Chapter 19.52 — REASONABLE ACCOMMODATION

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act (the Acts) in the application of development or land use regulations.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010)

A request for reasonable accommodation may:

Be made only for existing residential dwellings or accessory dwelling units.

Be made by any person who is defined as disabled under the Acts, when the application of development or land use regulations act as a barrier to fair housing opportunities.

Include a variance to the development or land use regulations that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. 16-2159 § 7, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010)

Application shall be made to the Director of Community Development, shall include information required per Section 19.12.080 and shall additionally contain the following:

Plans or descriptions of existing and proposed construction on the property involved together with a statement of the circumstances which justifies the request for reasonable accommodation;

Additional information, including, but not limited to:

Why the individual is considered disabled under the Acts;

The development or land use regulations from which reasonable accommodation is being requested; and

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010)

Application shall be made and processed in accord with the requirements of Chapter 19.12.

(Ord. 2085, § 2 (part), 2011)

The Approval Body may grant a request for reasonable accommodation only if all of the following findings are made:

The proposed improvements are necessary to provide housing access for persons disabled under the Acts;

The reasonable accommodation granted is one that will accomplish the purpose with the least modification to the development or land use regulations from which reasonable accommodation is being requested;

The granting of the reasonable accommodation will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title; and

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

Conditions of Approval. In granting a request for reasonable accommodation, the Approval Body may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings in Section 19.52.050(A).

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010)

A decision by the Approval Body regarding the request for reasonable accommodation may be appealed pursuant to Chapter 19.12.

(Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010)