Chapter 25.76 — REASONABLE ACCOMMODATIONS

• A. Purpose. The purpose of this chapter is to provide a formal 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 Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests.

• B. Applicability. In order to make specific housing available to an individual with a disability, any person may request 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 his or her choice. Typical improvements which may be considered for reasonable accommodation provisions include ramps, walls, handrails, elevators or lifts, or other similar physical improvements necessary to accommodate a person's disability. The reasonable accommodation would allow exceptions to setback, lot coverage and floor area provisions of this title that are deemed necessary to accommodate these improvements.

• C. Definition. 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 applies only to those persons who are defined as disabled under the Acts.

• D. Limitations. This chapter shall be interpreted and applied in accordance with the Acts, and nothing in this chapter shall be deemed to create greater rights than exist under the Acts.

• (Ord. 2000 § 2, (2021))

• A. Application Requirements. In addition to the application filing requirements set forth in Chapter 25.62 (Application Processing Procedures), an applicant for a reasonable accommodation shall provide the following information, as well as any information stated on the application form.

  1. The current use of the property.

  2. The basis for the claim that the individual is considered disabled under the Acts, including supporting medical documentation from a qualified medical expert in support of the request for accommodation.

  3. The Zoning Code provision or other City regulation or policy from which the reasonable accommodation is being requested.

  4. An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual.

• B. Review.

  1. The Director shall have the authority to consider and take action on requests for reasonable accommodation. The application shall be reviewed ministerially without

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City of Burlingame, CA

ZONING

§ 25.76.020

§ 25.76.030

discretionary review or public hearing. If the application is granted because the requirements are met and the findings made, the applicant may proceed with a building permit. If the application is denied due to a lack of evidence with regard to claims made and the inability to make all of the findings set forth in Section 25.76.030 (Findings and Decision) below, the applicant shall have the right to appeal that decision to the Planning Commission pursuant to the provisions of this title.

2. If the application is submitted concurrent with an application requiring discretionary review, the procedures for the discretionary review shall be followed.

(Ord. 2000 § 2, (2021))

• A. Findings. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this section. In making a determination regarding the reasonableness of a requested accommodation, the following findings shall be made:

  1. The housing that is subject to the request for reasonable accommodation will be used for an individual with a disability under the Acts.

  2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

  3. The requested reasonable accommodation does not impose an undue financial or administrative burden on the community and does not require a fundamental alteration to the City's zoning requirements, development standards, policies, or procedures.

  4. The requested reasonable accommodation would not adversely impact surrounding properties or uses.

  5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the City's applicable rules, standards, and practices.

• B. Decision. The Director shall issue a written determination of the action and may grant or deny the accommodation request based on the request meeting the findings outlined in this chapter.

• (Ord. 2000 § 2, (2021))

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City of Burlingame, CA