Chapter 17.88 — REASONABLE ACCOMMODATION

The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Reasonable Accommodation. (Prior code § 26.6.1)

A request for Reasonable Accommodation may be made by any person with a disability, or their representative, when the application of a zoning, land use or building regulation, policy or practice acts as a barrier to equal housing opportunities. If a Reasonable Accommodation request is approved, the request shall be granted to an individual and shall not run with the land unless the Director determines that:

• A. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable codes; or

• B. The accommodation is to be used by another disabled person. (Prior code § 26.6.9-1)

A request for Reasonable Accommodation shall state the basis of the request, including, but not limited to, a modification or exception to the regulations, standards and practices for the development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of his or her choice. The Director may request additional information necessary for making a determination on the request for Reasonable Accommodation that complies with the fair housing law protections and the privacy rights of the disabled person to use the specified housing. (Prior code § 26.6.9-2)

The following findings must be analyzed, made, and adopted before any action is taken to approve or deny a request for Reasonable Accommodation:

• A. The housing that is subject to the request will be used by an individual with a disability, as defined under Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act;

• B. The request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability;

• C. The requested Reasonable Accommodation would not impose an undue financial or administrative burden on the City;

• D. The requested Reasonable Accommodation would not require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning; and

• E. There are no other alternative Reasonable Accommodations that may provide an equivalent level of benefit at a similar cost while providing greater consistency with the City's laws and regulations.

(Prior code § 26.6.9-3)

The authorized signature of the Director or the City Council if the request was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval of a Reasonable Accommodation request. (Prior code § 26.6.9-4)