Paso Robles Municipal Code Ch. 21.27 Reasonable Accommodations

A. Purpose. This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

2. 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 this type of impairment, or anyone who has a record of this type of impairment.

3. A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, 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.

4. An applicant seeking reasonable accommodation pursuant to this chapter may seek an accommodation that is also available under other provisions allowing for modifications of otherwise applicable standards under this title. In such case, an accommodation under this chapter shall be in lieu of any approval, permit, or entitlement that would otherwise be required.

5. An applicant submitting a request for reasonable accommodation pursuant to this chapter may request an accommodation not otherwise available under this title.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A. Application Requirements. In addition to any other information that is required under this title, an applicant submitting a request for reasonable accommodation shall provide the following information:

1. Applicant's name, address, telephone number, and email address;

2. Address of the property for which the request is being made;

3. The current actual use of the property;

4. The code provision, regulation(s), policy, or procedure for which accommodation is requested;

5. A statement describing why the requested accommodation is reasonably necessary to make the specific housing available to the applicant, including information establishing that the applicant is disabled under applicable laws. Any information related to a disability status and identified by the applicant as confidential shall be retained in a manner so as to respect the applicant's privacy rights and shall not be made available for public inspection;

6. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

7. Such other relevant and permissible information as may be requested by the zoning administrator or their designee.

B. Review Authority. The zoning administrator shall have the authority to consider and act on requests for reasonable accommodation. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the review authority for the discretionary land use application.

C. Approval. An application filed pursuant to this chapter may be approved, approved subject to conditions, or denied.

D. Fees. There shall be no fee in connection with the filing of a request for reasonable accommodation. If the request for reasonable accommodation is filed concurrently with an application for an additional approval, permit or entitlement, the applicant shall pay only the fee for the additional approval, permit, or entitlement.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A. Findings. Before a reasonable accommodation request may be granted, the review authority shall make all of the following findings:

1. The person that will live in the housing that is the subject of the modification is a qualified individual with a disability protected under fair housing laws;

2. The modification is necessary to make housing available to disabled persons protected under fair housing laws;

3. The requested modification would not impose an undue financial or administrative burden on the city; and

4. The requested modification would not constitute a fundamental alteration of the city's zoning or building laws, policies, procedures, or subdivision program.

B. Decision. The zoning administrator shall issue a decision letter within thirty days of deeming the application complete and may either grant, grant with modifications, or deny a request for reasonable accommodations in accordance with the required findings (Subsection 21.27.030(A)).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any approval or conditional approval of an application filed pursuant to this chapter may provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A. General. The procedures and requirements in Chapter 21.24 (Entitlement Implementation, Extensions, Amendments, and Revocations), and those related to appeals in Chapter 21.25 (Appeals and Calls for Review) shall apply following the decision on a reasonable accommodation application.

B. Termination. A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)