It is the policy of the City to provide individuals with disabilities reasonable accommodations or reasonable modifications in rules, policies, practices, and procedures to ensure the equal access to housing and to facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and Sections 12176-12181 of Title 2 of the California Code of Regulations (referred to in this Chapter as the "Acts"). This Chapter provides a procedure for making requests for reasonable accommodations in the City's land use and zoning regulations, policies, practices, and procedures to comply fully with the intent and purpose of the fair housing laws.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2792CCS, 10/8/2024)
A. 
Eligible Applicants.
1. 
A request for a reasonable accommodation or reasonable modification 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.
2. 
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 a reasonable accommodation or reasonable modification may seek 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 use and enjoy a dwelling.
2. 
A request for a reasonable accommodation or reasonable modification shall comply with Section 9.49.030.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2792CCS, 10/8/2024)
A. 
Application. A request for a reasonable accommodation or reasonable modification shall be submitted orally or in writing to the City. The City shall provide an optional form that may be used for this purpose which shall include space for the requester to provide the following information:
1. 
The applicant's name, address, and telephone number.
2. 
Name, address, and telephone number of the property owner and the current address for which the request is being made.
3. 
The current actual use of the property.
4. 
A description of the nature of the disability.
5. 
The Zoning Code provision, regulation, or policy from which the reasonable accommodation is being requested, or the physical structure which the requested reasonable modification would alter.
6. 
The specific accommodation or modification being requested, and the connection between the disability and requested accommodation or modification.
B. 
Concurrent Processing. If a request for a reasonable accommodation or reasonable modification is being submitted in conjunction with an application for another approval, permit, or entitlement under this Chapter, it shall be acted upon prior to the associated application.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2792CCS, 10/8/2024)
A request for a reasonable accommodation or reasonable modification shall be reviewed and a determination shall be made by the Director in accordance with the procedures set forth in Section 9.49.050, Review Procedures, and subject to the findings set forth in Section 9.49.060, Findings and Decision.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2792CCS, 10/8/2024)
A. 
Upon receipt of a request for a reasonable accommodation or reasonable modification, the Director shall promptly review the request and shall either:
1. 
Issue a written decision to approve the request in accordance with Section 9.49.060(A) based on the findings set forth in Section 9.49.060(B); or
2. 
Initiate the interactive process as defined by Section 9.52.020.1145, in writing, in accordance with the processes set forth in subsections B and C, below.
The Director shall make a determination to either approve a request or initiate the interactive process within a reasonable amount of time, not to exceed 45 days, following the submittal of a request, unless the request is more time-sensitive, in which case the Director shall review the request as soon as possible.
B. 
The Director shall promptly initiate the interactive process if the Director determines that the request lacks information necessary for the Director to determine either of the following:
1. 
Whether the person on whose behalf the request is made is disabled, or
2. 
The connection between the disability and requested accommodation or modification.
The Director shall promptly contact the requestor to obtain further information necessary to process the request. The Director shall promptly review any further information provided by the person making the request. If, upon review of the further information from the person making the request, the Director determines that all of the criteria set forth in subsection B are established, the Director shall grant the request.
C. 
The Director shall promptly initiate the interactive process if the Director determines any of the following:
1. 
The requested accommodation or modification would pose an undue financial or administrative burden on the City;
2. 
The requested accommodation or modification would constitute a fundamental alteration of the City's land use and zoning or building program; or
3. 
The requested accommodation or modification would pose a direct threat to the health or safety of another or cause substantial physical damage to the property of another.
The Director shall promptly contact the person making the request and enter into the interactive process. If, after entering into the interactive process, the Director determines that that another accommodation or modification would be equally effective, and all of the criteria set forth in subsection B of this Section are established, the Director shall grant the request with the alternative accommodation or modification.
D. 
The Director may deny a request for a reasonable accommodation or reasonable modification if:
1. 
The Director first initiates and engages in the interactive process; and
2. 
Determines that one or more of the findings set forth in Section 9.49.060(C) are established.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2792CCS, 10/8/2024)
A. 
Written Decision. The Director shall issue a written decision approving or denying the request for a reasonable accommodation or modification, which shall include the Director's findings pursuant to subsections B and C, below, and any other relevant information upon which the decision is based.
B. 
Findings for Approval of a Request for a Reasonable Accommodation or Modification. The Director shall grant the reasonable accommodation or reasonable modification request if the Director finds all of the following are established:
1. 
The housing or other property which is the subject of the request for reasonable accommodation or reasonable modification will be used by an individual with a disability;
2. 
The accommodation or modification is necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling;
3. 
The accommodation or modification would not impose an undue financial and administrative burden on the City;
4. 
The accommodation or modification would not require a fundamental alteration in the nature of the City's land use and zoning or building program; and
5. 
The accommodation or modification would not pose a direct threat to the health or safety of another or cause substantial physical damage to the property of another.
C. 
Findings for Denial of a Request for a Reasonable Accommodation or Modification. The Director may deny a reasonable accommodation or reasonable modification request if the Director finds any of the following:
1. 
The person on whose behalf the request is made is not disabled;
2. 
The accommodation or modification is not necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling;
3. 
The accommodation or modification would impose an undue financial or administrative burden on the City and the Director and person making the request were not able to identify another accommodation that would be equally effective at providing the disabled person equal opportunity to use and enjoy a dwelling;
4. 
The accommodation or modification would require a fundamental alteration in the nature of the City's land use and zoning or building program, and the Director and person making the request were not able to identify another accommodation that would be equally effective at providing the disabled person equal opportunity to use and enjoy a dwelling;
5. 
The accommodation or modification would pose a direct threat to the health or safety of another or cause substantial physical damage to the property of another, and the Director and person making the request were not able to identify another accommodation that would be equally effective at providing the disabled person equal opportunity to use and enjoy a dwelling; or
6. 
The person making the request failed to engage in good faith in the interactive process initiated by the Director pursuant to Section 9.49.050B or C.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2792CCS, 10/8/2024)
A. 
If the person(s) for whom the accommodation or modification is granted no longer resides on the parcel or is no longer in need of the accommodation or modification, any physical modification made pursuant to the approved request shall be removed within 60 days unless the Director first determines that:
1. 
The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Ordinance; or
2. 
The modification is necessary to afford another individual with a disability equal opportunity to use the dwelling.
B. 
The Director may request the applicant or the successor(s)-in-interest to the property to verify that the modification is necessary to afford a subsequent occupant equal opportunity to use and enjoy a dwelling. Failure to provide the documentation within 30 days following the date of a request by the Director shall constitute grounds for discontinuance by the City of a previously-approved reasonable accommodation or modification. Any person may request the same or any other reasonable accommodation or reasonable modification at any time.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2792CCS, 10/8/2024)