§ 9-52.110. Requests for Reasonable Accommodation Under the Federal Fair Housing Act and the California Fair Employment and Housing Act (Acts).

A.

Purpose. This Section allows for reasonable accommodations, which authorize the Director to approve requests for persons with disabilities seeking equal access to housing under the Acts that result in no fiscal or environmental impacts to the City if implemented in compliance with the provisions, requirements, and standards of this Development Code.

B.

Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the citing, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

Application Requirements. An application for a request for reasonable accommodation shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review Authority. The Director may grant a reasonable accommodation, or may defer action and refer the application to the Commission.

E.

Findings and Decision. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1.

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

2.

Be in full compliance with this Development Code and the Municipal Code.

3.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

F.

Condition of Approval. In approving a reasonable accommodation, the Director may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E (Findings and Decision), above.

G.

Post Approval Procedures. The procedures relating to appeals, changes, expiration performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a reasonable accommodation application.

(§ 2 (part), Ord. 1139, eff. February 9, 2009)