It is the policy of the City to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act[1], the Federal Fair Housing Act[2], Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act[3] (referred to in this chapter as the "Acts"). This chapter provides a procedure for making requests for reasonable accommodations in land use, zoning and building regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of the fair housing laws.
Nothing in this chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this chapter.
(Ord. 24-13, 10/1/2024)
[1]
Editor's Note: See Cal. Gov't Code §§ 12900 through 12996.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A. 
Eligible applicants.
1. 
A request for reasonable accommodation may be made by any person with a disability, his or her representative (e.g., family member, care provider, etc.), or a provider of housing for persons with disabilities in the City's land use and zoning regulations, policies, or practices when the application of such may act as a barrier to affording such person(s) equal opportunity to use and enjoy a dwelling.
2. 
A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment. While a person recovering from substance abuse is considered a person with a disability, a person who is currently engaging in the current illegal use of controlled substances is not.
3. 
This chapter is intended to apply to those persons who are defined as disabled or handicapped under the Acts.
B. 
Eligible requests.
1. 
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 a dwelling of his or her choice.
2. 
A request for a reasonable accommodation shall comply with Section 17.625.030 (Application Requirements).
3. 
The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. A request by an applicant for reasonable accommodation may be made orally or in writing. It is usually helpful for all parties if the request is made in writing as it will help avoid misunderstandings and keep an accurate record of the request. The City shall assist the applicant with furnishing all information maintained by the City as a public record, such as City ordinances, policies, rules, and regulations necessary for processing the reasonable accommodation request.
4. 
Notice of the availability of the reasonable accommodation shall be prominently displayed at all public information counters in the City's Community Development Department, and the City Clerk's office. Forms for requesting reasonable accommodations shall be available to the public in the Community Development Department or upon request.
5. 
Should the information provided by the applicant include medical information or records of the applicant, including records indicating medical condition, diagnosis or medical history of the applicant, the City, to the extent allowed by law, shall treat such information as confidential information of the City. The City shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceeding, of any request received by the City for disclosure of the medical information or documentation which the applicant has provided to the City. The City will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
(Ord. 24-13, 10/1/2024)
A. 
Application. The Community Development Department shall provide applicants for a reasonable accommodation with an application form eliciting the following information:
1. 
The applicant's name, address and telephone number;
2. 
Name, address, and telephone number of property owner and the current address for which the request is being made;
3. 
The current actual use of the property;
4. 
The basis for the claim that the applicant is considered disabled under the Acts or provides housing for persons considered disabled under the Acts. (For example, an individual applicant may submit a letter by the individual himself or herself containing information showing that he or she is under 65 years of age and receives Supplemental Security Income or Social Security Disability Insurance benefits, or from a doctor or other medical professional, a peer support group, a nonmedical service agency, or reliable third party who is in a position to know about the individual's disability. Only that information necessary to evaluate the reasonable accommodation shall be requested. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. All such information shall be retained in a manner so as to respect privacy rights of the applicant and shall not be made available for public inspection);
5. 
The Development Code provision, regulation or policy from which reasonable accommodation is being requested;
6. 
Explanation why the reasonable accommodation is necessary to make specific property available for the individual.
The Department shall assist the applicant in completing the form, as necessary, or, shall elicit oral information from the applicant necessary for the Department to complete the form itself. In the event the Department completes the form by eliciting oral information from the applicant, the Department shall read the completed form to the applicant to ensure its accuracy and shall provide a copy of the completed form to the applicant.
7. 
A reasonable accommodation shall not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
(Ord. 24-13, 10/1/2024)
A. 
Director's review. The Director shall make a written determination within 30 days following the submittal of a complete application and either approve, approve with modifications, or disapprove a request for a reasonable accommodation in compliance with Section 17.625.060 (Findings and Decision), below.
B. 
Findings and decision. The written determination to approve or disapprove the request for reasonable accommodation shall be made in compliance with Section 17.625.060 (Findings and Decision), below.
C. 
Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for a reasonable accommodation is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.
(Ord. 24-13, 10/1/2024)
A. 
Findings. The written decision to approve or disapprove a request for reasonable accommodation that will be consistent with the Acts and shall be based on consideration of all of the following factors:
1. 
Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Acts;
2. 
Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
3. 
Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City. The determination of undue financial and administrative burden will be done on a case-by-case basis involving various factors;
4. 
Whether the requested reasonable accommodation would fundamentally alter the nature of a City program or law, including but not limited to land use and zoning;
5. 
Should the City determine that the applicant's initial request would impose an undue financial or administrative burden on the City, or fundamentally alter a City program or law, it may propose an alternative accommodation that would provide an equivalent benefit. In the event the City makes a determination not to accommodate an applicant's initial request, this determination shall be documented.
B. 
Written decision. The written decision on the request for a reasonable accommodation shall include the reviewing authority's findings and any other relevant information upon which the decision is based. All written decisions shall give notice of the applicant's right of appeal and to request reasonable accommodation in the appeals process in compliance with Chapter 17.715 (Appeals), provided however, that the appeal period shall be extended to 30 days, rather than 15 days. The notice of decision shall be sent to the applicant by certified mail.
C. 
Appeal. The written decision of the reviewing authority shall be final unless appealed in compliance with Chapter 17.715 (Appeals).
(Ord. 24-13, 10/1/2024)
A. 
Rescission. A grant or grant with modifications made in compliance with this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.).
(Ord. 24-13, 10/1/2024)