16.73 Reasonable Accommodation

The purpose of this chapter is to provide a process for 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 practices. (Ord. 482-13 § 2, 2013)

In order to make specific housing available 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 chapter applies only to those persons who are defined as disabled under the Acts. (Ord. 482-13 § 2, 2013)

• A. Application Contents. Applications for reasonable accommodation shall contain the following:

1. Certification and documentation that the applicant is a person with disability or representing a person(s) with disability.

2. The name and address of the person requesting reasonable accommodation.

3. The name and address of the property owner(s).

4. A description and diagram depicting the reasonable accommodation requested by the applicant.

5. An explanation of how the requested accommodation is necessary to provide the person(s) with disability equal opportunity to use and enjoy the residence.

6. The director may request additional information from the applicant if the application does not provide sufficient information to make the findings required in Section E.

7. Fee as established through the city's fee schedule, if the project requires another discretionary permit, the fee(s) for all other discretionary permits shall be paid.

8. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure the process is accessible.

B. Other Discretionary Permits. If a project, for which the request for reasonable accommodation is being made, also requires some discretionary permit(s) or approval(s), the application may be submitted and reviewed at the same time as the related permit(s) or approval(s).

(Ord. 482-13 § 2, 2013)

The director may approve, conditionally approve, or deny a reasonable accommodation request, with ten-day public notice to adjacent property owners, subject to the Findings in 16.73.050(A). The director may refer the application to the planning commission.

(Ord. 482-13 § 2, 2013)

A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter 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 make specific housing available 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.

5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.

B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

2. Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

D. 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. 598-23 § 4, 2023; Ord. 482-13 § 2, 2013)

The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a reasonable accommodation application:

A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).

B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved reasonable accommodation reasonable accommodation have been satisfied.

• C. Changes. Minor changes to required conditions of an approved reasonable accommodation may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).

• D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved reasonable accommodation.

E. Suspension/Revocation.

1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation by a reasonable accommodation holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a reasonable accommodation permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.

2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the reasonable accommodation, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the reasonable accommodation. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).

(Ord. 482-13 § 2, 2013)