Chapter 14.09.330
Reasonable Accommodation


14.09.330.010    Purpose.

14.09.330.020    Applicability.

14.09.330.030    Decision Maker.

14.09.330.040    Procedures.

14.09.330.050    Reasonable Accommodation Findings.

14.09.330.060    Conditions of Approval.

14.09.330.010 Purpose.

This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.330.020 Applicability.

A. A request may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure 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 this type of impairment, or anyone who has a record of this type of impairment, or as may be defined in applicable law.

B. A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, 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.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.330.030 Decision Maker.

The Director of Community Development shall act as the review authority for reasonable accommodation applications based on consideration of the requirements of this chapter, unless it is associated with another discretionary application that would be considered by the Planning Commission and/or City Council, then all of the requests shall be reviewed by the applicable decision maker.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.330.040 Procedures.

A. Application. An application for a reasonable accommodation shall be prepared, filed, and processed in compliance with Section, Application Forms and Fees. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the decision maker for the discretionary land use application. In addition to any other information required under the Vacaville Municipal Code, an applicant submitting a request for reasonable accommodation must provide the following information:

1. Description of the accommodation request;

2. Name and address of the property owner and the owner’s written consent to the application;

3. Verifiable documentation of the individual’s disability status;

4. The regulation(s), policy, or procedure for which accommodation is requested;

5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

6. Additional information necessary for City staff to facilitate proper consideration of the request, consistent with fair housing laws.

B. Public Noticing and Public Hearing Not Required. No noticing or public hearing are required for a reasonable accommodation request.

C. Decision. The Director of Community Development shall make a written determination within 45 calendar days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with Section 14.09.330.050, Reasonable Accommodation Findings.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.330.050 Reasonable Accommodation Findings.

The decision maker may approve, approve with conditions, or deny the request based on the following findings:

A. The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

B. The reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

C. The reasonable accommodation would not impose an undue financial or administrative burden on the City; and

D. The reasonable accommodation would not require a fundamental alteration of the City’s land use and zoning.

(Ord. 1984, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)

14.09.330.060 Conditions of Approval.

In granting a request for reasonable accommodation, the Director of Community Development may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property.

(Ord. 1972, Repealed and Replaced, 02/22/2022)