Los Altos Municipal Code Art. 3 Reasonable Accommodation

The purpose of reasonable accommodations is to provide provisions in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and Government Code §§ 65008 and 12900 et seq., together referred to as "Fair Housing Laws") for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. The term "disability" as used in this article shall have the same meaning as the term's "disability," "handicapped," or similar terms, as defined in the Fair Housing Laws, as may be amended from time to time. The purpose of this article is to establish the procedure by which a request for a reasonable accommodation shall be made and processed.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice, or procedure acts as a barrier to housing opportunities.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards, development, and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity for the housing of their choice.

C.

A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not necessary to achieve the purposes set forth in paragraph (B).

D.

If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes, or (2) the accommodation is to be used by another individual with a disability.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

Application for a request for reasonable accommodation shall be made in writing on a form provided by the development services department. The form shall be signed by the property owner or authorized agent. The application shall state the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the development services director. The application shall include the zoning, land use and/or building code provision, regulation, policy or practice from which modification or exception for reasonable accommodation is being requested, including an explanation of how application of the existing zoning, land use or building code provision, regulation, policy or practice would preclude the provision of reasonable accommodation, along with documentation that demonstrates the reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

B.

If any information provided is identified by an applicant as confidential then the city shall endeavor to withhold that information from copying and inspection by members of the public, to the extent reasonably determined by the city to be authorized or required by applicable law, including Government Code sections 7926.000 to 7926.500 and 7927.705, and Section 1 of Article 1 of the California Constitution.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

Within sixty (60) days of receipt of a completed application, the development services director, or designee, shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. The request

shall be processed independently of any other required development permits. However, approval of reasonable accommodation may be conditioned upon approval of other related permits.

B.

The filing of an application for request for reasonable accommodation shall not require public notice.

C.

If necessary to reach a determination on the request for reasonable accommodation, the development services director, or designee, may request further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required.

D.

The decision on a request for reasonable accommodation shall be final and not appealable.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)

A.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:

The housing which is the subject of the request for reasonable accommodation will be occupied by an individual, or individuals, with a disability protected under Fair Housing Laws;

The requested accommodation is necessary to make specific housing available and/or accessible to an individual with a disability protected under the Fair Housing Laws;

The requested accommodation would not impose an undue financial or administrative burden on the city; and

The requested accommodation would not require a fundamental alteration in the nature of the city's land use and zoning and building regulations, policies, practices, and procedures.

B.

In granting a request for reasonable accommodation, the development services director, or designee may impose any conditions of approval deemed reasonably necessary to ensure that the reasonable accommodation would comply with the findings required above.

(Ord. No. 2023-497, § 1(App. A), 9-12-2023; Ord. No. 2023-503, § 4(App. D), 11-28-2023)