Article 39 — REASONABLE ACCOMMODATION

It is the policy of the city to provide reasonable accommodation for persons with disabilities seeking fair access to housing in the application of its zoning laws. The purpose of this article is to provide a process for making a request for reasonable accommodation. No portion of this article shall be construed to exempt structures approved under reasonable

accommodation provisions from building code requirements including obtaining necessary building permits and inspections, and paying all required fees for such permits and inspections.

(Ord. 994-C-S, passed 4-23-02)

(A) Generally. Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law which may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the Zoning Administrator. If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application of such permit or approval.

(B) Required information. The applicant shall provide the following information:

(1) 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 zoning code provision, regulation, or policy from which accommodation is being requested;

(5) The bases for the claim that the individual is considered disabled under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual.

(Ord. 994-C-S, passed 4-23-02)

Statutory reference:

Fair Housing Act, see 42 U.S.C. §§ 3601 et seq.

The Zoning Administrator shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Community Development Department, it will be referred to the Zoning Administrator for review and consideration. The Zoning Administrator shall issue a written determination within 30 days of the date of receipt of a completed application and may grant the accommodation request, grant the accommodation request subject to specified nondiscriminatory conditions, or deny the request. All written determinations shall give notice of the right to appeal. If necessary to reach a determination on the request for reasonable accommodation, the Zoning Administrator may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the 30 day period to issue a written determination shall be stayed until the applicant responds to the request. (Ord. 994-C-S, passed 4-23-02)

In making a determination regarding the reasonableness of a requested accommodation, the Zoning Administrator shall consider the following factors:

(A) The housing which is the subject of the request for reasonable accommodation will be used by an individual protected under the federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA);

(B) The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the FHA and FEHA;

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

(D) The requested accommodation will not require fundamental alteration of the zoning or building laws, policies, and/or procedures of the city. (Ord. 994-C-S, passed 4-23-02)

Statutory references:

Fair Housing Act, see 42 U.S.C. §§ 3601 et seq.

Fair Employment and Housing Act, see Cal. Gov’t Code §§ 12900 et seq.

Within 30 days of the date of the Zoning Administrator’s written determination, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination. Appeals shall be to the Planning Commission who shall hear the matter as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed.

(Ord. 994-C-S, passed 4-23-02)

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this article. An appeal of action taken by the Zoning Administrator shall be subject to an appeal fee as specified in the city’s Master Fee Schedule. (Ord. 994-C-S, passed 4-23-02)