§ 19.120

This Chapter provides a procedure 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 (ADA) (referred to in this Chapter as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

A.

Eligible applicants.

1.

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

2.

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.

3.

This Chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

Eligible request.

1.

A request for Reasonable Accommodation may include a modification 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.

2.

A request for Reasonable Accommodation shall comply with Section 19.120.030 (Application Requirements), below.

A.

Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Planning Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

B.

Filing with other land use applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Conditional Use Permit, Site Plan and Design

Review, etc.), the applicant shall file the information required by Subsection A. (Application), above, together with the materials required for the other discretionary approval.

C.

Responsibility of the applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.120.060 (Findings and Decision), below.

A.

Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

B.

Other review authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the authority reviewing the discretionary land use application.

A.

Director's review. The Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 19.120.060 (Findings and Decision), below.

B.

Other review authority. The written decision on whether to approve or deny the request for Reasonable Accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 19.120.060 (Findings and Decision), below.

19.120.060 - Findings and decision.

A.

Findings. The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by an individual defined as a disabled under the Acts;

Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with disability under the Acts;

3.

Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;

4.

Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use zoning;

5.

Physical attributes of the property and structures; and

6.

Other Reasonable Accommodations that may provide an equivalent level of benefit.

(Ord. No. 916, § 7, 4-25-2023)

19.120.070 - Rescission of approval of reasonable accommodation.

A.

Rescission. An approval or conditional approval of an application made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.), unless allowed to remain in compliance with Subsection B. (Discontinuance), below.

B.

Discontinuance.

1.

A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days.

2.

If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the review authority first determines that:

a.

The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Development Code; or

b.

The accommodation is to be used by another qualifying individual with a disability.

3.

The review authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within 10 days of the date of a request by the review authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Reasonable Accommodation application.

Chapter 19.122 - SITE PLAN AND DESIGN REVIEW

Sections: