This chapter establishes a procedure for requesting reasonable accommodation in land use, zoning and building regulations, to provide persons with disabilities equal access to housing consistent with the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.) and the California Fair Employment and Housing Act (Government Code Section 12955 et seq.). A reasonable accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Eligible Applicants. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of the zoning code or other land use or building regulation, policy, or practice acts as a barrier to fair housing opportunities.

B.

Definition. 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.

C.

Eligible Request. A request for reasonable accommodation may include a request for 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.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Community Development Director. The community development director shall take action on reasonable accommodation applications unless the application is filed for concurrent review with an application for discretionary review by the planning commission or city council.

B.

Other Review Authority. If a reasonable accommodation application is submitted concurrently with a permit application that will be reviewed by the planning commission or city council, the reasonable accommodation application shall be reviewed by the planning commission or city council.

C.

Referral to Planning Commission. The community development director may refer any reasonable accommodation application to the planning commission for review and final decision.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Notice of the availability of the reasonable accommodation process shall be publicly displayed at City Hall. Forms for requesting reasonable accommodation shall be available to the public at the development services department at City Hall.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Application. A request for reasonable accommodation shall be submitted on an application form provided by the development services department together with applicable fees required by the planning fee schedule. The application must include the following:

1.

The name and address of the individual(s) requesting reasonable accommodation;

2.

The name and address of the property owner(s);

3.

The address of the property for which the accommodation is requested;

4.

Description of the requested accommodation and the regulations, policy or procedures for which accommodation is sought; and

5.

Reason that the requested accommodation may be necessary to enable the individual(s) with the disability to use the dwelling.

B.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit, design permit), then the applicant shall file the reasonable accommodation application materials together for concurrent review with the application for discretionary approval.

C.

Application Timing. A request for reasonable accommodation may be filed at any time that the accommodation is necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligation to comply with other applicable regulations not at issue in the requested accommodation.

D.

Application Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible to the individual.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Director Review.

1.

The community development director shall make a written determination within forty-five days and either grant, grant with modifications, or deny a request for reasonable accommodation.

2.

If necessary to reach a determination on the request for reasonable accommodation, the community development director may request further information from the applicant consistent with fair housing laws. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant submits the requested information.

B.

Other Review Authority. The determination on whether to grant or deny the request for reasonable accommodation submitted concurrently with a discretionary permit application shall be made by the planning commission or city council in compliance with the review procedure for the discretionary review.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The community development director or the reviewing authority, as applicable, shall make a written determination and either approve, approve with modifications, or deny a request for reasonable accommodation based on consideration of all of the following factors:

A.

Whether the housing which is the subject of the request will be used by an individual with disabilities protected under fair housing law.

B.

Whether the request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under fair housing law.

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.

Physical attributes of the property and structures.

F.

Availability of other reasonable accommodations that may provide an equivalent level of benefit.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2352, § 16, 4-24-2024)

In approving a request for reasonable accommodation, the reviewing authority may impose conditions of approval to ensure that the reasonable accommodation will comply with the criteria required by Section 18.118.070 (Criteria for Decision).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Reasonable accommodation decisions may be appealed consistent with Chapter 18.112 (Appeals). If an applicant needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)