Chapter 18.118 — Reasonable Accommodation

Sections

• 18.118.010 – Purpose 18.118.020 – Applicability 18.118.030 – Application Filing, Processing, and Review 18.118.040 – Review Authority

• 18.118.050 – Review Procedures 18.118.060 – Findings and Decision 18.118.070 – Rescission of Approval of Reasonable Accommodation 18.118.100 – Post-Decision Procedures

• A. Provides Procedures.

  1. This Chapter provides a procedure to request Reasonable Accommodation for individuals with disabilities seeking equal access to housing pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities under State and Federal law, in the application of zoning laws and other land use regulations, policies, and procedures.

  2. It is a further purpose of this Chapter to provide a procedure for individuals with disabilities to make requests for, and be provided, reasonable accommodation with respect to development standards, building regulations, rules, policies, practices, and/or procedures of the City, including land use and zoning regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

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• (a) Impose an undue financial or administrative burden on the City; or

• (b) Require a fundamental alteration in the nature of the City’s land use policies or zoning regulations.

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• A. Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application). The applicant shall sign the application under penalty of perjury, attesting to the accuracy of the application and all of the accompanying materials.

• B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Architectural Review, Conditional

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Use Permit, etc.), the applicant shall file the information required by Subsection A. (Application), above, together with the materials required for the other discretionary approval.

• A. Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

• B. Other Review Authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the Review Authority reviewing the discretionary land use application.

• C. Available Actions. The applicable Review Authority shall take one of the following actions regarding a request for Reasonable Accommodation:

  1. Grant the Reasonable Accommodation request, based upon the findings specified in Section 18.118.060 (Findings and Decision), below;

  2. Grant the Reasonable Accommodation request, subject to specified conditions;

  3. Deny the Reasonable Accommodation request; or

  4. Refer the determination of the Reasonable Accommodation request to the Planning Commission who shall render a determination on the application.

• A. Review Authority.

  1. For applications only for a request for Reasonable Accommodation, the Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 18.118.060 (Findings and Decision), below.

  2. For applications for other permits accompanying a request for Reasonable Accommodation, the written decision on whether to approve, conditionally approve, approve with modifications, or deny the request for Reasonable Accommodation shall be made by the Review Authority responsible for reviewing the other discretionary land use permit application(s) in compliance with the applicable review procedure for the discretionary review. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 18.118.060 (Findings and Decision), below.

• B. Notice of City’s Intent. Upon submittal of a completed application for Reasonable Accommodation and subsequent to an application being deemed complete, the Department shall prepare a notice of City’s intent to approve, deny, or refer the Reasonable Accommodation request in compliance with this Chapter. The notice of City’s intent shall be prepared and disseminated as follows:

  1. Content of Notice. The notice of City’s intent shall provide a detailed description of the subject property, the Reasonable Accommodation request, and the findings in compliance with Section 18.118.060 (Findings and Decision), below. Additionally, the notice of City’s intent shall include information on the public comment period for the request.

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2. Mailing of Notice. The notice of City’s intent shall be mailed to the applicant and the property owner of record of the property that is the subject of the Reasonable Accommodation request, and all neighboring properties abutting the subject property within 30 days from the submittal of a completed application for Reasonable Accommodation.

• C. Applicability. A Reasonable Accommodation request that is granted in compliance with this Chapter shall not, in and of itself, require the approval of a Variance. The Reasonable Accommodation shall be subject to the following provisions:

  1. The Reasonable Accommodation shall only be applicable to a residential structure occupied by one or more individuals with a disability.

  2. The Reasonable Accommodation shall only be applicable to the specific use for which an application is made.

  3. The Reasonable Accommodation is subject to any and all Building Code permit and inspection requirements of the City and all other applicable zoning regulations and procedures.

  4. The applicable Review Authority may impose additional conditions on the approval of a Reasonable Accommodation request that are consistent with the purposes of this Chapter.

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• with

• disabilities protected under fair housing laws;

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• with disabilities protected under the fair housing laws;

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Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted, the request shall be deemed granted.

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