It is the City's policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this Chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of the development requirements and standards established in this Title.
This Chapter is based on requirements of the Federal and State of California fair housing laws and implements the Housing Element of the General Plan. It is distinct from the requirements for a variance established in Government Code Section 65906 and Chapter 18.165 (Variance).
(Ord. 978, 11/17/2025)
A. 
Zoning Administrator. The Zoning Administrator has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, except as noted in Subsection B of this Section. The Zoning Administrator may refer the matter to the Planning Commission or Architectural Review Commission, at their discretion.
B. 
Planning Commission. The Planning Commission has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator or when a Reasonable Accommodation request includes any of the following:
1. 
Any encroachment into the front setback area.
2. 
A reduction in required parking.
C. 
Architectural Review Commission. The Architectural Review Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator.
(Ord. 978, 11/17/2025)
A. 
Request. 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 or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A Reasonable Accommodation cannot waive a requirement for a Use Permit when otherwise required or result in approval of uses otherwise prohibited by the City's General Plan Land Use Element and Zoning Ordinance.
B. 
Availability of Information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the Planning Division's public information counter, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Zoning Administrator.
C. 
Assistance. If an applicant needs assistance in making the request, the Planning Division shall provide the assistance necessary to ensure that the process is available to the applicant.
D. 
Balancing Rights and Requirements. In the City's requests for information, consideration of an application, preparation of written findings, and maintenance of records of Reasonable Accommodation requests, it will attempt to balance:
1. 
The privacy rights and reasonable request for confidentiality by an applicant, with
2. 
Requirements for notice and public hearing, factual findings, and rights to appeal established in this Title.
(Ord. 978, 11/17/2025)
A. 
Application. The applicant shall submit a request for Reasonable Accommodation on a form provided by the Planning Division. The application shall include 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 name and address of the property owner, and the owner's written consent to the application;
4. 
The current actual use of the property;
5. 
The basis for the claim that the individual is considered disabled under the fair housing laws;
6. 
The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived;
7. 
A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disability to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;
8. 
Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and
9. 
Other supportive information deemed necessary by the Planning Division to facilitate proper consideration of the request, consistent with fair housing laws.
B. 
Review with Other Land Use Applications. If the project for which the Reasonable Accommodation is being requested also requires some other discretionary approval (e.g., Use Permit, Architectural Review Permit, General Plan Amendment, Zoning Amendment, Subdivision Map), then the applicant shall submit the Reasonable Accommodation application first for a determination by the Zoning Administrator, before proceeding with the other applications.
C. 
Fee. The fee for an application for Reasonable Accommodation shall be established by resolution of the City Council.
(Ord. 978, 11/17/2025)
A. 
Notice and Public Hearing. No advance notice or public hearing is required for consideration of Reasonable Accommodation requests by the Zoning Administrator. Requests for Reasonable Accommodation subject to review by the Planning Commission or Architectural Review Commission shall require advance notice and a public hearing in compliance with Chapter 18.205 (Noticing Requirements).
B. 
Decision.
1. 
Within 30 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Reasonable Accommodation application, or refer the matter to the Planning Commission or Architectural Review Commission. The Zoning Administrator shall mail notice of the decision to the applicant and all residents and property owners within 300 feet of the project site.
2. 
If the application for Reasonable Accommodation involves another discretionary decision, the review authority for that decision shall accept as final the determination regarding Reasonable Accommodation by the Zoning Administrator, unless the Reasonable Accommodation request has been referred to the Planning Commission or Architectural Review Commission for consideration.
3. 
If the application for Reasonable Accommodation is referred to, or reviewed by, the Planning Commission or Architectural Review Commission, a decision to approve, conditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing.
(Ord. 978, 11/17/2025)
A. 
Findings. The review authority shall approve or conditionally approve an application for Reasonable Accommodation if it can make the following findings:
1. 
The housing will be used by a qualified person;
2. 
The requested accommodation is necessary to make specific housing available to a qualified person;
3. 
The requested accommodation would not impose an undue financial or administrative burden on the City; and
4. 
The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.
B. 
Other Requirements.
1. 
An approved request for Reasonable Accommodation is subject to the applicant's compliance with all other applicable zoning regulations of this Title.
2. 
A modification approved under this Chapter is considered a personal accommodation for the individual applicant and does not run with the land.
a. 
Inspection of the property to verify compliance with this Chapter and any conditions of approval. The frequency of inspection shall be specified in the condition of approval.
b. 
Removal of the improvements if or when the need for which the accommodation was granted no longer exists, if removal would not constitute an unreasonable financial burden.
c. 
Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
d. 
Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists.
e. 
Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio requirements specified for the Zone District.
f. 
Other conditions necessary to protect the public health, safety, and welfare of surrounding residents, workers, and visitors.
(Ord. 978, 11/17/2025)
A decision by the Zoning Administrator may be appealed to the Planning Commission and/or Architectural Review Commission and a decision of the Planning Commission and/or Architectural Review Commission may be appealed to the City Council in accordance with the appeal procedures in Chapter 18.185 (Appeals and Calls for Review).
(Ord. 978, 11/17/2025)