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Editor's Note: Former Chapter 16.214, Requests for Reasonable Accommodation Under the Fair Housing Act of 1988 and the California Fair Employment and Housing Act, derived from Ord. 2016-04-12-1602, was repealed by Ord. 2025-06-03-1601, 6/3/2025.
This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.
(Ord. 2025-06-03-1601, 6/3/2025)
A. 
A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, including those who are associated with people with disabilities, including providers and developers of housing for people with disabilities, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities. A person with a disability is an individual with a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having any such impairment; or anyone who has a record of having such an impairment. Federal and State fair housing laws protect individuals in recovery from drug or alcohol abuse. However, individuals currently using illegal substances are not protected under the law, unless they have a separate disability. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
B. 
A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, 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.
(Ord. 2025-06-03-1601, 6/3/2025)
The Director shall act as the Review Authority for reasonable accommodation applications based on consideration of the requirements of this chapter. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the Review Authority for the discretionary land use application.
(Ord. 2025-06-03-1601, 6/3/2025)
A. 
Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Director, or in the form of a letter, to the Director and shall contain the following information:
1. 
The applicant's name, address and telephone number. Not only may a person with a disability file an application, but also an organization serving people with disabilities (e.g., sober living homes, transitional or supportive housing for people with disabilities, etc.).
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, or individuals being served, 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. The City shall ensure confidentiality of the person with a disability's contact and medical information.
7. 
Additional information necessary for City staff to facilitate proper consideration of the request, consistent with the Acts.
B. 
Public Noticing and Public Hearing Not Required. A reasonable accommodation request does not require public notice or a public hearing.
C. 
Decision. The Director shall make a written determination within 30 days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with Section 16.214.050 (Required findings).
1. 
If the request is denied because it would impose an undue financial and administrative burden on the City and/or would require a fundamental alteration to the zoning or building laws, policies or procedures of the City, the Director or their designee must engage in an interactive process with the person seeking the accommodation to determine if there is another reasonable accommodation that may provide an equivalent level of benefit.
(Ord. 2025-06-03-1601, 6/3/2025)
The Director must make all of the following findings in order to approve or conditionally approve request for reasonable accommodation that will be consistent with the Acts.
A. 
The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
B. 
The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;
C. 
The conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
D. 
The denial of the reasonable accommodation request would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.
(Ord. 2025-06-03-1601, 6/3/2025)
In granting a request for reasonable accommodation, the Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein.
(Ord. 2025-06-03-1601, 6/3/2025)
A. 
Appeals. Reasonable accommodation decisions may be appealed as provided for in Section 16.100 (Appeals). At the applicant's request, the details of the person and/or their disability may be kept confidential should an appeal trigger the need for a public hearing.
B. 
Expiration, Extensions, and Revisions. Reasonable accommodations granted under this chapter are effective and may only be extended or revised as provided for in Chapter 16.96 (Expirations and Extensions). A reasonable accommodation shall terminate if the accommodation is no longer required, or if the recipient of the accommodation no longer resides at the property.
C. 
Revocation. Reasonable accommodation approval may be revoked or modified pursuant to Chapter 16.108 (Revocation and Modification) if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.
(Ord. 2025-06-03-1601, 6/3/2025)