It is the purpose of this article, pursuant to Fair Housing Laws, to provide individuals with disabilities reasonable accommodation in the application of the City’s rules, policies, practices and procedures, as necessary to allow disabled persons to use and enjoy a dwelling. The intent of this article is to provide a process for individuals with disabilities to make requests for, and to be provided, reasonable accommodation from the various City laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations, when reasonable accommodation is warranted based upon sufficient evidence.
(Ord. 297 § 5, 2010)
Whenever the following terms are used in this article, they shall have the meanings established by this section.
(a) 
“Applicant”
means a person, business, or organization making a written request to the City for reasonable accommodation in the strict application of land use or zoning provisions of the Development Code.
(b) 
“City”
means the City of Yucaipa.
(c) 
“Code”
means the Yucaipa Municipal Code.
(d) 
“Department”
means the Community Development Department.
(e) 
“Director”
means the Director of Community Development.
(f) 
“Disabled person” or “person with a disability”
means an individual who has a physical or mental impairment that limits one or more of that person’s major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment, but not including an individual’s current, illegal use of a controlled substance.
(g) 
“Fair Housing Laws”
mean the “Federal Fair Housing Act” (42 U.S.C. Section 3601, et seq.), and the “California Fair Employment and Housing Act” (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act’s implementing regulations.
(h) 
“Minor reasonable accommodation”
means any deviation requested and/or granted from the strict application of the City’s laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations of this Title, and which can be removed or terminated in ninety (90) days or less after the need for the reasonable accommodation ends.
(i) 
“Major reasonable accommodation”
means any deviation requested and/or granted from the strict application of the City’s laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations of this title, resulting in a physical modification to the property which cannot be restored or terminated within ninety (90) days or less after the reasonable accommodation is terminated.
(j) 
“Reasonable accommodation”
means and includes both minor and major reasonable accommodations.
(Ord. 297 § 5, 2010)
The Department shall prominently display in the public areas of the Planning and Building and Safety Divisions 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 article. 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. 297 § 5, 2010)
(a) 
In order to make specific housing available to an individual with a disability, a disabled person or representative may request a reasonable accommodation, pursuant to this article, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.
(b) 
If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the process by a person designated by the applicant as his or her representative.
(c) 
A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the Department, shall be signed by the owner of the property, and shall include the following:
(1) 
Documentation that the applicant is: (A) an individual with a disability, (B) applying on behalf of one or more individuals with a disability, or (C) a developer or provider of housing for one or more individuals with a disability;
(2) 
The specific exception or modification to the Development Code provision, policy, or practice requested by the applicant;
(3) 
Documentation that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;
(4) 
If applicable, verification that the property is the primary residence of the person for whom reasonable accommodation is requested or will serve as the primary residence of persons with disabilities;
(5) 
A filing fee in an amount as determined from time to time by resolution of the City Council, but not to exceed the reasonable estimated costs to the City in processing the application.
(Ord. 297 § 5, 2010)
(a) 
The Director shall have the authority to consider and act on any application for a minor reasonable accommodation. The Director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions that comply with all Fair Housing Laws, (3) deny the request, or (4) may refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers an appeal. Notice of the Director’s hearing on the application shall be made in writing ten (10) days prior to the Director’s action on the application and shall be mailed first class and postage pre-paid to the applicant and adjacent property owner(s).
(b) 
The Planning Commission shall have the authority to consider and act on any application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the Director. The Planning Commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation, after the submission of any additional information required pursuant to this section or after referral from the Director, and shall issue a written determination within thirty (30) days after such public meeting. The Planning Commission may: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions that comply with all Fair Housing Laws, or (3) deny the request. Notice of the Planning Commission meeting to review and act on the application shall be made in writing, ten (10) days prior to the meeting and shall be mailed first class and postage pre-paid to the applicant and adjacent property owners within three hundred (300) feet of the project boundary.
(c) 
All written determinations shall give notice of the right to appeal in accordance with Article 6 of Chapter 1 of Division 3 of the Development Code, and the right to request reasonable accommodation on the appeals process, if necessary. The written determination and notice of right to appeal shall be sent to the applicant by first class mail.
(d) 
If necessary to reach a determination on any request for reasonable accommodation, the Director may request further information from the applicant consistent with this article, specifying in detail what information is required. In the event a request for further information is made, the thirty (30) day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
(e) 
If, based upon all of the evidence presented to the Director or the Planning Commission, the findings required in this article may reasonably be made, the Director, the Planning Commission or the City Council, as applicable, shall grant the requested reasonable accommodation.
(f) 
A reasonable accommodation that is granted pursuant to this article shall not require the approval of any variance as to the reasonable accommodation.
(g) 
The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this article to further fair housing and with the purposes of Fair Housing Laws. Such conditions may generally include, but are not limited to the following restrictions:
(1) 
That the reasonable accommodation shall only be applicable to particular individual(s);
(2) 
That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or
(3) 
That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the City.
(Ord. 297 § 5, 2010)
(a) 
The following findings must be made in order to approve a request for reasonable accommodation:
(1) 
The requested accommodation is requested by or on behalf of one or more individuals with a disability protected by the Fair Housing Laws.
(2) 
The request for reasonable accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling in accordance with the Fair Housing Laws.
(3) 
The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.
(4) 
The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.
(5) 
The requested accommodation will not, under the specific facts of the case, result in a direct and significant threat to the health or safety of other individuals or substantial physical damage to the property of others.
(b) 
The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
(1) 
Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
(2) 
Whether the housing which is the subject of the request for reasonable accommodation will be occupied as the primary residence of one or more individual(s) protected by Fair Housing Laws;
(3) 
Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
(4) 
In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;
(5) 
In the case of a residential care facility, whether the existing supply of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
(c) 
The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program:
(1) 
Whether the requested accommodation would fundamentally alter the character of the neighborhood;
(2) 
Whether the accommodation would result in a substantial increase in traffic or insufficient parking;
(3) 
Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan;
(4) 
In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(Ord. 297 § 5, 2010)
Notwithstanding any provisions in this article regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this article or may request a continuance regarding any decision or consideration by the City of the 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 article.
(Ord. 297 § 5, 2010)