Los Gatos Municipal Code Div. 9 Reasonable Accommodation

The intent of this division is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of the Town's land use regulations and to establish relevant criteria to be used when considering such requests.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

This division 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 in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

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. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This division is intended to apply to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

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.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

(a) The applicant shall file an application to request a reasonable accommodation which shall include the following:

(1) Information noting the applicant's eligibility under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

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

(3) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(b) If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to; architecture and site, conditional use permit, zone change, minor residential development), then the applicant shall file the information required by subsection (a) together for concurrent review with the application for discretionary approval.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

(a) Requests for reasonable accommodation shall be reviewed by the Planning Director if no approval is sought other than the request for reasonable accommodation. The Planning Director shall make a written determination within forty-five (45) days of the date of the request.

(b) Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authorities reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the deciding body responsible for determining the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

(Ord. No. 2222, § II(Exh. A), 10-21-13)

(a) Findings. The deciding body, on the basis of the evidence submitted, may approve a request for reasonable accommodation if it finds all of the following:

(1) The housing will be used by an individual disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

(2) The request is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

(3) The request would not impose an undue financial or administrative burden on the Town.

(4) The request would not require a fundamental alteration in the nature of a Town program or law, including but not limited to land use and zoning.

(5) There would be no impact on surrounding uses.

(6) Due to physical attributes of the property or structures the request is necessary.

(7) There is no alternative reasonable accommodation which may provide an equivalent level of benefit.

(b) Conditions of approval. In granting a request for reasonable accommodation, the deciding body 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. No. 2222, § II(Exh. A), 10-21-13)