Chapter 17.95 — REASONABLE ACCOMMODATIONS

This chapter provides a procedure to request a 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 (together, the Acts) in the application of Zoning laws and other land use regulations, policies, and procedures. (Ord. 247, 1/15/2025)

• A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this Title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities for a person with a disability, as defined by the Acts. A person with a disability is a person who has a physical/mental impairment or medical condition that limits or substantially limits one or more major life activities, anyone who is regarded as having such disability, or anyone who has a record of such disability.

• 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.

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

• D. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

• (Ord. 247, 1/15/2025)

• A. Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department or in the form of a letter to the Community Development Director, and 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 actual use of the property;

  4. The basis for the claim that the individual is considered disabled under the acts;

  5. Title 17 provision, regulation or policy from which reasonable accommodation is being requested; and

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

• B. 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 conditional use permit, development review, etc.), then the applicant shall file the information required by Section 17.95.030(A) , Application, together for concurrent review with the application for discretionary approval.

• (Ord. 247, 1/15/2025)

• A. Community Development Director. Requests shall be reviewed by the Community Development Director.

• B. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Community Development Director. The other discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application and be provided with the findings made by the Community Development Director.

• (Ord. 247, 1/15/2025)

• A. Community Development Director Review. The Community Development Director 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.

• B. Other Review Authority. Written determination regarding a request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be made by the Community Development Director within 30 days of the application being deemed complete, who shall either grant, grant with modifications, or deny a request for reasonable accommodations.

• (Ord. 247, 1/15/2025)

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 factors:

• A. Whether the housing in the request will be used by an individual considered disabled under the acts;

• B. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts;

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

• 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. 247, 1/15/2025)

In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. 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. 247, 1/15/2025)