Encinitas City Zoning Code
CHAPTER 30
86 REASONABLE ACCOMMODATION
§ 30.86.010 Purpose.
The purpose of reasonable accommodations is to provide provisions in accordance with federal and state fair housing laws (42 USCS Section 3600 et seq. and Government Code Section 12900 et seq.), together referred to as "Fair Housing Laws" for persons with disabilities seeking fair access to housing in the application of the City's zoning laws. The term "disability" as used in this article shall have the same meaning as the terms "disability" and "handicapped" as defined in the Fair Housing Laws, as may be amended from time to time. The purpose of this article is to establish the procedure by which a person may request reasonable accommodation, how the request is to be processed, and findings to be made that ensure a requested accommodation, if granted, is necessary and reasonable.
(Ord. 2019-15)
§ 30.86.020 Applicability.
A.
A request for reasonable accommodation may be made by any individual with a disability, his or her 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 housing opportunities.
B.
A request for reasonable accommodation may include a modification or exception to the rules, standards, development and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice.
C.
A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not at issue in the requested accommodation.
D.
Requests for reasonable accommodation shall be made in the manner prescribed by Section 30.86.030.
E.
If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes; or (2) the accommodation is to be used by another individual with a disability.
F.
Nothing in this chapter shall require the city to waive or reduce development or building fees associated with the granting of a reasonable accommodation request.
(Ord. 2019-15)
§ 30.86.030 Request for reasonable accommodation.
A.
Application for a request for reasonable accommodation shall be made in writing on a form provided by the Development Services Department. The form shall be signed by the property owner or authorized agent. The application shall state the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the Development Services Director, or designee. The application shall include the zoning, land use and/or building code provision, regulation, policy or practice from which modification or exception for reasonable accommodation is being requested including an explanation of how application of the existing zoning, land use or building code provision, regulation, policy or practice would preclude the provision of reasonable accommodation, along with documentation that demonstrates the reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
B.
Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
(Ord. 2019-15)
§ 30.86.040 Review authority and procedure.
A.
Within 60 days of receipt of a completed application, the Development Services Director, or designee, shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. The request shall be processed independently of any other required development permits. However, approval of a reasonable accommodation may be conditioned upon approval of other related permits.
B.
The filing of an application for request for reasonable accommodation shall not require public notice.
C.
If necessary to reach a determination on the request for reasonable accommodation, the Development Services Director, or designee, may request:
1.
Further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required.
2.
Information from other city departments and divisions or other agencies.
3.
Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.
(Ord. 2019-15)
§ 30.86.050 Findings.
A.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:
1.
The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual, or individuals, with a disability protected under Fair Housing Laws;
2.
The requested accommodation is necessary to make specific housing available and/or accessible to an individual with a disability protected under the Fair Housing Laws;
3.
The requested accommodation would not impose an undue financial or administrative burden on the City; and
4.
The requested accommodation would not require a fundamental alteration in the nature of the City's land use and zoning and building regulations, policies, practices, and procedures, and for housing in the coastal zone, the City's local coastal program.
B.
In granting a request for reasonable accommodation, the Development Services Director, or designee, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A, above.
C.
In accordance with Section 2.28.090, all decisions of the Director of Development Services are to be posted at City Hall and shall become final unless a timely appeal is filed to the City Council pursuant to Chapter 1.12.
(Ord. 2019-15; Ord. 2022-07)
§ 30.86.060 Appeals.
Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed in Chapters 1.12 and 2.28 of the Municipal Code provided that, notwithstanding any other provision to the contrary, the standard of review on appeal shall be de novo. The City Council, acting as the appellate body, may sustain, reverse or modify the decision of the Director or remand the matter for further consideration based on the findings required by Section 30.86.050A.
(Ord. 2019-15)
§ 30.86.070 Fees.
No application fee is required.
(Ord. 2019-15)
