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Title 19 — Development Code

§ 19.54

Twentynine Palms Zoning Code · 2026-06 edition · updated 2026-07-25 · Twentynine Palms

19.54.010 - Purpose

It is the policy of the City, 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. This Chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, and policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws.

19.54.020 - Applicability

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing or commercial services to individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

19.54.030 - Definitions

For the purpose of this Chapter, the following definitions shall apply:

A.

Individual with a disability. Someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

B.

Reasonable accommodation. In the land use and zoning context, reasonable accommodation means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or service opportunities.

19.54.040 - Application and Required Fees

A.

Application Filing and Processing. Applications for a reasonable accommodation shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

19.54.050 - Approving Authority

Reasonable accommodations shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a reasonable accommodation application.

19.54.060 - Public Hearing and Notice

No public hearing is required prior to taking action on a reasonable accommodation request.

19.54.070 - Findings for Approval

Written decisions to grant a request for reasonable accommodation shall be consistent with fair housing laws. Prior to approving a request for reasonable accommodation as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

That the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.

B.

That the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.

C.

That the requested accommodation would not impose an undue financial or administrative burden on the City.

D.

That the requested accommodation would not require a fundamental alteration in the nature of the City.

19.54.080 - Notice of Decision

Written notice of decision shall be provided within five business days of the date of decision to the applicant by certified mail and to any interested parties who have requested notices in writing. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within 30 days from receipt of a reasonable accommodation request, the request shall be deemed granted. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. The written decision of the reviewing authority shall be final unless appealed. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the request.

D.

The deadlines, criteria and fees for filing an appeal.

19.54.090 - Effective Date

Reasonable accommodations shall become effective on the day immediately following expiration of the 30day appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

19.54.100 - Appeals

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals), except that the period for filing an appeal of a reasonable accommodation is 30 days from the date of decision.

Chapter 19.55 - Sidewalk Vending Permit[[2]]

Footnotes:

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Editor's note— Ord. No. 316, § 4(Exh. A), adopted Feb. 27, 2024, repealed the former Ch. 19.55., §§ 19.55.010-19.55.090, and enacted a new Ch. 19.55 as set out herein. The former Ch. 19.55 pertained to similar subject matter and derived from Ord. No. 292, § 4(Exh. A), adopted March 10, 2020.

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▸ Contents — Twentynine Palms Zoning Code
Twentynine Palms Zoning Code
  1. ▸ Title 19 — Development Code
    Overview
    1. § 19.02
    2. § 19.020
    3. § 19.04
    4. § 19.06
    5. § 19.08
    6. § 19.10
    7. § 19.12
    8. § 19.14
    9. § 19.16
    10. § 19.18
    11. § 19.20
    12. § 19.22
    13. § 19.26
    14. § 19.28
    15. § 19.29
    16. § 19.30
    17. § 19.32
    18. § 19.34
    19. § 19.35
    20. § 19.36
    21. § 19.37
    22. § 19.38
    23. § 19.40
    24. § 19.41
    25. § 19.42
    26. § 19.43
    27. § 19.44
    28. § 19.46
    29. § 19.48
    30. § 19.50
    31. § 19.52
    32. § 19.54
    33. § 19.55
    34. § 19.56
    35. § 19.57
    36. § 19.58
    37. § 19.60
    38. § 19.62
    39. § 19.64
    40. § 19.66
    41. § 19.68
    42. § 19.69
    43. § 19.70
    44. § 19.72
    45. § 19.73
    46. § 19.74
    47. § 19.78
    48. Chapter 19.80 — Noise Control

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