Chula Vista Municipal Code Ch. 1.50 Reasonable Accommodations for Equal Access to Housing

REASONABLE ACCOMMODATIONS FOR EQUAL ACCESS TO HOUSING

Sections:

• 1.50.010 Purpose.

• 1.50.020 Definitions.

• 1.50.030 Applicability.

• 1.50.040 Notice to the public of availability of accommodation process.

• 1.50.050 Application requirements.

• 1.50.060 Review authority.

• 1.50.070 Review procedure.

• 1.50.080 Findings and decision.

• 1.50.090 Appeal of determination.

• 1.50.100 Removal of improvement.

• 1.50.110 Savings clause.

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning, land use, or building laws, rules, policies and procedures of the City. (Ord. 3233 § 1(A), 2012).

• A. “Acts” means the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.

• B. “Applicant” means an individual making a request for reasonable accommodation pursuant to this chapter.

• C. “Code” or “CVMC” means the Chula Vista Municipal Code.

• D. “Department” means the Development Services Department of the City of Chula Vista.

E. “Disabled person” means any person who has a physical or mental impairment that substantially limits one or more major life activities, anyone who is regarded as having such impairment, or has a record of such impairment. People who are currently using illegal substances are not covered under the Acts or this chapter unless they have a separate disability. (Ord. 3233 § 1(A), 2012).

A. Persons with Disabilities. A request for reasonable accommodation may be made by any person with a disability or their representative when the application of zoning, land use, or building laws, rules, policies and procedures of the City acts as a barrier to fair housing opportunities. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B. Modification to Eliminate Barriers. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the 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 their choice. Requests for reasonable accommodation shall be made in the manner prescribed by CVMC 1.50.050 (Application requirements). (Ord. 3233 § 1(A), 2012).

The Development Services Department shall prominently display in public areas of the Development Services Department 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. (Ord. 3233 § 1(A), 2012).

A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Development Services Department and shall contain the following information:

1. The applicant’s and property owner’s name, address and telephone number;

2. Address of the property for which the request is being made;

3. The current use of the property;

4. The zoning code provision, regulation or policy from which accommodation is being requested; and

5. The basis for the claim that the individual is considered disabled under the Acts and why the accommodation is necessary to make the specific housing available to the individual.

B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval (including but not limited to: conditional use permit, design review, etc.), then the applicant shall file the information required by subsection (A) of this section together for concurrent review with the application for discretionary approval. (Ord. 3233 § 1(A), 2012).

A. Zoning Administrator/Building Official. The Zoning Administrator shall have the authority to consider and act on requests for reasonable accommodation if no approval is sought other than the request for reasonable accommodation. The Zoning Administrator shall designate the Building Official to act on his/her behalf for requests that involve reasonable accommodations to the Building Code.

B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary application shall be reviewed by the authority reviewing the discretionary application. (Ord. 3233 § 1(A), 2012).

When a request for reasonable accommodation is filed with the Department, it will be referred to the Zoning Administrator or Building Official for review and consideration, or, if filed concurrently with a discretionary land use application, the authority responsible for reviewing the discretionary land use application.

A. Zoning Administrator or Building Official Review. The Zoning Administrator or Building Official shall issue a written determination, in accordance with CVMC 1.50.080 (Findings and decision), within 60 days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified conditions, or (3) deny the request.

1. If necessary to reach a determination on the request for reasonable accommodation, the Zoning Administrator or Building Official may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the 60-day period to issue a written determination shall be stayed until the applicant responds to the request.

2. The written determination shall contain the Zoning Administrator’s or Building Official’s factual findings, conclusions and reasons for the decision.

3. The notice of determination shall be sent to the applicant by U.S. mail.

B. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with CVMC 1.50.080 (Findings and decision).

C. Assistance in Making Request. If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding such request, the Department will endeavor to provide the assistance necessary to complete the application and assist in the review process to ensure that the process is accessible to the applicant or their representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant. (Ord. 3233 § 1(A), 2012).

A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts. In making a determination, the Zoning Administrator, Building Official or discretionary review authority, as applicable, shall analyze, consider and incorporate into the record of the proceeding relating to such request for reasonable accommodation the following:

1. The housing, which is the subject of the request, will be used by an individual protected under the Acts.

2. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts.

3. The requested reasonable accommodation will not waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the City’s land use and zoning regulations.

4. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City.

5. The requested reasonable accommodation will not require a fundamental alteration in the nature of the laws, rules, policies, procedures or programs of the City, including but not limited to land use and zoning.

6. There are no feasible alternative means for providing a reasonable accommodation at the property which may provide an equivalent level of benefit.

B. Conditions of Approval. In granting a request for reasonable accommodation, the Zoning Administrator, Building Official or discretionary reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (A) of this section. (Ord. 3233 § 1(A), 2012).

Within 10 business days of the issuance of a written determination, the applicant or other interested party may file an appeal on forms provided by the Development Services Department with the City Clerk’s Office, from the determination of the Zoning Administrator or other discretionary reviewing authority to the City Council, in compliance with Chapter 19.14 CMVC. Said appeal shall specify therein that the decision of the Zoning Administrator was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. An applicant may also request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the City Clerk’s Office shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant. (Ord. 3563 § 1, 2024; Ord. 3233 § 1(A), 2012).

All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Development Services Director, Zoning Administrator, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows:

A. The unit has been reoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or

B. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed 25 percent of the market value of the structure. (Ord. 3233 § 1(A), 2012).

If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (Ord. 3233 § 1(A), 2012).

The Chula Vista Municipal Code is current through Ordinance 3623, passed May 19, 2026.

Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.chulavistaca.gov

To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be sure to add "Chula Vista Municipal Code" in the subject line) cpc@generalcode.com.

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