Article 51 — Reasonable Accommodation

This article provides a procedure to request reasonable accommodation in the application of land use or zoning regulations, policies, procedures, or practices, as necessary, to ensure equal access to housing and facilitate the development of housing for individuals with disabilities as provided under fair housing laws.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

(a)

"Fair housing laws" shall mean the "Fair Housing Amendments Act of 1988" (42 U.S.C. Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), including reasonable accommodations required specifically by California Government Code Sections 12927(c)(1) and 12955(I), as any of these statutory provisions now exist or may be amended.

(b)

"Disability" shall include physical disability, medical disability, and medical condition as defined in California Government Code Section 12926.

(c)

"Reasonable accommodation" shall mean a modification in the application of land use or zoning regulations, policies, procedures, or practices when necessary to eliminate barriers to housing opportunities for a person with a disability to have an equal opportunity to access a dwelling, including public and common use spaces.

(d)

"Reviewing authority" shall mean the appropriate decision making body as described in Section 9-4.5107.

(e)

"Zoning Administrator" shall mean the office of Zoning Administrator as detailed in Article 38 of this chapter.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

This article applies to any person with a disability, their representative, or any developer or provider of housing for individuals with disabilities, who requests a reasonable accommodation when the application of land use or zoning regulations, policies, procedures, or practices acts as a barrier to fair housing opportunities for a person with a disability in accordance with fair housing laws. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

Notice shall be prominently displayed at the public information counter in the Planning Department and on the City's website, advising the public of the availability of a procedure for eligible individuals to apply for a reasonable accommodation. Any required form(s) and other information for requesting reasonable accommodation shall be available to the public in the Planning Department and on the City's website.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

(a)

A request for reasonable accommodation from land use or zoning regulations, policies, procedures, or practices may be filed at any time that the accommodation is necessary to ensure equal access to housing. Examples include, but are not limited to, reduced setbacks for accessibility improvements; reduced minimum landscaping coverage for hardscape additions, such as widened driveways, parking areas or walkways; or heritage tree removal to allow construction of accessibility features. A request for reasonable

accommodation pursuant to this Article shall not regulate the standards set forth in Title 8 (Building Regulations) of the PMC.

(b)

Where improvements or modifications approved through a reasonable accommodation would generally require a variance or a parking exception, the reasonable accommodation shall satisfy this requirement and a variance or parking exception shall not be required.

(c)

If an individual with a disability needs assistance in making a request for reasonable accommodation, the City will endeavor to provide the assistance necessary to ensure that the process is accessible to the requestor. The requestor may be represented at all stages of the proceeding by a person designated by the requestor as his or her representative.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

There shall be no fee for the first eight (8) hours of City staff time processing a reasonable accommodation request under this article. Fees for staff time in excess of this allowance, or for costs associated with other studies required pursuant to a request, shall be charged in accordance with the hourly rate as set forth in the fee schedule, as adopted by City Council, and shall require a deposit submitted by the requestor. A requestor may seek a reasonable accommodation for payment of fees in excess of the eight (8) hour allowance.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)

(a)

Reviewing authority.

(1)

A request for reasonable accommodation shall be reviewed by the Zoning Administrator without a public hearing pursuant to Section 9-4.3802 when no other discretionary approval is sought.

(2)

If the project for which the request is being made also requires one or more related discretionary approvals (including, but not limited to, use permit, coastal development permit, site development permit, etc.), then to the extent feasible, the requestor shall file the request for reasonable accommodation together with any related application for discretionary approval and the reasonable accommodation request. The appropriate decision making body in accordance with the procedures provided in this title for the other related discretionary approval shall be the reviewing authority for the reasonable accommodation request.

(b)

Review.

(1)

A request for reasonable accommodation shall be submitted on a form provided by the City and shall include all the information necessary to fairly and adequately review the reasonable accommodation request in accordance with the intent of this article, and any applicable fees. The information required may include, but shall not be limited to:

(i)

Name and address of the individual or entity requesting reasonable accommodation.

(ii)

Address of the property for which accommodation is requested.

(iii)

The current use of the property that is the subject of the request.

(iv)

Description of the requested accommodation and the regulation, policy or procedure for which accommodation is sought.

(v)

The reason that the requested accommodation may be necessary for the individual with the disability to use and enjoy the dwelling.

(vi)

A site plan and/or floor plan of the property demonstrating the location of the reasonable accommodation, and including interior dimensions, property line setbacks, and height of the accommodation.

(vii)

Name and address of the property owner.

