Pleasanton City Zoning Code
CHAPTER 18
86 REASONABLE ACCOMMODATION
§ 18.86.010 Purposes.
This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act, the California Fair Employment and Housing Act, and the California Unruh Civil Rights Act (hereinafter "Fair Housing Laws" or "Laws") in the application of zoning laws and other land use regulations, policies and procedures.
(Ord. 2060 § 2, 2013)
§ 18.86.020 Applicability.
Persons protected under the Fair Housing Laws may request reasonable accommodations when the strict application of the zoning regulations acts as a barrier to fair housing opportunities. 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 such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the laws.
A request for reasonable accommodation may include 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 and provide a person with a disability the equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 18.86.040 (Requesting reasonable accommodation).
Modifications requested under this chapter shall apply only to residential properties and may be applied to both single dwelling units and multi-family units.
(Ord. 2060 § 2, 2013)
§ 18.86.030 Review authority.
A.
Director of Community Development. Requests for reasonable accommodation shall be reviewed by the director of community development or designee (collectively hereafter the director) if no approval is sought other than the request for reasonable accommodation.
B.
Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
(Ord. 2060 § 2, 2013)
§ 18.86.040 Requesting reasonable accommodation.
A.
A request for reasonable accommodation shall be filed on the application form provided by the community development department except, if necessary to ensure accessibility, the applicant may request an alternative format. The applicant may be the person with the disability or his or her representative. The application shall be signed by the owner of the property and shall provide the following information:
1.
The applicant's name, address and telephone number.
2.
Address of the property for which the request is being made.
3.
The current actual use of the property.
4.
The basis for the claim that the individual is considered disabled under the Fair Housing Laws.
5.
The zoning code provision, regulation or policy from which reasonable accommodation is being requested.
6.
Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
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 (including, but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A for concurrent review with the application for discretionary approval.
C.
If an individual needs assistance in making the request for reasonable accommodation the department shall provide the assistance necessary to ensure that the process is accessible to the applicant.
(Ord. 2060 § 2, 2013)
§ 18.86.050 Review procedures.
A.
Director Review. The director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.86.060 (Findings and decision).
B.
Other Reviewing Authority. A written determination on whether to grant, grant with modifications 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. The written determination regarding the request for reasonable accommodation shall be made in accordance with Section 18.86.060 (Findings and decision).
(Ord. 2060 § 2, 2013)
§ 18.86.060 Findings and decision.
A.
Findings. The written decision regarding a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:
1.
Whether the housing, which is the subject of the request, will be used by an individual disabled under the Fair Housing Laws.
2.
Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Fair Housing Laws.
3.
Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
4.
Physical attributes of the property and structures.
5.
Alternative reasonable accommodations which may provide an equivalent level of benefit.
(Ord. 2060 § 2, 2013; Ord. 2277, 5/7/2024)
§ 18.86.070 Discussion of alternatives.
If there is a determination to deny a request, the director shall discuss with applicant whether there is an alternative accommodation that would effectively address the applicant's disability-related needs. Such discussion of alternatives is an interactive process with director and applicant, but still allows for an immediate appeal of the decision as provided in Section 18.86.070, and any such alternative may also require approval by other reviewing authority as provided in Section 18.86.050(B).
(Ord. 2060 § 2, 2013)
§ 18.86.080 Appeal of decision.
A determination regarding a request for reasonable accommodation may be appealed as provided in Chapter 18.144 (Appeals) of this title.
(Ord. 2060 § 2, 2013)
§ 18.86.090 Rescission of grants of reasonable accommodation.
Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.
(Ord. 2060 § 2, 2013)