Chapter VI — Reasonable Accommodation For The Disabled

Contents:

D4-66 – Purpose

D4-67 – Process and Applicability D4-68 through D4-71 – Reserved

D4-66 – Purpose

The purpose of this Section is to provide a procedure to request 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 (hereafter “fair housing laws”) in the application of zoning laws and other land use regulations, policies, and procedures.

D4-67 – Process and Applicability

• A. Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter when the application of a zoning or other land use regulation, policy or practice under this title acts as a barrier to fair housing opportunities. A request for reasonable accommodation shall be made by filing an application as described in Subsection C.

A reasonable accommodation request may include 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 an individual with a disability equal opportunity for housing of their choice.

• B. Permitting authority . Subject to the provisions of Division D6 (Planning Permit Procedures), of the Zoning Ordinance, the Zoning Administrator is authorized to approve, approve with conditions, or deny applications for reasonable accommodations. An application for reasonable accommodation submitted for concurrent review with another entitlement under this title shall be reviewed by the authority reviewing the other entitlement.

• C. Application requirement. An application for reasonable accommodation shall be submitted to the Planning Services Division. The application shall be accompanied by the information identified in the Department handout for reasonable accommodation applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E (Required findings), below.

• D. Review procedure. The Zoning Administrator, or his designee, shall, within 20 days of acceptance of the application as complete, approve, approve with conditions, or deny an application for reasonable accommodate in accordance with Subsection E (Required Findings),below. If the application for reasonable accommodation is submitted for concurrent review with another entitlement under this title, the decision shall be made by the authority taking action on the other entitlement under this title in accordance with Subsection E (Required Findings), below.

• E. Required findings. The Zoning Administrator may approve a reasonable accommodation application, with or without conditions, only after first finding that:

  1. The housing will be used by a disabled individual(s) under fair housing law;

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2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under fair housing law;

   3. The requested reasonable accommodation will 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. No detrimental impact would result aesthetically;

   6. No detrimental impacts to surrounding uses, properties, and/or structures; and

   7. No practical alternative exists which may provide an equivalent level of benefit.

• F. Conditions of approval. 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 in Subsection E, above.

• G. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7 (Zoning Ordinance Administration), shall apply following the decision on an application for reasonable accommodation.

D4-68 through D4-71 – Reserved