Santa Rosa Municipal Code Ch. 20-63 Requests for Reasonable Accommodation

This Chapter provides 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 (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. 3677 § 1, 2004)

A. A reasonable accommodation shall be granted, when all findings are met, to any person with a disability who needs the accommodation. Any successors in interest to the site can continue to utilize the reasonable accommodation unless conditions of approval indicate the removal of the reasonable accommodation.

B. A variance shall not be required to approve an application for a reasonable accommodation request.

(Ord. 3677 § 1, 2004; Ord. 2026-003, 3/24/2026)

A. Application. A request for reasonable accommodation shall be submitted in an application provided by the Department and a letter which shall contain the following information:

1. The applicant's name, address and telephone number;

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

3. The current actual use of the property;

4. The basis for the claim that the individual is considered disabled under the Acts;

5. The Zoning Code provision, regulation or policy from which reasonable accommodation is being requested; and

6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including Conditional Use Permit, Design Review, General Plan Amendment, Zone Change, Annexation, etc.), then the applicant shall file the information required by Subsection A together for concurrent review with the application for discretionary approval.

(Ord. 3677 § 1, 2004; Ord. 2026-003, 3/24/2026)

A. Zoning Administrator. A request for reasonable accommodation shall be reviewed by the Zoning Administrator 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 by the authority reviewing the discretionary land use application.

(Ord. 3677 § 1, 2004)

A. Zoning Administrator review. The Zoning Administrator shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in compliance with Section 20-63.060 (Findings and Decision).

B. Other review authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in compliance with Section 20-63.060 (Findings and Decision).

(Ord. 3677 § 1, 2004)

A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1. Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning; and

5. Other reasonable accommodations that may provide an equivalent level of benefit.

B. 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 by Subsection A. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. 3677 § 1, 2004; Ord. 2026-003, 3/24/2026)

A determination by the review authority to grant or deny a request for reasonable accommodation may be appealed to the Commission in compliance with Chapter 20-62 (Appeals).

(Ord. 3677 § 1, 2004)