75B - PH - AMEND CHAPTER 41 ZONING RE: ADA

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(b) Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this division to modify a land use or zoning standard, regulation, policy, and procedure of the City as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under this section. (c) Application. An application for reasonable accommodation shall be submitted on a form prescribed by the Executive Director of the Planning and Building Agency, or in the form of a letter addressed to the Executive Director. (d) Privacy. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. (e) Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. (f) Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. (g) Filing Fees. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Division. Section 5. Section 41-653 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-653. Reasonable Accommodation - Review. (a) Executive Director Review. An application for reasonable accommodation shall be reviewed by the Executive Director of the Planning and Building Agency, or his or her designee, as appropriate. (b) Decision. Within sixty (60) days of acceptance of the application as complete, the Executive Director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with Section 41-654 and shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the Executive Director's findings on the factors stated in Section 41-654. If necessary to reach a determination on the request for reasonable accommodation, the Executive Director may request additional information from the applicant consistent with The Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, specifying in detail the information that is required. If a request for Ordinance No. NS-XXX 75B-7 Page 3 of 7