(viii)

Authorization by the property owner to implement the reasonable accommodation.

(2)

Any information identified by a requestor as confidential shall at all times be retained in a manner so as to respect the privacy rights of the requestor and shall not be made available for public inspection, unless required by law.

(c)

Public notice and timing.

(1)

The Zoning Administrator shall make a written determination on a reasonable accommodation request within forty-five (45) days of finding the information related to the request complete when no discretionary approval is sought. The Zoning Administrator shall make its determination of the reasonable accommodation request without issuing a public notice and without conducting a public hearing.

(2)

When a reasonable accommodation request is being requested in conjunction with a related discretionary approval, public noticing for the reasonable accommodation shall occur in compliance with the public noticing procedure for the discretionary approval. The reviewing authority for the discretionary approval shall make a determination on a reasonable accommodation request in compliance with the review procedure for the associated discretionary approval, including, but not limited to, any requirement for public notice or public hearing; except, however, approval of a variance or parking exception shall not be required for purposes of deviating from development standards directly related to the requested reasonable accommodation.

(3)

If necessary to reach a determination on any request for reasonable accommodation, the reviewing authority may request further information from the requestor or others consistent with this article and the fair housing laws, specifying in detail what information is required. If a need for further information is made of the requestor, the time period to issue a determination shall be stayed until the requestor responds to the request.

(d)

Findings. The reviewing authority shall issue a written decision to grant, grant with modifications, or deny a request for reasonable accommodation which shall be consistent with fair housing laws and based on the following factors:

(1)

That the housing which is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected pursuant to fair housing laws;

(2)

That the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws, and alternatives that may provide an equivalent level of accommodation while complying with applicable land use or zoning regulations, policies, procedures, or practices are infeasible;

(3)

That the requested reasonable accommodation would be constructed in a manner that is architecturally compatible with the subject property, to the maximum extent practicable, while still achieving the required functionality of the reasonable accommodation;

(4)

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

(5)

That the requested reasonable accommodation would not constitute a fundamental alteration of the City's land use or zoning regulations, policies, procedures, or practices, including the Local Coastal Program, as applicable;

(6)

That the requested reasonable accommodation would not have significant adverse impacts on coastal resources; and

(7)

That the requested accommodation would not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the subject property and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the area.

(e)

Decision.

(1)

The reviewing authority's written decision shall provide a description of the subject property, the reasonable accommodation requested, conditions of approval (if any), and findings pursuant to subsection (d). The requestor shall be given notice of the right to appeal. The decision shall be mailed to the requestor, to any person who provided written comment on the request, and to any other person who requests notice.

(2)

Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this article.

(3)

The reviewing authority may approve alternative accommodations that provide equivalent and reasonable levels of accommodation to the requestor.

(4)

The written decision of the reviewing authority shall be final, unless appealed as set forth in Section 9- 4.5108.

(5)

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.

(6)

It shall be at the discretion of the reviewing authority whether to include a condition of approval to a request for reasonable accommodation under this article to provide for its rescission or automatic expiration under appropriate circumstances.

(7)

Any nonconformity with land use or zoning regulations, policies, procedures, or practices which may be created as a result of approval of a reasonable accommodation request shall not be a basis for future development or redevelopment in reliance on that nonconformity.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019; Ord. 867-C.S., § 3, eff. September 22, 2021)

(a)

In the event the requestor or any aggrieved person is not satisfied with the action of the Zoning Administrator on the determination of a reasonable accommodation request, a written appeal may be made within ten (10) days after the action and shall be filed in accordance with Section 9-4.3804.

(b)

In the event the requestor or any aggrieved person is not satisfied with the action of the Planning Commission on the determination of a reasonable accommodation request, a written appeal to the Council may be made within ten (10) days after the action. Such appeal shall be filed with the City Clerk and accompanied by a fee as set forth in Section 9-4.3602 of Article 36 of this chapter.

(c)

If an individual needs assistance in filing an appeal described in this section, the City shall provide assistance to ensure that the appeals process is accessible.

(d)

Any information identified by a requestor as confidential shall at all times be retained in a manner so as to respect the privacy rights of the requestor and shall not be made available for public inspection, unless required by law.

(e)

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available in accordance with the law.

(f)

Any appeal of a discretionary approval decision which may have been considered by the reviewing authority in conjunction with the request for reasonable accommodation pursuant to Section 9-4.5107, shall be appealed in accordance with the appeal procedures provided in this title for the discretionary approval being appealed.

(§ 2, Ord. 851-C.S., eff. Dec. 12, 2019)