Chapter 18.50 — REASONABLE ACCOMMODATIONS

The purpose of this chapter is to comply with the Federal Fair Housing Act and the California Fair Employment Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. This section is intended to implement the 2015 City's Housing Element of the General Plan – Housing Action Plan. (Ord. 2016-456 §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 in any residential zone district. 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.

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 Section 18.50.030 . (Application requirements). (Ord. 2016-456 §1)

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

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

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

  3. The current actual use of the property.

  4. Plot Plan. A plot plan showing the size and location of the reasonable accommodation improvement (if applicable).

  5. Floor plans.

  6. The size and location of the reasonable accommodation improvement (if applicable).

  7. Elevations. Elevations showing the size and location of the reasonable accommodation improvement (if applicable).

  8. The basis for the claim that the individual is considered disabled under the Acts.

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

  10. Why the reasonable accommodation is necessary to make the specific property accessible 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 some other discretionary approval (including, but not limited to, conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A together for concurrent review with the application for discretionary approval.

(Ord. 2016-456 §1)

• A. Planning Director. Requests for reasonable accommodation shall be reviewed by the Planning Director, or designee if no approval is sought other than the request for reasonable accommodation.

• B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

• (Ord. 2016-456 §1)

• A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

  1. Whether the housing, which is the subject of the request, will be used by an individual considered to be disabled under the Acts.

  2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a 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 and zoning.

  5. Potential impact on surrounding uses.

  6. Physical attributes of the property and structures.

  7. Alternative reasonable accommodations which may provide an equivalent level of benefit.

• B. Conditions of Approval. In granting a request for reasonable accommodation, the 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 above.

• (Ord. 2016-456 §1)

A determination by the reviewing authority to grant or deny a request for a reasonable accommodation may be appealed to the City Council in accordance with the provisions of Chapter 18.80 , with the reviewing authority being deemed to be acting as the Planning Commission for purposes of Chapter 18.80 .

(Ord. 2016-456 §1)