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Housing Constraints Draft Housing Element 3-31 Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. A request for reasonable accommodation may be made by any person with a disability, his/her 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 person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Article is intended to apply to those persons who are defined as disabled under the Acts. Requests for reasonable land use accommodation shall be submitted on an application form provided by the ADA Coordinator and shall include the following information: (1) The applicant's name, address and telephone number. (2) Address of the property for which the request is being made. (3) The current actual use of the property. (4) The basis for the claim that the individual is considered disabled under the Acts. (5) The zoning code provision, regulation or policy from which reasonable accommodation is being requested. (6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual. Review with Other Land Use Applications. 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 by Subsection (a) together for concurrent review with the application for discretionary approval. Requests for reasonable accommodation shall be reviewed by the ADA Coordinator who may at the Coordinator’s discretion, forward to the relevant department head for his/her review and determination. The ADA Coordinator or his/her designee, shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with §2.5.325 (Findings and Decision). Findings and Decision for Land Use The written decision to grant or deny a request for reasonable accommodation for a land use will be consistent with the Acts and shall be based on consideration of the following factors: (1) Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts. (2) Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. (3) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City. (4) Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.