Mountain View Municipal Code Div. 6 Reasonable Accommodations

This division is established to provide a formal 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, and to establish relevant criteria to be used when considering such requests to new or existing residential structures.

(Ord. No. 18.13, § 1, 12/10/13.)

In order to provide housing accessible to an individual with a disability, any person may request 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.

A person with a disability is a person who has a physical or mental 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 section applies only to those persons who are defined as disabled under the Acts and is permitted for residential properties in all zoning districts.

(Ord. No. 18.13, § 1, 12/10/13.)

a. Requests for reasonable accommodation shall be made with an application submitted to the community development department, together with the appropriate fee, as established by resolution adopted by the city council, and other required information. If the request for reasonable accommodation also requires some other discretionary approval under this chapter (including, but not limited to, a conditional use permit, design review, variance, general plan amendment or zone change), the application shall be submitted and reviewed at the same time as the related applications.

b. All requests shall be reasonable and limited to the minimum modifications the applicant believes are necessary to accommodate the disability. The applicant shall provide all information identified in the reasonable accommodations handout located in the community development department.

c. Any health information protected as confidential in accordance with state and federal law shall be retained by the city in a manner so as to respect the privacy rights of the individual with a disability and shall not be made available for public inspection. The application is otherwise a public record and subject to inspection pursuant to the Public Records Act.

d. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation(s) may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an applicant's obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.

(Ord. No. 18.13, § 1, 12/10/13.)

A reasonable accommodation request shall be processed in the same manner as a development review permit. Applications shall be processed and a decision made by the zoning administrator in accordance with Sec. 36.44.45 (Development Review Process), subject to the findings in Sec. 36.08.65. If appealed, the city council shall be the final decision authority in accordance with Sec. 36.56 (Applications, Hearings and Appeals).

(Ord. No. 18.13, § 1, 12/10/13.)

a. Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth in this subsection. An application under this Section for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to provide housing accessible to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. 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 and zoning or building codes.

b. 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 by Subsection "a." above.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 5, 1/23/24.)