Chapter 23.38 — REASONABLE ACCOMMODATION

This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

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

(B) 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 this type of impairment, or anyone who has a record of this type of impairment, but not including an individual's current, illegal use of a controlled substance.

(C) A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, 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.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Department shall prominently display in the public areas of the Community Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this chapter. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Director shall act as the Review Authority for reasonable accommodation applications based on consideration of the requirements of this chapter.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

An application for a reasonable accommodation shall be prepared, filed, and processed in compliance with § 23.31.020. In addition to any other information required under the Alhambra Municipal Code, an applicant submitting a request for reasonable accommodation must provide the following information:

(A) A description of how the property will be used by the disabled individual(s);

(B) The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the Director supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped vehicle license plate, or other appropriate evidence which establishes that the individual(s) needing the reasonable accommodation is disabled/handicapped pursuant to the Fair Housing Laws; (C) The specific reason the requested accommodation is necessary to make particular housing available to the disabled individual(s); and

(D) Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested. If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as their representative.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with § 23.38.070. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The following findings must be made by the Director in order to approve a request for reasonable accommodation. The inability to make one or more of the findings is grounds for denial of an application.

(A) The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Fair Housing Laws.

(B) The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

(C) The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

(D) The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the city.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation was requested no longer resides on the property.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Appeals. Reasonable accommodation decisions may be appealed as provided for in § 23.31.120.

(B) Expiration, extensions, and revisions. Reasonable accommodations may only be expired, extended or revised as provided for in Chapter 23.31. A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-24)