Chapter 23.128 — Reasonable Accommodation

This chapter provides 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 (collectively, the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. 27-2008 § 1 (Exh. A § 1.10.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

• 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 zoning code or other city requirement, 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.

• 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 chapter without the need for the approval of a variance. (Ord. 27-2008 § 1 (Exh. A § 1.10.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

An application for a reasonable accommodation permit shall be filed in accordance with RCMC § 23.110.040 (Application requirements).

(Ord. 27-2008 § 1 (Exh. A § 1.10.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

A reasonable accommodation permit is a limited discretionary decision by the director as designated in RCMC § 23.104.030 (Recommending and approval authority).

(Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

No public hearing is required for review and processing of a reasonable accommodation permit. Any information submitted as part of a reasonable accommodation request shall be stored in a manner to respect privacy of the applicant and shall not be available for public inspection.

(Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

A written determination granting, granting with modifications, or denying the reasonable accommodation request shall be provided to the applicant within 45 days of the application being deemed complete. (Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

The written decision to grant, grant with modifications, 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 a qualified individual with a disability under the Acts;

• B. Whether the request for reasonable accommodation is necessary to make specific housing accessible to an individual with a disability 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;

• E. Potential impact on surrounding uses, including damage to other properties;

• F. Physical attributes of the property and structures;

• G. Whether the requested reasonable accommodation would create a direct threat to the safety of others; and

H. Other reasonable accommodations that may provide an equivalent level of benefit. (Formerly 23.128.040; Ord. 27-2008 § 1 (Exh. A § 1.10.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

In granting a request for reasonable accommodation, the approval 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. (Formerly 23.128.050; Ord. 27-2008 § 1 (Exh. A § 1.10.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

Appeal of a reasonable accommodation permit may be filed with the planning department, and subject to review by the city manager for a decision.

(Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

Reasonable accommodation permits shall expire three years from the date of approval, unless:

• A. Substantial construction of the permitted use has commenced and is diligently pursued to completion; clear documentation is provided to establish that the permit holder has made a good faith effort to commence work upon the use; the permitted use has clearly been established; actual occupancy of an existing building or land occurs under the terms of the permitted use; or

• B. An extension is approved in accordance with RCMC § 23.110.070 (Extension of land use entitlement).

• (Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))

An applicant may request an amendment to a reasonable accommodation permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC § 23.110.180 (Amendments). (Ord. 4-2017 § 3 (Exh. B); Ord. 1-2022 § 3 (Exh. A))