It is the policy of the City of Davis, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. The ordinance codified in this article establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the city to comply fully with the intent and purpose of fair housing laws.
(Ord. 2322, 2008)
The city council of the City of Davis finds:
(a) 
The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing;
(b) 
The Housing Element of the City of Davis must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;
(c) 
The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities; and
(d) 
A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning regulations, policies, practices and procedures will further Davis' compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.
(Ord. 2322, 2008)
(a) 
Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
(b) 
An individual with a disability is someone who has a physical or mental impairment that substantially limits one or more of such person's major life activities, as furthered defined and amended in the Fair Employment and Housing Act (FEHA) of California Government Code Section 12926(i)(1), (2), and (k)(1), (2).
(c) 
A request for reasonable accommodation may be made by any person with a disability, his or her representative, or an entity, developer or provider of housing for individuals with disabilities, when the application of a land use or zoning regulation, policy, practice or procedure acts as a barrier to housing opportunities.
(d) 
A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. This article is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in this article shall require the city to waive or reduce development or building fees associated with the granting of a reasonable accommodation request.
(Ord. 2322, 2008)
Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the community development and sustainability department, advising the public of the availability of the procedure for eligible individuals. Notice shall also be posted on the city's website. Forms for requesting reasonable accommodation shall be available to the public in the community development and sustainability department and through the city's main website.
(Ord. 2322, 2008)
Requests for reasonable accommodation shall be made in a manner prescribed within this section.
(a) 
Requests for reasonable accommodation shall be submitted by completing the City of Davis Request for Reasonable Accommodation Form and submitting it to the community development and sustainability department and specifying the following information:
(1) 
Name and address of the individual(s) requesting reasonable accommodation;
(2) 
Name, address and telephone number of the property owner(s);
(3) 
Address of the property for which accommodation is requested;
(4) 
The current actual use of the property;
(5) 
Description of the requested accommodation and the zoning code provision, regulation(s), policy or procedure for which accommodation is requested;
(6) 
The basis for the claim that the individual is considered disabled under the Acts; and
(7) 
Reason that the requested accommodation is necessary for the individual(s) with the disability to use and enjoy the dwelling.
(b) 
If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, etc.), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.
(c) 
No application fee shall apply to a request for reasonable accommodation (unless the request is being made concurrently with an application for some other discretionary approval, in which case the applicant shall pay only the required application fee for the discretionary approval).
(d) 
Any information related to a disability status and 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.
(e) 
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 an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.
(f) 
If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
(Ord. 2322, 2008)
(a) 
Requests for reasonable accommodation shall be reviewed by the community development and sustainability director, if no discretionary approval is sought other than the request for reasonable accommodation.
(b) 
The community development and sustainability director shall issue a written decision on a request for reasonable accommodation within forty-five days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 18.08.070.
(c) 
If necessary to reach a determination on the request for reasonable accommodation, the community development and sustainability director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. 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 responds to the request.
(d) 
A request 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. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the planning commission 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 18.08.070 of this article.
(Ord. 2322, 2008; Ord. 2390 § 2, 2012)
(a) 
The community development and sustainability director shall make a finding to:
(1) 
Grant the reasonable accommodation as requested;
(2) 
Grant the reasonable accommodation with modifications; or
(3) 
Deny the request for reasonable accommodation.
(b) 
In making a determination as to whether a requested accommodation is reasonable, the city will consider whether the accommodation:
(1) 
Would impose an undue financial or administrative burden on the city; or
(2) 
Would require a fundamental alteration in the nature of a city land use and zoning, building program or state or federal laws.
(c) 
In making a finding as to whether to grant a reasonable accommodation, the following factors will be considered:
(1) 
Whether the housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under fair housing laws;
(2) 
Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
(3) 
Potential impact on surrounding uses and residents;
(4) 
Potential benefit that can be accomplished by the requested accommodation;
(5) 
Physical attributes of the property and structures;
(6) 
Alternative reasonable accommodations which may provide an equivalent level of benefit;
(7) 
Whether the requested alteration can be removed if the housing unit is not occupied by a person requiring the requested accommodation.
(Ord. 2322, 2008; Ord. 2390 § 2, 2012)
In granting a request for reasonable accommodation, the community development and sustainability director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 18.08.070. 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. 2322, 2008; Ord. 2390 § 2, 2012)
(a) 
The written decision on the request for reasonable accommodation shall be mailed within forty-five days of the request and shall explain in detail the basis of the decision, including the community development and sustainability director's findings on the factors set forth in Section 18.08.070. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by first class mail.
(b) 
The written decision of the community development and sustainability director shall be final unless an applicant appeals it to the city manager or planning commission as appropriate, based on a determination by the community development and sustainability director of the related governing body. Any person may appeal the decision to deny his or her request for reasonable accommodation by requesting a hearing before the city manager or planning commission as appropriate, within twenty-one days of the date of the written decision.
(c) 
While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(Ord. 2322, 2008; Ord. 2390 § 2, 2012; Ord. 2634 § 10, 2022)
(a) 
Within twenty-one days of the date of the community development and sustainability director's written decision, an individual may appeal an adverse decision. Appeals from the adverse decision shall be made in writing and submitted to the community development and sustainability department.
(b) 
All appeals shall contain a statement of the grounds for the appeal. Any information related to a disability status and 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.
(c) 
The city manager or planning commission shall hold a public hearing on the appeal. The decision of the planning commission or city manager shall be final. A written decision of the planning commission or city manager shall be mailed to the appealing party within five days of the appeal hearing.
(d) 
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.
(e) 
Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. 2322, 2008; Ord. 2390 § 2, 2012; Ord. 2634 § 10, 2022)