Division 17.76 — REASONABLE ACCOMMODATION

Sections: 17.76.010 Intent 17.76.020 Requesting reasonable accommodation 17.76.030 Application 17.76.040 Approval authority; Hearing; Decision 17.76.050 Findings; Other requirements 17.76.060 Appeal 17.76.070 Definitions

17.76.010 Intent .

It is the city’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this division is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements.

This division is based on requirements of the Federal and State fair housing laws, and implements the Housing Element of the City’s General Plan. It is distinct from the requirements for a variance set forth in division 17.70, Variances.

A. Request. An individual with a disability may request a reasonable accommodation in the application of the city’s land use and zoning regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the city’s land use and zoning regulations.

B. Availability of information. Information regarding this reasonable accommodation procedure will be available at the public information counters in the department of public works, advising the public of the availability of the procedure for eligible applicants, and be made available on the city’s website.

C. Assistance. If an applicant needs assistance in making the request, planning staff will endeavor to provide the assistance necessary to ensure that the process is available to the applicant.

D. Balancing rights and requirements. The city will attempt to balance (1) the privacy rights and reasonable request of an applicant for confidentiality, with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal, the city’s requests for information, consideration of an application, preparation of written findings, and maintenance of records for a request for reasonable accommodation.

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The applicant must submit a request for reasonable accommodation on a form provided by the city. The application must include the following information:

1. the basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations;

2. the rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;

3. the type of accommodation sought;

4. the reason(s) why the accommodation is reasonable and necessary for the needs of the individual(s) with a disability (where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation);

5. copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

6. other supportive information deemed necessary by the city to facilitate proper consideration of the request, consistent with fair housing laws.

The fee for an application for reasonable accommodation shall be established by resolution of the City Council.

A. Approval authority.

1. Director. The Director has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is an individual with a disability within the meaning of this division 17.76, except as noted in subsection A.2 of this section. If the application involves physical changes to the property subject to Director review under division 17.66, the Director will review and decide the design review permit application. The Director may refer the matter to the Planning Commission.

2. Planning Commission. The Planning Commission will review and decide upon requests for reasonable accommodation (including whether the applicant is an individual with a disability within the meaning of this division), when an application involves a variance or other land use entitlement under this chapter, or when referred by the Director.

B. Notice. No advance notice or public hearing is required for Director's consideration of a reasonable accommodation request. A request for reasonable accommodation subject to review

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by the Planning Commission requires advance notice and a public hearing under the requirements of divisions 17.62 and 17.64.

C. Decision. The Director will render a decision or refer the matter to the Planning Commission within 30 days after the application is complete. The reviewing body and will approve, approve with conditions or deny the application, based on the findings set forth in section 17.76.050.

A. Findings. The reviewing body will approve the application, with or without conditions, if it makes the following findings:

1. The housing will be used by an individual with a disability;

2. The requested accommodation is necessary to make specific housing available to an individual with a disability;

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

4. The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.

B. Other requirements.

1. An approved request for reasonable accommodation is subject to the applicant’s compliance with all other applicable zoning regulations.

2. A modification approved under this division is considered a personal accommodation for the individual applicant and does not run with the land.

3. Where appropriate, the reviewing body may condition its approval on any or all of the following:

a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

• b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

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• e. Measures to reduce the impact on surrounding uses;

• f. Measures in consideration of the physical attributes of the property and structures;

g. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone district; and

• h. Other conditions necessary to protect the public health, safety and welfare.

A decision under this Division may be appealed to the Planning Commission or City Council in accordance with division 17.78, Appeals.

Individual with a disability means a person who has a medical, physical or mental condition that limits a major life activity (as those terms are defined in California Government Code section 12926), anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes an authorized representative of a disabled person. The term individual with a disability does not include a person who is currently using illegal substances, unless he or she has a separate disability. (42 U.S.C. § 3602(h).)

Reasonable accommodation means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; landscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation that would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city’s land use and zoning program. (Govt. Code § 12927(c)(1), (l) and § 12955(l); 42 U.S.C. § 3604(f)(3)(B); 28 C.F.R. § 35.150 (a)(3).)

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