Chapter 10.90 — REASONABLE ACCOMMODATIONS

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) (also known 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. (Ord. 935 § 3 (part), 2015)

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, as those terms are defined by the Acts.

• B. Eligible Requests.

1. 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.

2. A request for Reasonable Accommodation shall comply with Section 10.90.030 (Application Requirements), below. (Ord. 935 § 3 (part), 2015)

An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). 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. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.90.060 (Findings and Decision), below. The contents of the application will be held confidential to the extent permissible under Public Records Act Section 6250 et seq. (Ord. 935 § 3 (part), 2015)

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 by the authority reviewing the discretionary land use application. (Ord. 935 § 3 (part), 2015)

A. Director’s Review. The Director shall make a written decision and either approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 10.90.060 (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 10.90.060 (Findings and Decision), below.

C. Request of Further Information. If necessary to reach a determination on the request for Reasonable Accommodation, the review authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. (Ord. 935 § 3 (part), 2015)

A. Findings. The applicable review authority may approve a request for Reasonable Accommodation, with or without conditions, only after first making all of the following findings:

1. The requested Reasonable Accommodation would be consistent with the Acts specified in Section 10.90.010 (Purpose), above;

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

3. The request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

4. The requested Reasonable Accommodation would not impose an undue financial or administrative burden on the City;

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

6. There would be no potential impact on surrounding uses;

7. The physical attributes of the subject property and structure(s) would warrant approval of the requested Reasonable Accommodation; and

8. No other Reasonable Accommodations would provide an equivalent level of benefit.

B. Conditions of Approval. In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Subsection A. (Findings), above.

C. Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)