This chapter outlines the process for requesting reasonable accommodation in the application of land use or zoning regulations, policies, procedures, or practices, as needed, to ensure equal access to housing and support the development of housing for individuals with disabilities, in accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”).

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)

(a)    “Disability” shall include physical disability, mental disability, medical disability, and medical condition as defined in California Government Code Section 12926.

(b)    “Individual with a disability” shall mean someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

(c)    “Reasonable accommodation” shall mean a modification in the application of land use or zoning regulations, policies, procedures, or practices when necessary to eliminate barriers to housing opportunities for a person with a disability to have an equal opportunity to access a dwelling, including public and common use spaces.

(d)    “Zoning Administrator” shall mean the office of Zoning Administrator as detailed in Chapter 14-10.

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)

This chapter applies to individuals with disabilities, their representatives, and developers or providers of housing for people with disabilities who seek reasonable accommodation when land use or zoning regulations, policies, procedures, or practices create barriers to fair housing opportunities as required by fair housing laws. A reasonable accommodation does not alter an individual’s responsibility to adhere to other applicable regulations not related to the requested accommodation.

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)

A notice will be prominently displayed at the public information counter in the Planning Department and on the City’s website, informing the public of the availability of a procedure for eligible individuals to apply for reasonable accommodation. Any necessary forms and additional information regarding the request for reasonable accommodation shall be made accessible to the public both in the Planning Department and on the City’s website.

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)

(a)    A request for reasonable accommodation from land use or zoning regulations, policies, procedures, or practices may be filed at any time that the accommodation is necessary to ensure equal access to housing. Examples include, but are not limited to, reduced setbacks for accessibility improvements; reduced minimum landscaping coverage for hardscape additions, such as widened driveways, parking areas or walkways; or heritage tree removal to allow construction of accessibility features. A request for reasonable accommodation pursuant to this chapter shall not regulate the standards set forth in Title 8 (Building Regulations).

(b)    If an individual with a disability needs assistance in making a request for reasonable accommodation, the City will endeavor to provide the assistance necessary to ensure that the process is accessible to the requestor. The requestor may be represented at all stages of the proceeding by a person designated by the requestor as his or her representative.

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)

(a)    In order to make housing available to an individual with a disability, any eligible person as defined in Section 14-11.040 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

(b)    Requests for reasonable accommodation shall be in writing on an application form provided by the City and shall include all the information necessary to fairly and adequately review the reasonable accommodation request in accordance with the intent of this chapter, and any applicable fees. The information required may include, but shall not be limited to:

(1)    Name and address of the individual(s) or entity requesting reasonable accommodation.

(2)    Name and address of the property owner(s).

(3)    Address of the property for which accommodation is requested.

(4)    The current use of the property that is the subject of the request.

(5)    Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought.

(6)    The reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

(7)    A site plan and/or floor plan of the property demonstrating the location of the reasonable accommodation, and including interior dimensions, property line setbacks, and height of the accommodation.

(8)    Written permission from the property owner to implement the reasonable accommodation.

(c)    Any information identified by a requestor as confidential shall at all times be retained in a manner so as to respect the privacy rights of the requestor and shall not be made available for public inspection, unless required by law.

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)

(a)    Reviewing Authority.

(1)    A request for reasonable accommodation shall be reviewed by the Zoning Administrator without a public hearing pursuant to Section 14-10.500 when no other discretionary approval is sought.

(2)    If the project for which the request is being made also requires one (1) or more related discretionary approvals (including, but not limited to, use permit, site development permit, etc.), then to the extent feasible, the requestor shall file the request for reasonable accommodation together with any related application for discretionary approval and the reasonable accommodation request. The appropriate decision-making body in accordance with the procedures provided in this title for the other related discretionary approval shall be the reviewing authority for the reasonable accommodation request.

(3)    Where improvements or modifications approved through a reasonable accommodation would generally require a variance or a parking exception, the reasonable accommodation shall satisfy this requirement, and a variance or parking exception shall not be required.

