23.406.090 Reasonable Accommodations.
A. Purpose. This section establishes a process for the City to approve modifications to development regulations to support equal access to housing for persons with disabilities. This process is established in accordance with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act.
B. When Allowed.
1. Eligible Applicants.
(a) Any person with a disability, or their representative, may request reasonable accommodation as allowed by this section.
(b) 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 this type of impairment, or anyone who has a record of this type of impairment.
2. Eligible Request. An eligible applicant may request a modification or exception to any provision in the Zoning Ordinance or Subdivision Ordinance (Title 21) that acts as a barrier to fair housing opportunities for persons with disabilities.
C. Review Authority.
1. Zoning Officer. The Zoning Officer takes action on reasonable accommodation applications unless the application is filed for concurrent review with a requested permit reviewed by the Zoning Adjustments Board (ZAB).
2. Zoning Adjustments Board. If a reasonable accommodation application is submitted concurrently with a permit application reviewed by the ZAB, the reasonable accommodation application shall be acted on by the ZAB.
3. Referral to Zoning Adjustments Board. The Zoning Officer may refer any reasonable accommodation application to the ZAB for review and final decision.
D. Application Requirements.
1. Application. A request for reasonable accommodation shall be submitted on an official City application form. No application fee is required. The application shall include:
(a) The name, address, and telephone number of the applicant;
(b) The address of the property for which the accommodation is requested;
(c) The current use of the property.
(d) The ordinance provision for which modification is requested;
(e) Reason that the requested accommodation may be necessary to enable the person with the disability to use the dwelling; and
(f) Other information requested by the Zoning Officer.
2. Concurrent Applications. If the project for which the reasonable accommodation is requested requires another planning permit (e.g., Use Permit), the reasonable accommodation application shall be filed concurrently with the related permit application.
E. Review Procedure.
1. Independent Application.
(a) For a Reasonable Accommodation application submitted independently from any other planning permit application, the Zoning Officer shall take action within 45 days of receiving the application.
(b) If necessary to reach a determination on the request for reasonable accommodation, the Zoning Officer may request further information from the applicant consistent with fair housing laws. If a request for additional information is made, the 45-day period to issue a decision is stayed until the applicant submits the requested information.
2. Concurrent Application. For a reasonable accommodation request submitted concurrently with another planning permit application, the reasonable accommodation request shall be reviewed and acted upon concurrently with the other application.
F. Action on Application.
1. Decision. The review authority shall make a written decision supported by findings and conclusions to approve, approve with conditions, or deny the application.
2. Criteria. The review authority shall consider the following factors when acting on the application:
(a) Need for the requested modification.
(b) Alternatives that may provide an equivalent level of benefit.
(c) Physical attributes of and proposed changes to the property.
(d) Whether the requested modification would impose an undue financial or administrative burden on the City.
(e) Whether the requested modification would constitute a fundamental alteration of the City’s zoning or subdivision regulations.
(f) Whether the requested accommodation would result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhood.
(g) Any other factor that may have a bearing on the request.
3. Conditions of Approval. The review authority may impose conditions of approval, including a condition to provide for the automatic expiration of the approval under appropriate circumstances (e.g., person with disability vacates home).
G. Appeals. Reasonable accommodation decisions may be appealed in accordance with Chapter 23.410 (Appeals and Certifications). (Ord. 7787-NS § 2 (Exh. A), 2021)