Chapter 11.35
REASONABLE ACCOMMODATION
Sections:
11.35.020 Applicability and exemptions.
11.35.010 Purpose and intent.
The purpose of this chapter is to provide a procedure to request 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 (“the Acts”) in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.35.020 Applicability and exemptions.
A. Applicability. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any entity when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
A request for reasonable accommodation may include a modification or exception to the rules, standards, and/or practices for the siting, development, and/or use of housing or housing-related facilities that would eliminate or modify regulatory barriers to provide a person with a disability equal opportunity to housing of his/her choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 11.35.030, Applications.
B. Exemptions. The city’s reasonable accommodation process is administrative, and not subject to review under the California Environmental Quality Act (CEQA).
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.35.030 Applications.
A. Requests for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the 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 zoning code provision, regulation, or policy from which reasonable accommodation is being requested.
5. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B. A review with other land use applications shall be made. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant shall file the information required by subsection (A) of this section together for concurrent review with the application for discretionary approval.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.35.040 Approval.
A. Director. Requests for reasonable accommodation shall be reviewed by the director, or designee, if no approval is sought other than the request for reasonable accommodation. The director shall make a written determination within thirty days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with this chapter.
B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with this chapter.
C. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation complies with the findings required by this chapter.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.35.050 Findings.
A. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:
1. Whether the housing that is the subject of the request will be used by an individual who is disabled under the Acts.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including land use and zoning.
5. What the potential impact on surrounding uses would be.
6. What the physical attributes of the property and structures would be.
7. Consideration of alternative reasonable accommodations that may provide an equivalent level of benefit.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.35.060 Appeal.
Thresholds triggering the requirements of this chapter, for the applicable development types established by Section 11.35.020(A), Applicability, shall be subject to the appeal process as defined in Chapter 11.50, Administration.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)