(A) Purpose. This section establishes a procedure for requesting reasonable accommodation in land use, zoning and building regulations to provide persons with disabilities equal access to housing consistent with the Federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.) and the California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12955 et seq.). A reasonable accommodation is typically a ministerial adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.
(B) When allowed.
(1) Eligible applicants. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of the Zoning Code or other land use or building regulation, policy or practice acts as a barrier to fair housing opportunities.
(2) Definition. 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.
(3) Eligible request. A request for reasonable accommodation may include a request for a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers.
(C) Review authority. The Director takes action on all reasonable accommodation applications.
(D) Application requirements. A request for reasonable accommodation must be submitted in compliance with § 155.408 (Permit Procedures).
(E) Application review.
(1) The Director must make a written determination to either grant, grant with modifications or deny a request for reasonable accommodation.
(2) If necessary to reach a determination on the request for reasonable accommodation, the Director may request further information from the applicant consistent with fair housing laws.
(F) Criteria for decision. To approve a reasonable accommodation request, the Director must make all of the following findings:
(1) The housing subject to the request will be used by an individual with disabilities protected under fair housing law;
(2) The request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under fair housing law;
(3) Potential impacts on surrounding uses are acceptable;
(4) Physical attributes of the property and structures reasonably allow for the accommodation; and
(5) Availability of other reasonable accommodations that may provide an equivalent level of benefit have been assessed.
(G) Conditions of approval.
(1) In approving a request for reasonable accommodation, the Director may impose conditions of approval to minimize impacts on surrounding uses and ensure consistency with the purpose of the zoning district, the General Plan and any applicable specific plan or area plan adopted by the City Council.
(2) A reasonable accommodation approval may be conditioned to provide for its automatic expiration and/or removal under appropriate circumstance (e.g., the disabled resident vacates the property).
(Ord. 885-C.S., passed 5-21-19)