Chapter 17.425 — REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACTS

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.

A request for reasonable accommodation may be made by any person with a disability, their representative or any other entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation 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 a person with a disability equal opportunity to housing of their choice. The Planning Director will grant a request for an accommodation whenever the accommodation is necessary and reasonable. (See SMC 17.425.050, Review procedure Director Review.)

Requests for reasonable accommodation shall be submitted on an application form as required by SMC 17.400.030. Requests for reasonable accommodation shall contain the following information:

A. The applicant’s name, address and telephone number.

• B. Address of the property for which the request is being made.

C. The current actual use of the property.

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

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

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

G. 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 but not limited to use permit, design review, General Plan amendment, zone change, annexation, etc.), then the applicant shall file the information required herein for concurrent review with the application for discretionary approval.

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A. Planning Director. Requests for reasonable accommodation shall be reviewed by the Planning Director, or his designee if no approval is sought other than the request for reasonable accommodation.

B. Other Review Authority. Requests 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.

A. The Planning Director, or his designee, shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with SMC 17.425.060 (Findings and decision).

B. Other Reviewing 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 accordance with this chapter.

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.

5. The accommodation is necessary. (See Procedure No. 1 in subsection B of this section.)

6. The accommodation is reasonable (See Procedure No. 2 in subsection C of this section.)

7. Potential impact on surrounding uses.

8. Physical attributes of the property and structures.

9. Alternative reasonable accommodations which may provide an equivalent level of benefit.

B. Procedure No. 1 - Guidelines for Determining Necessity. It is not possible to anticipate every potential accessibility improvement in order to revise the zoning standards to allow for accessibility improvements as a matter of right; therefore, modifications to any zoning standard shall be considered, per this guideline, when necessary to make an existing residential unit accessible.

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1. The accommodation is necessary if, without the accommodation, the person with a disability would not have an equal opportunity to live in the dwelling of his or her choice.

2. A person would not have an equal opportunity to live in a dwelling if, without the accommodation:

  - a. The person would be excluded from a neighborhood; or 

  - b. The person would have less of an opportunity to live in the neighborhood or the particular dwelling than persons who do not have disabilities. 

  - c. Example: If a person would not be able to live in a single-family dwelling without the accommodation, then the accommodation is necessary. Such an accommodation could include the necessity to remodel a restroom for wheelchair access, with the only design option to bump the room out into a required setback, or the need to install a wheelchair ramp in a required setback for access to a residence. A nonconforming addition to a residence which is otherwise accessible and may be reasonably occupied by a disabled person is an example of what would not be considered necessary under this guideline. 

• C. Procedure No. 2 - Guidelines for Determining Reasonableness.

  1. An accommodation is reasonable if it:

     • a. Does not create an undue financial or administrative burden for the City; and

     • b. Will not fundamentally alter the zoning scheme of the City.

  2. Undue Burden Analysis.

• a. To determine whether the accommodation will create an undue financial or administrative burden, I the reviewing authority shall consider whether it will cause significant and identifiable financial costs to the City.

  - b. A waiver or modification of zoning requirements generally is not an undue burden if it does not impose any concrete, identifiable financial costs on the City. 
  
  - c. The undue burden analysis should not be based on anecdotal evidence or generalizations. For example, the belief that residences for persons with disabilities need more emergency services than other residences is not a valid reason to conclude that an accommodation would cause an undue burden.
  

D. 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 this chapter.

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Refer to Table 17.400-1 for identification of the decision-making authority for approvals and appeals and to Table 17.400-2 for public notice, public comment, and public hearing requirements.

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