Article 30

REASONABLE ACCOMMODATION

Sections:

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

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Ch. 38 Zoning Ordinance | Monterey City Code

• § 38-224. Purpose. § 38-225. Applicability. § 38-226. Application Procedure. § 38-227. Review Authority. § 38-228. Findings for Decision. § 38-229. Conditions of Approval.

(Ord. 3554, 11/16)

This article 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 (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. (Ord. 3554 § 14, 2016)

A. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a requirement of this Zoning Ordinance or other City requirement, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or developmental 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 article is intended to apply to those persons who are defined as disabled under the Acts.

B. 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.

C. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the property unless specifically granted in the conditions associated with approval of a reasonable accommodation (see Section 38-229).

D. A reasonable accommodation may be granted in compliance with this article without the need for the approval of a variance.

• E. Requests for reasonable accommodation shall be as described in the following section. (Ord. 3554 § 14, 2016)

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Page 309 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

A. Application. Requests for reasonable accommodation shall be submitted in the form of a letter to the City Manager or designee 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. The basis for the claim that the individual is considered disabled under the Acts;

5. The Zoning Ordinance provision, regulation or policy from which reasonable accommodation is being requested; and

6. 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 (e.g., use permit, coastal development permit, etc.), then the applicant shall file the application for discretionary approval together with the information required by subsection (A) of this section for concurrent review. (Ord. 3554 § 14, 2016)

A. City Manager or Designee. Requests for reasonable accommodation shall be reviewed by the City Manager or designee, or his/her designee if no approval is sought other than the request for reasonable accommodation. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below.

B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another land use application that is discretionary shall be reviewed by the authority responsible for reviewing the discretionary land use application. The written determination to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with the findings and decision as established below. (Ord. 3554 § 14, 2016)

A. The written decision to a request for reasonable accommodation will be consistent with the Acts and shall be subject to the following findings for decision:

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Page 310 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

1. That the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

2. That the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3. That the requested reasonable accommodation would not impose an undue financial or administrative burden on the City;

4. That 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, zoning, or the Local Coastal Program; and

5. That any alternative reasonable accommodations to the original request would make the housing available to the individual with a disability under the Acts. (Ord. 3554 § 14, 2016)

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 herein. The conditions shall also state whether the accommodation granted shall be rescinded in the event that the person for whom the accommodation was requested no longer resides on the property. (Ord. 3554 § 14, 2016)

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Disclaimer: The City Clerk’s office has the official version of the Monterey City Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: monterey.gov

Hosted by General Code.

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.