Chapter 19.65 — REASONABLE ACCOMMODATION PROCEDURES

The purpose of this chapter is to provide reasonable accommodations for the needs of persons with disabilities seeking equal access to housing, while at the same time ensuring necessary safeguards to protect the integrity of residential neighborhoods. This chapter establishes a procedure to request reasonable accommodation in the application of the city's land use and zoning regulations and procedures. This chapter shall be construed to assure compliance with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes.

(Ord. 2966-11 § 15)

"Acts" mean the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes.

"Person with disability" means an individual who has a medical condition, physical or mental impairment that substantially limits one or more of the individual's major life activities, as defined in the Acts.

"Reasonable accommodation" means a modification or exception to the regulations and procedures contained in this title for the siting, development and use of housing or housingrelated facilities, that would eliminate regulatory barriers and provide a person with a disability equal opportunity for the use and enjoyment of housing of their choice, and does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city's planning and zoning policies. (Ord. 2966-11 § 15)

The provisions of this chapter shall apply when any person requests reasonable accommodation, based on the disability of residents, in the application of land use or zoning regulations and procedures which may be acting as a barrier to fair housing opportunities. The provisions for reasonable accommodation are solely for residential uses. (Ord. 2966-11 § 15)

• (a) Application Required. Any person seeking reasonable accommodation for a project not requiring some other discretionary approval shall file a miscellaneous plan permit application. Unless specifically stated in this chapter, the reasonable accommodation request shall follow the same procedures for a miscellaneous plan permit application, as provided in Chapter 19.82, Miscellaneous Plan Permit and Chapter 19.98, General Procedures.

• (b) Review with Other Discretionary Approvals. If the project requires some other discretionary approval, review of a reasonable accommodation request shall be conducted as part of the review of that discretionary approval. For example, if the request is related to a single-family home addition that requires design review by the planning commission, the

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City of Sunnyvale, CA § 19.65.040

SUNNYVALE CODE

§ 19.65.060

request for reasonable accommodation shall be included with the submittal for that design review application.

• (c) Fees. There shall be no fee for a miscellaneous plan permit application for reasonable accommodation, including appeals. This section does not exempt applicants from paying the required fee for related applications.

• (Ord. 2966-11 § 15)

The decision to grant or deny the reasonable accommodation request shall be based on the required findings in Section 19.65.060, Findings. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this chapter. This may include the removal of any removable structures or physical design features once they are no longer necessary to afford a person with a disability use and enjoyment of the dwelling.

(Ord. 2966-11 § 15)

The decision to grant or deny an application for reasonable accommodation shall be based on a finding of consistency with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, or successor statutes, and shall take into consideration all of the following factors:

• (a) Whether the housing or housing-related request will be used by a person with a disability protected under the Acts;

• (b) Whether the request for reasonable accommodation is necessary to make specific housing available to a person with a disability protected 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 or effect of the city's land use and zoning ordinances, programs or policies;

• (e) Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures; and

• (f) Whether alternative reasonable accommodations could provide an equivalent level of benefit.

• (Ord. 2966-11 § 15)

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City of Sunnyvale, CA