Chapter 10.90

REASONABLE ACCOMMODATION

SECTION:

This Chapter provides a procedure in which individuals with disabilities can request reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. It is the intent of this Chapter to comply with the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this Chapter as the Acts). A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks, drive aisle dimensions, landscaping) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of people with disabilities. (Ord. 2024-001, 9-10-2024)

A. General. Reasonable accommodations provide individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices, and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

B. Eligible Applicants. Eligible applicants include:

1. An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

2. The protections afforded people with disabilities under Federal and state fair housing laws extend to those who are associated with them, including providers and developers of housing for people with disabilities.

C. Eligible Requests. A request for reasonable accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities. (Ord. 2024-001, 9- 10-2024)

A. Application. An application for Reasonable Accommodation shall be filed and processed in compliance with this Section. The application shall include the information and materials specified in the most up-to-date application form, together with the required fee in compliance with the City of Reedley Master Fee Schedule.

B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (i.e., Conditional Use Permit), the applicant shall file the request through the operational statement of the principal discretionary application.

C. Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.90.030 (Findings and Decision), of this Chapter.

D. Review Authority. On applications not requiring Planning Commission and/or City Council review and approval, the Community Development Director shall be the review authority and shall be responsible for accepting, reviewing, and acting on Reasonable Accommodation requests.

E. Application and Review Procedures. Upon receipt of a Reasonable Accommodation request, the Community Development Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for accommodation. See Section 10.90.030 (Findings and Decision). (Ord. 2024-001, 9-10-2024)

The written decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall consider the following factors:

A. Whether the land use, which is the subject of the reasonable accommodation request, will be used by an eligible individual protected under the Acts;

B. Whether the request for Reasonable Accommodation is necessary to make specific land uses available 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; and

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. For this purpose of this Chapter, "fundamental alteration" is defined as:

1. A substantial change in the primary purpose or benefit of a program or activity;

2. An impairment of necessary or practical components required to achieve a program or activity's primary purpose or benefit; or

3. An alteration so far reaching that it would undermine the basic purpose of maintaining the character of the neighborhood. (Ord. 2024-001, 9-10-2024)

In approving a request for Reasonable Accommodation, the Community Development Director shall impose conditions of approval deemed reasonable and necessary to ensure the Reasonable Accommodation will comply with Section 10.90.030 (Findings and Decision) of this Chapter. (Ord. 2024-001, 9-10-2024)

CHAPTER 10.92

SETBACK EXCHANGE

SECTION: