Suisun City Municipal Code Ch. 18.46 Reasonable Accommodation

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the American with Disabilities Act, Federal Fair Housing Act, and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, procedures, or conditions of approval.

(Ord. No. 743, § 3, 3-21-2017)

A. A request for reasonable accommodation may be made by any person with disability, their representative or any entity, if the application of a requirement of this title or other city requirement, policy or practice acts as a barrier to fair housing opportunities. This chapter applies to those persons who have "disabilities" as defined under the Acts, which definitions are controlling for the purposes of this chapter. Generally, 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.

B. 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. A request for reasonable accommodation shall comply with Section 18.46.030.

C. A reasonable accommodation will terminate if the accommodation is no longer required, or if the recipient of the accommodation ceases to reside at the property.

D. A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance otherwise required by this title.

(Ord. No. 743, § 3, 3-21-2017)

A. A request for reasonable accommodation shall be submitted on an application form provided by the development services department or in the form of a letter to the director of development services, and shall contain the following information:

1. The applicant and property owner(s), if different, 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 an individual who resides at the property has a disability protected by the Acts;

5. The zoning ordinance provision, regulation or policy from which reasonable accommodation is being requested;

6. Why the requested accommodation is necessary to make the specific property accessible to the individual(s) with disabilities; and

7. Photos, site plans, drawings, and/or other graphics as may be required to clearly describe the proposed modifications to the property.

B. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval, then the applicant shall tile the information required by subsection (A) together for concurrent review with the application for discretionary approval.

C. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other application regulations not at issue in the requested accommodation.

(Ord. No. 743, § 3, 3-21-2017)

A. Requests for reasonable accommodation shall be reviewed by the director of development services, or designee, if no approval is sought other than the request for reasonable accommodation.

B. 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 in accordance with Sections 18.59.050 and 18.59.060.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

A. The director of development services shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation in compliance with Section 18.46.060.

B. If the request for reasonable accommodation is submitted for concurrent review with a discretionary land use application, 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. The written determination to grant or deny the request for reasonable accommodation shall be made in compliance with Section 18.46.060.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

A. 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 with disabilities protected under the Acts;

2. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the Acts;

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

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

B. 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. No. 743, § 3, 3-21-2017; Ord. No. 809, § 1, 8-20-2024)

A determination to grant or deny a request for reasonable accommodation may be appealed to the planning commission, in compliance with Chapter 18.84.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)