Monterey Municipal Code Art. 30 REASONABLE ACCOMMODATION Revised

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)

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.Repealed by Ord. 3718.

(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.Repealed by Ord. 3718.

(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:

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)

A.Within thirty (30) days of the date of reviewing authority’s written decision, an applicant may appeal an adverse decision to the Disabled Access Appeals Board pursuant to Section 2-11.00 et seq. Appeals from the adverse decision shall be made in writing.

B.If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

C.All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

D.Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. (Ord. 3718 § 4, 2026)