Yorba Linda Municipal Code Art. 11 Reasonable Accommodation

It is the City of Yorba Linda's policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure an equal access to housing. The purpose of this article is to provide a procedure under which a person with a disability may request a reasonable accommodation in the application of zoning requirements. This article is based on requirements of the federal and state fair housing laws, and implements the housing element of the City of Yorba Linda's General Plan. It is distinct from the requirements for a variance set forth in California Government Code Section 65906 and Article 5 of Chapter 18.36 of this Code.

(Ord. 2026-1132, 8/18/2026)

A. Request. A person with a disability may request a reasonable accommodation in the application of the City of Yorba Linda's land use and zoning regulations. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the City's land use and zoning regulations.

B. Availability of Information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the City Hall, advising the public of the availability of the procedure for eligible applicants.

C. Balancing Rights and Requirements. The City of Yorba Linda will attempt to balance: (1) the privacy rights and reasonable request of an applicant for confidentiality; with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal, in the City's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation.

(Ord. 2026-1132, 8/18/2026)

A. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

B. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on forms provided by the Department.

C. Review with Other Land Use Applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval, then the applicant shall submit the reasonable accommodation application first for a determination by the Community Development Department, before proceeding with the other applications.

D. Fee. A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the City's fee schedule adopted by resolution.

E. Required Submittals. In addition to materials required under other applicable provisions of this Zoning Code, an application for reasonable accommodation shall include all of the following:

1. Documentation that the applicant is:

a. An individual with a disability;

b. Applying on behalf of one or more individuals with a disability; or

c. A developer or provider of housing for one or more individuals with a disability.

2. The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant.

3. Documentation that the specific exception or modification requested by the applicant is the minimum necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

4. Any other information that the Director reasonably concludes is necessary to determine whether the findings required by Section 18.36.1050 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

(Ord. 2026-1132, 8/18/2026)

A. The Director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the associated modification or revocation in compliance with Section 18.36.1050.

B. The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, call for review, and appeal procedures identified for any other discretionary permit, as provided in Article 8 of Chapter 18.36.

(Ord. 2026-1132, 8/18/2026)

The following factors shall be considered in determining whether to grant a requested accommodation:

A. Is the requested accommodation necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling? To determine whether the accommodation is necessary, the Director may consider, among other things: The nature of the disability including the special needs created by the disability, the physical attributes and setting of the property and structures, the potential benefit that can be accomplished by the requested accommodation, and alternative accommodations that may provide a comparable level of benefit.

B. Is the requested accommodation reasonable? A requested accommodation is not reasonable if it would impose an undue financial or administrative burden on the City. It is also not reasonable if it would fundamentally alter a City program, such as the City's zoning scheme.

1. In considering the financial or administrative burden on the City, the Director may consider, among other things, the extent to which the City would have to dedicate resources, such as staff time and funds, to grant the request and other requests like it.

2. In considering the potential alteration to a City program, such as the City's zoning scheme, the director may consider, among other things, whether granting the request would be consistent with the City's General Plan, with the purpose and nature of the particular zoning district, and with nearby uses. The director may also consider whether the requested accommodation would potentially have adverse external impacts on properties in the vicinity.

(Ord. 2026-1132, 8/18/2026)

The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the Director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

A. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.

B. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

C. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

D. The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan.

4. Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

5. Any other factors that would cause a fundamental alteration in the City's zoning program, as may be defined in the Fair Housing Law.

(Ord. 2026-1132, 8/18/2026)