(b)    Public Notice and Timing.

(1)    The Zoning Administrator shall make a written determination on a reasonable accommodation request within thirty (30) days of finding the information related to the request complete when no discretionary approval is sought. The Zoning Administrator shall make its determination of the reasonable accommodation request without issuing a public notice and without conducting a public hearing.

(2)    If necessary to reach a determination on any request for reasonable accommodation, the reviewing authority may request further information from the requestor or others consistent with this chapter and the fair housing laws, specifying in detail what information is required. If a need for further information is made of the requestor, the time period to issue a determination shall be stayed until the requestor responds to the request.

(c)    Required Findings.

(1)    The reviewing authority shall issue a written decision to grant, grant with modifications, or deny a request for reasonable accommodation which shall be consistent with fair housing laws and based on the following factors:

(i)    The housing which is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected pursuant to fair housing laws;

(ii)    The requested accommodation is necessary to make housing available to an individual with disabilities protected under fair housing laws, and alternatives that may provide an equivalent level of accommodation while complying with applicable land use or zoning regulations, policies, procedures, or practices are infeasible;

(iii)    The requested reasonable accommodation would be constructed in a manner that is architecturally compatible with the subject property, to the maximum extent practicable, while still achieving the required functionality of the reasonable accommodation;

(iv)    The requested reasonable accommodation would not impose an undue financial or administrative burden on the City;

(v)    The requested reasonable accommodation would not constitute a fundamental alteration of the City’s land use or zoning regulations, policies, procedures, or practices, as applicable; and

(vi)    The requested accommodation would not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the subject property and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the area.

(d)    Decision.

(1)    The reviewing authority’s written decision shall provide a description of the subject property, the reasonable accommodation requested, conditions of approval (if any), and findings pursuant to subsection (c) of this section. The requestor shall be given notice of the right to appeal. The decision shall be mailed to the requestor, to any person who provided written comment on the request, and to any other person who requests notice.

(2)    The written decision of the reviewing authority shall be final, unless appealed as set forth in Chapter 14-10, Part 11.

(3)    Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this chapter.

(4)    The reviewing authority may approve alternative accommodations that provide equivalent and reasonable levels of accommodation to the requestor.

(5)    While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.

(6)    It shall be at the discretion of the reviewing authority whether to include a condition of approval to a request for reasonable accommodation under this chapter to provide for its rescission or automatic expiration under appropriate circumstances.

(7)    Approval of a reasonable accommodation request shall not serve as a basis for future development or redevelopment that relies on nonconformity with land use or zoning regulations, policies, procedures, or practices.

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)

(a)    In the event the requestor or any interested person is not satisfied with the action of the Zoning Administrator on the determination of a reasonable accommodation request, a written appeal may be made within fourteen (14) days after the action and shall be filed in accordance with Chapter 14-10, Part 11.

(b)    In the event the requestor or any interested person is not satisfied with the action of the Planning Commission on the determination of a reasonable accommodation request, a written appeal to the Council may be made within fourteen (14) days after the action. Such an appeal shall be filed with the City Clerk as set forth in Chapter 14-10, Part 11.

(c)    If an individual needs assistance in filing an appeal described in this section, the City shall help ensure that the appeals process is accessible.

(d)    Any information identified by a requestor as confidential shall at all times be retained in a manner so as to respect the privacy rights of the requestor and shall not be made available for public inspection, unless required by law.

(e)    Nothing in this procedure shall preclude an interested individual from seeking any other State or Federal remedy available in accordance with the law.

(f)    Any appeal of a discretionary approval decision which may have been considered by the reviewing authority in conjunction with the request for reasonable accommodation pursuant to Chapter 14-10, Part 11, shall be appealed in accordance with the appeal procedures provided in this title for the discretionary approval being appealed.

(§ 2(3) (Exh. A), Ord. 1481-25 (CM), eff. October 9, 2025)