Article 44

REASONABLE ACCOMMODATIONS*

Sections:

• 44.1 Permit Purpose. 44.2 Definitions. 44.3 Applicability. 44.4 Review Authority. 44.5 Findings. 44.6 Review, Decisions, Appeals and Permit Duration.

• A. The purpose of this Article is to establish a procedure for individuals with disabilities to seek minor deviations from this Zoning Ordinance to ensure equal access to housing.

• B. This Article establishes, and shall be construed to assure, compliance with the Acts (as defined in Section 56.2), the Redwood City General Plan, and other City initiatives to provide equal access to housing.

• (Ord. No. 1130-368, § 5, 1-9-17)

• A. "Acts" means the Federal Fair Housing Act and the California Fair Employment and Housing Act, or successor statutes.

• B. "Disabled Person" means an individual who has a medical condition, physical or mental impairment that substantially limits one (1) or more of the individual's major life activities, as defined in the Acts.

• C. "Reasonable Accommodation" means a modification or exception to the regulations and procedures contained in this title 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 for the use and enjoyment of housing of their choice, and does not impose undue financial or administrative burdens on the City or require a fundamental or substantial alteration of the City's planning and zoning policies.

• (Ord. No. 1130-368, § 5, 1-9-17)

*Editor’s note— Ord. No. 1130-368, § 5, adopted January 9, 2017, repealed art. 44, §§ 44.1—44.3; and enacted a new art. 44, to read as set out herein. Former art. 44, pertained to "Zoning Permits," and was derived from Ord. No. 1130, effective July 10, 1964; Ord. No. 1130.138, effective April 12, 1972; Ord. No. 1130.186, effective December 6, 1978 and Ord. No. 1130.193, effective October 17, 1979.

217

(Redwood City Zoning Supp. No. 28, 2-24

44.3

The provisions of this Article apply when any person requests Reasonable Accommodation, based on the disability of residents, in the application of land use or zoning regulations and procedures which may be acting as a barrier to fair housing opportunities. The provisions for Reasonable Accommodation are solely for residential uses. (Ord. No. 1130-368, § 5, 1-9-17)

Architectural Permits shall be decided by the Zoning Administrator without a public hearing, except as otherwise required in Section 41.4 (Review Authorities for All Permits). (Ord. No. 1130-368, § 5, 1-9-17)

To permit the reasonable accommodation, the following findings shall be made:

• A. That an individual residing on the property and requiring reasonable accommodation is protected under the Acts; and

• B. That accommodating the request would provide direct benefit to the individual by meeting specific housing needs; and

• C. That the request does not place an undue financial or administrative burden on the City; and

• D. That the request does not significantly alter the overarching purposes or intent of the City's zoning ordinance/land development regulations.

• (Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

Procedures for application review, decisions, appeals, permit duration and expiration and other requirements are located in Chapter 41 (Common Procedures). (Ord. No. 1130-368, § 5, 1-9-17)

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(Redwood City Zoning Supp. No. 28, 2-24