Lafayette Municipal Code Ch. 6-34 Reasonable Accommodation

Footnotes:

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Editor's note— Ord. No. 697, § 3(Exh. A), adopted July 28, 2025, repealed the former Ch. 6-34, §§ 6-3401—6-3409, and enacted a new Ch. 6-34 as set out herein. The former Ch. 6-34 pertained to similar subject matter and derived from Ord. 556 § 2 (Exh. A) (part), adopted in 2006.

The City of Lafayette's policy is to comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing. The city also recognizes the importance of sustaining and enhancing residential neighborhoods. This chapter is intended solely for residential use. In determining whether a requested modification is reasonable, the city will consider, among other relevant factors, the extent to which the modification might be in conflict with the legitimate purposes of its existing zoning regulations, including where relevant, those regulations aimed at sustaining residential neighborhoods and preserving a suitable environment for family life. The purpose of this chapter is to provide a process for making and acting upon requests for reasonable accommodation.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a) "Housing designed for occupancy by, or with supportive services for persons with disabilities" includes a wide range of housing types, including, but not limited to, housing that is physically accessible to people with mobility impairments, residential care facilities for individuals with disabilities or for the elderly, group homes, housing for individuals with Alzheimer's disease, housing for persons with HIV/AIDS, housing with support services and transitional housing that serve homeless with disabilities.

(b) "Person with disabilities" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual.

(c) "Reasonable accommodation and modification" means the act of making facilities used by residents readily accessible to and usable by individuals with disabilities, through the removal of constraints within the land use, zoning, permit and processing procedures.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a) Any person who requests reasonable modification, based on the disability of residents, in the application of a land use or zoning law which may be acting as a barrier to fair housing opportunities, may do so on a form prescribed for that purpose by the city.

(b) If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(c) If the zoning administrator finds that the proposed development is minimal in nature and complies with the purpose and intent of this chapter and/or other related chapters of this title, the zoning administrator may waive the requirement for related discretionary permits, including, but not limited to, a hillside development permit.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The applicant shall provide the following information:

(a) Applicant's name, address, and telephone numbers;

(b) Project property address;

(c) The current use of the property;

(d) The zoning code provision, regulation, or policy from which the modification is being requested;

(e) The basis for the claim that the person(s) and the housing for which modification is sought qualify under Sections 6-3402(a) and (b) of this chapter, and why the modification is reasonably necessary;

(f) Other relevant information as requested by the zoning administrator or his or her designee; and

(g) Upon request and when necessary to establish a substantial impairment or the need for a modification, a medical certification may be required (this will not be required where the impairment and need for modification are readily apparent).

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

The procedure for reasonable modification is as follows:

(a) Application. An application shall be filed with the zoning administrator on a form approved by the city. The application shall include all submittal requirements as described in Section 6-3404 of this chapter. If assistance is needed to complete the application, or an alternative format for the application is necessary, the zoning administrator should be contacted for assistance.

(b) Public Notice. Within ten days of deeming an application complete, a notice of pending application shall be sent to all property owners within 300 feet of the subject property. If the zoning administrator finds that the request for reasonable modification is de minimus in nature and complies with the purpose and intent of this chapter, the zoning administrator may waive the requirement for public notification. If a notice is appropriate, it shall include the following information:

(1) Description of reasonable modification request;

(2) Statement about the scope of application review permitted by this chapter;

(3) Date by which public comments regarding the application shall be submitted for consideration;

(4) Date that the zoning administrator shall make a determination on the application; and

(5) Appeal rights as described in Section 6-3406 of this chapter.

(c) Determination. Within 30 days of deeming an application complete, the zoning administrator shall approve, conditionally approve, or deny the application.

(d) Expiration of Permit. The permit is valid for 12 months from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire. The applicant may request one 12-month extension from the zoning administrator.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

A person desiring to appeal the determination of the zoning administrator regarding the approval, conditional approval, or denial of a request for reasonable modification shall file a notice of appeal with the city clerk within 14 days after the date of determination. The city council will consider the appeal within 30 days after the notice is filed. The city council shall limit its consideration of the appeal to whether the reasonable modification meets the findings in Section 6-3407 of this chapter. There shall be no appeal fee for appealing a denial of a request for reasonable modification.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

In making a determination regarding the reasonableness of a requested modification, the following factors shall be considered:

(a) Special needs created by the disability;

(b) Potential benefit that can be accomplished by the requested modification;

(c) Physical attributes of and any proposed changes to the subject property and structures;

(d) Alternatives which may provide an equivalent level of benefit;

(e) Whether the requested modification would impose an undue financial or administrative burden on the city;

(f) Whether the requested modification would require a fundamental alteration in the nature or effect of the city's land use and zoning ordinances, programs or policies;

(g) Whether the modification would create a "direct threat," which is a significant risk to the health or safety of others, that cannot be eliminated or reduced to an acceptable level by further modification of the city's policies, practices, or procedures; and

(h) Whether the requested modification is consistent with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

(a) There is no application fee associated with requests for reasonable modification.

(b) No application fee shall apply to the request for reasonable modification unless the request is made concurrently with an application for some other discretionary approval, in which case, the applicant shall pay only the required application fee for the discretionary approval.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)

In granting a request for reasonable modification, the reviewing authority may impose any conditions deemed reasonable and necessary to ensure that the reasonable modification would comply with the findings required by Section 6-3407 of this chapter. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable modification be removed once those structures or physical design features are no longer necessary for housing designed for a person with a disability. Any approval or conditional approval of an application may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)