Chapter 20.525 — REASONABLE ACCOMMODATION

This Chapter provides a procedure for persons with disabilities to request reasonable accommodation in the application of zoning laws and other land use regulations, policies, and procedures. The intent is to ensure equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) (referred to as the "Acts"). (Ord. 1017, 2013)

• A. Eligible applicants.

  1. A request for Reasonable Accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law (i.e., development standard) or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

  2. 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.

  3. This Chapter is intended to apply to those persons who are defined as disabled or handicapped under the Acts.

  4. The Fair Housing Act affords no protections to individuals with or without disabilities who present a direct threat to the persons or property of others. Determining whether someone poses such a direct threat must be made on an individualized basis, however, and cannot be based on general assumptions or speculation about the nature of a disability.

• B. Eligible request.

  1. A request for Reasonable Accommodation may include a modification 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.

  2. A request for Reasonable Accommodation shall comply with Section 20.525.030 (Application Requirements), below.

• C. Other regulations. A reasonable accommodation shall not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

• (Ord. 1017, 2013)

• A. Application filing. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 20.500 (Application Processing Procedures).

• B. Required data. The application shall include the information and materials specified in the Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Planning Fee Schedule.

• C. Filing with other land use applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Conditional Use Permit, Site Plan and Design Review, etc.), the applicant shall file the information required by Subsection A (Application filing), above, together with the materials required for the other discretionary approval. If the request requires a discretionary approval, then the request shall be considered by the appropriate review authority identified in Table 5-2 (Review Authority).

• D. Responsibility of the applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.525.060 (Findings and Decision), below.

• (Ord. 1017, 2013)

• A. Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

• B. Other review authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application (e.g., Conditional Use Permit) shall be reviewed (and approved or denied) by the authority reviewing the discretionary land use application.

• (Ord. 1017, 2013)

• A. Director's review. The Director shall make a written decision within 45 days following the submittal of a complete application and either approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 20.525.060 (Findings and Decision), below.

• B. Other review authority.

  1. The written decision on whether to approve or deny the request for Reasonable Accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

  2. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 20.525.060 (Findings and Decision), below.

• C. Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for a reasonable accommodation is made, the 45-day period to issue a decision is stayed until the applicant responds to the request.

• (Ord. 1017, 2013)

• A. Findings. The written decision to approve or deny a request for Reasonable Accommodation that will be consistent with the Acts shall be based on consideration of all of the following factors:

  1. Whether the housing, which is the subject of the request, will be used by an individual defined as 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 but not limited to land use and zoning;

  5. Whether there are alternatives to the requested waiver or exception that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

  6. Physical attributes of the property and structures; and

  7. Other Reasonable Accommodations that may provide an equivalent level of benefit.

• B. Conditions of approval. In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Subsection A (Findings), above.

• (Ord. 1017, 2013)

• A. Rescission.

  1. An approval or conditional approval of an application made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.), unless allowed to remain in compliance with Subsection B (Discontinuance), below.

  2. If rescinded or is subject to automatic expiration, the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject property in compliance with Subparagraph B.2, below.

• B. Discontinuance.

  1. A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days.

  2. If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the review authority first determines that:

     • a. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Code; or

     • b. The accommodation is to be used by another qualifying individual with a disability.

  3. The review authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities.

  4. Failure to provide the documentation within 30 days of the date of a request by the review authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.

5. Discontinuance shall require that the improvement made in compliance with the originally approved Reasonable Accommodation shall be removed from the subject property.

(Ord. 1017, 2013)

The procedures and requirements in Chapter 20.565 (Permit Implementation, Time Limits, and Extensions), and those related to Chapter 20.615 (Appeals) and Chapter 20.630 (Modifications and/or Revocations) shall apply following the decision on a Reasonable Accommodation application. (Ord. 1017, 2013)