Article 4 — Reasonable Accommodation

The purpose of this article is to provide a procedure for individuals with disabilities to request reasonable accommodations in seeking equal access to housing under the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, practices, and procedures. This provision also establishes the criteria to be used when considering requests for reasonable accommodations.

(Ord. 2025-13 § 1 (part), 2025)

A. A request for reasonable accommodation may be made by any individual with a disability, his/her/their representative, or a developer or provider of housing for individuals with disabilities, when a requirement of this zoning code or other city requirement, regulation, policy, or practice acts as a barrier to fair housing opportunities. This article is intended to apply to individuals with disabilities as "disability" is defined under the Acts.

B. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures for the siting, development, use of housing or housing-related facilities, and any other land use requirements that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his/her/their choice.

C. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

D. A reasonable accommodation shall be a ministerial grant in compliance with this article without the need for the approval of a variance, conditional use permit, special use permit or other exception process. (Ord. 2025-13 § 1 (part), 2025)

A. A request for reasonable accommodation shall be submitted on an application form provided by the planning and community preservation department or in the form of a letter to the director of the planning and community preservation department. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. The request for reasonable accommodation 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 use of the property;

4. The basis for the claim that the individual is considered disabled under the Acts or that the housing which is the subject of the request will be used by an individual with a disability (protected health information including a specific diagnosis is not required to verify disability status);

5. The zoning code or land use provision, regulation, policy or procedure for which reasonable accommodation is being requested; and

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

B. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by Subsection A. of this section for concurrent review with the application for discretionary approval.

C. A request for reasonable accommodation shall be reviewed by the director of the planning and community preservation department or their designee, if no approval is sought other than the request for reasonable accommodation. The director of the planning and community preservation department or their designee shall make a written determination within thirty (30) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

D. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the planning commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commission in compliance with the applicable review procedure for the discretionary review. (Ord. 2025-13 § 1 (part), 2025)

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 findings:

• A. Whether the individual requesting the accommodation has a disability as defined under the Act or the housing which is the subject of the request will be used by an individual with a disability;

• B. Whether the requested accommodation is necessary for the individual to have equal opportunity to use and enjoyment of the housing and housing-related services;

• C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City of Visalia; and

D. 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. (Ord. 2025-13 § 1 (part), 2025)

Prior to denying a request for reasonable accommodation, the director shall offer to meet with the applicant to discuss whether there is an alternative accommodation that would meet the applicable findings. If a request for reasonable accommodation is heard by the planning commission instead of the director and the request is denied, then the director shall offer to meet with the applicant to discuss whether there is an alternative that could meet the applicable findings. After this meeting an applicant may decide to submit a revised request for reasonable accommodation. (Ord. 2025-13 § 1 (part), 2025)

• A. Requests for reasonable accommodation shall be reviewed by the "reviewing authority," as stated in Section 17.02.270, using the criteria set forth in Section 17.02.310.

B. When the reviewing authority is the director, then the reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in

Section 17.02.310. When the reviewing authority is the planning commission, then the written decision on a request for reasonable accommodation shall be issued following completion of the hearing for the discretionary land use application. C. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that

is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is staved until the applicant responds to the request.

(Ord. 2025-13 § 1 (part), 2025)

A. Only an aggrieved applicant and abutting property owners who receive notice of the reasonable accommodation determination have a right to appeal the decision. An appeal to the planning commission must be filed within ten (10) calendar days after notification of the decision. An appeal shall be made in the same manner, and subject to the same fee as appeals under Section 17.28.050 for appeals to planning commission of decisions by the director, and in the same manner as appeals to city council under Section 17.02.145, of decisions by the planning commission. The appeal shall be in writing and shall specify the reasons for the appeal and the grounds asserted for relief. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review the action against which the complaint is made shall be deemed to have been waived.

B. The planning commission or city council shall review de nova the entire proceeding or proceedings relating to the decision and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

C. At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant.

(Ord. 2025-13 § 1 (part), 2025)