C. Section 3601 et seq., or the California Fair Employment and Housing Act (FEHA), California Government Code Section 12900 et seq.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)