A. 
Title. The provisions of Chapter 17.760 shall be known as the "reasonable accommodation for persons with disabilities" chapter of this title.
B. 
Purpose. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws, building regulations, and other land use regulations, policies and procedures.
(Ord. 943 § 6, 2015)
A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law, building regulation, or other land use regulation, policy or practice 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 Acts.
A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, improvement, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.760.03 (Application requirements).
(Ord. 943 § 6, 2015)
A. 
Application. Requests for reasonable accommodation shall be submitted on an application form provided by the community development director or in the form of a letter. Information regarding the specifics of the disability will remain confidential and inaccessible by the public. The application, whether on the form or in the form of a letter shall contain 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 Acts.
5. 
The municipal code provision, zoning ordinance provision, or other 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, use permit, plan check review, general plan amendment, zone change, etc.), then the applicant shall file the information required by subsection A together for concurrent review with the application for discretionary approval.
(Ord. 943 § 6, 2015; Ord. 1084, 3/11/2025)
A. 
Community Development Director. Requests for reasonable accommodation shall be reviewed by the director, or designee 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. 943 § 6, 2015)
A. 
Director Review. The community development director, or designee, shall make a written determination within thirty calendar days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.760.006 (Findings and decision).
B. 
Other Reviewing Authority. The written determination on whether to grant 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 to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.760.006 (Findings and decision).
C. 
Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.
(Ord. 943 § 6, 2015)
A. 
Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts 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 with a disability protected under the Acts.
2. 
Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3. 
Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city, as defined in the Fair Housing Act (FHA) and Federal and State Fair Housing Laws.
4. 
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.
5. 
Whether the requested reasonable accommodation would constitute a direct threat to the health or safety of others or would cause substantial physical damage to the property of others.
B. 
Conditions of Approval. 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 would comply with the findings required by subsection A.
(Ord. 943 § 6, 2015; Ord. 1084, 3/11/2025)
A. 
Appeals of the Decision of the Director. An applicant or any party with interest may appeal any determination of the director to the planning commission if appropriate notice is given to the community development department office within thirty calendar days of the director's decision. If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible. The city shall charge a fee for costs involved in the appeal. The planning commission shall hear and determine any appeal within thirty days of such notice.
B. 
Appeals of Decision of the Planning Commission or Other Reviewer. An applicant or any party with interest may appeal any determination of the planning commission or other reviewer to the city council if appropriate notice is given to the community development department office within ten calendar days of the planning commission's decision. The city shall charge a fee for costs involved in the appeal. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible. The city council shall hear and determine any appeal within thirty days of such notice. The decision of the city council shall be deemed final.
(Ord. 943 § 6, 2015; Ord. 1084, 3/11/2025)