32-71 REASONABLE ACCOMMODATION.

It is the policy of the Town, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the Town to comply fully with the intent and purpose of fair housing laws.

(Ord. #2014-09, § 1; Ord. 2015-08, § 1; Ord. 2025-01, § 1)

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

(Ord. #2014-09, § 1; Ord. 2015-08, § 1; Ord. 2025-01, § 1)

a. Request. A disabled person may request a reasonable accommodation in the application of the Town’s land use and zoning regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the Town’s land use and zoning regulations. A reasonable accommodation without the need for the approval of a variance, conditional use permit, or other discretionary permit may be granted ministerially in compliance with this chapter.

(Ord. #2014-09, § 1; Ord. 2015- 08, § 1; Ord. 2025-01, § 1)

a. Review with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as a land use permit, development plan, general plan amendment, rezoning, subdivision map), then the applicant shall submit the information required by subsection a. at the same time as the application for the required discretionary permit.

b. Confidentiality. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(Ord. #2014-09, § 1; Ord. 2015- 08, § 1; Ord. 2025-01, § 1)

a. Approval authority.

1. Chief of Planning. A request for reasonable accommodation shall be reviewed by the Chief of Planning or their designee, if no approval is required other than the request for reasonable accommodation. The Chief of Planning or their designee shall make a written determination within 30 days of the application being deemed complete, and either grant, grant with modifications, or deny a request for reasonable accommodation, based on the findings set forth in Danville Municipal Code subsection 32-71.6. The decision shall be in writing and sent to the applicant.

b. Notice. Reasonable accommodation requests acted upon by the Chief of Planning are ministerial, requiring no public notification.

(Ord. #2014-09, § 1; Ord. 2015- 08, § 1; Ord. 2025-01, § 1)

32-71.6 Findings; Other Requirements.

a. Findings. The Chief of Planning shall approve the application, with or without conditions, if it can make the following findings:

1. The housing will be used by a disabled person;

2. The requested accommodation is necessary to make specific housing available to a disabled person;

3. The requested accommodation would not impose an undue financial or administrative burden on the Town; and

4. The requested accommodation would not require a fundamental alteration in the nature of a Town program or law, including land use and zoning.

b. Other requirements.

1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

2. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.

3. Where appropriate, the reviewing authority may condition its approval on any or all of the following:

• (a) Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

(b) Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

• (c) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

• (d) Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

• (e) Measures to reduce the impact on surrounding uses;

• (f) Measures in consideration of the physical attributes of the property and structures;

(g) Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height or the reduction of required on-site parking; and

• (h) Other conditions necessary to protect the public health, safety and welfare.

• (Ord. #2014-09, § 1; Ord. 2015-08, § 1; Ord. 2025-01, § 1)

A decision by the Chief of Planning may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the Town Council in accordance with the appeal procedures of Danville Municipal Code Section 32-7.

(Ord. #2014-09, § 1; Ord. #2015-08, § 1)