17.52.050 Reasonable accommodation.
A. Purpose. It is the policy of the city of Wasco, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereinafter Acts), to provide individuals with disabilities reasonable accommodation to rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply fully with the intent and purpose of fair housing laws. This section is intended to apply to those persons who are defined as disabled under the Acts.
B. Findings. The city council finds and determines that:
1. The federal Fair Housing Amendment Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.
2. The Wasco housing element identifies and sets forth a plan for removing governmental constraints to housing for individuals with disabilities by providing reasonable accommodation.
3. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures furthers compliance with federal and state fair housing laws and provides greater opportunities for the development of critically needed housing for individuals with disabilities.
4. This section is consistent with the Wasco housing element and its objectives, goals, policies and implementation programs
C. Applicability.
1. A request for reasonable accommodation may be made by any person with a disability, the person’s representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier to fair housing opportunities.
2. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for 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 housing of his or her choice.
D. Application Requirements. Request for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the planning division and shall contain the following information:
1. Information to Support Request.
a. The applicant’s name, address and telephone number.
b. Address of the property for which the request is being made.
c. The current use of the property.
d. The basis for the claim that the individual is considered disabled under the Acts.
e. The code provision, regulation or policy from which reasonable accommodation is being requested.
f. What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.
2. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.
E. Review Authority.
1. Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.
2. Other Review Authority. If a request is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.
F. Review Procedures and Findings.
1. Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.
2. Other Review Authority. The determination on whether to grant, grant with modifications or deny a request for reasonable accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision. The determination shall then be provided in writing to the applicant.
3. Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:
a. Whether the housing, which is the subject of the request, will be used by a disabled individual.
b. Whether the accommodation requested is necessary to make specific housing available to a disabled individual.
c. Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.
d. Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning, in which instance it would not be deemed to be reasonable.
e. Potential impact on surrounding uses.
f. Physical attributes of the property and structures.
g. Alternative accommodations which may provide an equivalent level of benefit.
4. Conditions of Approval. In granting a request for reasonable accommodation the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.
G. Appeal of Determination. A determination by the review authority to grant, grant with modifications or deny a request for reasonable accommodation may be appealed, pursuant to Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).