Chapter 12.54 — REASONABLE ACCOMMODATIONS

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 (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures. (Ord. 2025-152, 8/18/2025)

• A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. 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 such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the acts.

• B. 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.

• C. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

• D. A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

• (Ord. 2025-152, 8/18/2025)

• A. Application. A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Community Development Director and shall contain the following information:

  1. The applicant's name, address, and telephone number;

  2. Name and address of the property for which the request is being made;

  3. The current actual use of the property;

  4. The basis for the claim that the individual is considered disabled under the acts;

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

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

• B. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be displayed at public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community Development Department.

• C. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, development review, etc.), then the applicant shall file the information required by subsection A.1 of this section together for concurrent review with the application for discretionary approval.

• D. 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.

• E. Available Assistance. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.

• (Ord. 2025-152, 8/18/2025)

• A. Community Development Director. A request for reasonable accommodation shall be reviewed by the Community Development Director if no approval is sought other than the request for reasonable accommodation.

• B. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30 day period to issue a decision is stayed until the applicant responds to the request.

• (Ord. 2025-152, 8/18/2025)

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in section 12.54.060 . All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

• A. The written decision of the reviewing authority shall be final unless an applicant appeals to the Planning Commission.

• B. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the 30 day time period allotted by section 12.54.040 , the request shall be

deemed granted.

• C. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

• (Ord. 2025-152, 8/18/2025)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

• A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

• B. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

• C. Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

• D. Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning or building program.

• (Ord. 2025-152, 8/18/2025)

• A. Within 30 days of the date of the Director's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

• B. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.

• C. All appeals shall contain a statement of the grounds for the appeal. 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.

• D. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

• (Ord. 2025-152, 8/18/2025)