Chapter 10 — REASONABLE ACCOMMODATION

The intent of this Chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following shall apply to any request for a reasonable accommodation:

(a)

A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this Title or other County requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this Chapter, a "person with a disability" is any 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 Chapter 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 pr person with a disability equal opportunity to housing of his or her choice.

(c)

A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

(d)

A reasonable accommodation may be granted in compliance with this Chapter without the need for the approval of a deviation or a variance.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of the Community

Development Department, and shall contain the following information:

(1)

The applicant's name, address, and telephone number;

(2)

Address and/or APN of the property for which the request is being made;

(3)

The current use of the property;

(4)

The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;

(5)

The Development Title 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)

If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (a) of this section for concurrent review with the application for discretionary approval.

(c)

A request for reasonable accommodation shall be reviewed by the Director of the Community Development Department (Director) or his/her designee, if no approval is sought other than the request for reasonable accommodation or for applications that do not require a public hearing review. The Director or his/her designee shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

(d)

A request for reasonable accommodation submitted for concurrent review with a discretionary land use application that requires a public hearing review shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(a)

The housing in the request will be used by a person with a disability under the Acts;

(b)

The request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

(c)

The requested reasonable accommodation would not impose an undue financial, administrative, enforcement, or health and safety burden on the City;

(d)

The requested reasonable accommodation would not conflict with the nature of a County program or law, including, but not limited to, land use and zoning;

(e)

The impact on surrounding uses;

(f)

The physical attributes of the property and structures; and

(g)

Any other reasonable accommodations that may provide an equivalent level of benefit.

(Ord. 2024-18, § 1(Exh. A), 2024)

In granting a request for reasonable accommodation, the Director or his/her designee, or the Planning Commission, as the case may be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall, also, state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-2-1006 - Appeals.

An action pursuant to this Chapter may be appealed in accordance with the provisions stated in Section 9- 2-511 Appeals of Staff Review With Notice or Section 9-2-412 Appeals of Public Hearing Review.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 3. - RESIDENTIAL ZONES

CHAPTER 1. - RESIDENTIAL ZONES: INTENT AND ORGANIZATION