Chapter 18.27
REASONABLE ACCOMMODATION
Sections:
18.27.060 Conditions of approval.
18.27.070 Appeals – Expiration, extensions, and revisions – Revocation.
18.27.010 Purpose.
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. 24-002 § 5 (Exh. A).]
18.27.020 Applicability.
A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, 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 a person who has a physical or mental impairment that limits or substantially limits one (1) 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. 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. 24-002 § 5 (Exh. A).]
18.27.030 Review authority.
The Community Development 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. 24-002 § 5 (Exh. A).]
18.27.040 Procedures.
A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development 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.
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 is considered disabled under the Acts.
5. The municipal code provision, zoning code 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.
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. No noticing or public hearing are required for a reasonable accommodation request.
C. Decision. The Community Development Director shall make a written determination within thirty (30) days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with DMC 18.27.050, Required findings. [Ord. 24-002 § 5 (Exh. A).]
18.27.050 Required findings.
The Community Development 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. 24-002 § 5 (Exh. A).]
18.27.060 Conditions of approval.
In granting a request for reasonable accommodation, the Community Development Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The conditions shall also state whether the accommodation granted shall terminate if the recipient of the accommodation that was requested no longer resides on the property. [Ord. 24-002 § 5 (Exh. A).]
18.27.070 Appeals – Expiration, extensions, and revisions – Revocation.
A. Appeals. Reasonable accommodation decisions may be appealed as provided for in DMC 18.21.120, Appeals.
B. Expiration, Extensions, and Revisions. Reasonable accommodations may only be expired, extended or revised as provided for in Chapter 18.21 DMC, Common Procedures. 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 pursuant to DMC 18.21.110, Revocation of permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated. [Ord. 24-002 § 5 (Exh. A).]