Chapter 17.84
REASONABLE ACCOMMODATION
Sections:
17.84.010 Purpose.
17.84.020 Applicability.
17.84.030 Definitions.
17.84.040 Availability of information.
17.84.050 Application requirements.
17.84.060 Review authority.
17.84.070 Review procedure.
17.84.080 Findings and decision.
17.84.090 Appeal of determination.
17.84.100 Rescission of grants of reasonable accommodation.
17.84.110 Fees.
17.84.010 Purpose.
The purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. (Ord. 677 § 3 (Exh. H), 2024)
17.84.020 Applicability.
A. A request for reasonable accommodation may be made by any person with a disability, their representative or any developer or provider of housing for persons with disabilities, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities for persons with disabilities.
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 such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
C. A request for reasonable accommodation may include a modification or exception to the land use or zoning regulations, policies, practices or procedures for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers to housing opportunities for a person with a disability. Requests for reasonable accommodation shall be made in the manner prescribed by Section 17.84.050 (Application requirements). (Ord. 677 § 3 (Exh. H), 2024)
17.84.030 Definitions.
“Director” shall mean the director of community development or their designee.
“Disability” shall include physical disability, medical disability, and medical condition as defined in California Government Code Section 12926.
“Fair housing laws” shall mean the “Fair Housing Amendments Act of 1988” (42 U.S.C. Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), including reasonable accommodations required specifically by California Government Code Sections 12927(c)(1) and 12955(i), as any of these statutory provisions now exist or may be amended.
“Reasonable accommodation” shall mean a modification in the application of land use or zoning regulations, policies, procedures, or practices when necessary to eliminate barriers to housing opportunities for a person with a disability to have an equal opportunity to access a dwelling, including public and common use spaces.
“Reviewing authority” shall mean the appropriate decision making body as described in Section 17.84.060. (Ord. 677 § 3 (Exh. H), 2024)
17.84.040 Availability of information.
Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter in the community development department, advising the public of the availability of the procedure for eligible individuals. (Ord. 677 § 3 (Exh. H), 2024)
17.84.050 Application requirements.
A. Application. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. Requests for reasonable accommodation by any eligible person or entity described in Section 17.84.020(A) shall be submitted on an application form provided by the community development department, or in the form of a letter, to the director of community development 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 property owner’s name, address and telephone number and the owner’s written consent to implement the reasonable accommodation.
4. The current actual use of the property.
5. Description of the requested accommodation and the zoning code provision, regulation, procedure or policy from which reasonable accommodation is being requested.
6. The reason that the reasonable accommodation may be necessary for the individual with the disability to use and enjoy the dwelling.
7. Where applicable, documentation that the requested modification is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulations and full use of the building and facilities by persons with disabilities.
8. Any other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation.
B. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by law. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision set forth in Section 17.84.070 is stayed until the applicant responds to the request.
C. Review With Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A of this section together for concurrent review with the application for discretionary approval.
D. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
E. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. (Ord. 677 § 3 (Exh. H), 2024)
17.84.060 Review authority.
A. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the director of community development (director), or his designee if no approval is sought other than the request for reasonable accommodation.
B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. (Ord. 677 § 3 (Exh. H), 2024)
17.84.070 Review procedure.
A. Director Review. If no approval is sought other than the request for reasonable accommodation, the director, or his designee, shall make a written determination within thirty days of the date of the request and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 17.84.080 (Findings and decision).
B. Other Reviewing Authority. If the reasonable accommodation is submitted for concurrent review with another land use application, the written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.84.080 (Findings and decision). (Ord. 677 § 3 (Exh. H), 2024)
17.84.080 Findings and decision.
A. Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
1. Whether the housing which is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected under the Acts.
2. Whether the request for accommodation is necessary to make housing available to an individual with a disability under the Acts.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city’s land use and zoning or building program.
B. Written Decision.
1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority’s findings on the criteria set forth in this section. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.
2. The written decision of the reviewing authority shall be final unless an applicant appeals it pursuant to Section 17.84.090.
3. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
4. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A of this section. Such conditions may include, but are not limited to:
a. That the reasonable accommodation shall only be applicable to the specific use for which the application is made.
b. That a reasonable accommodation involving an exterior physical improvement or structure is designed to be substantially similar to the architectural character, colors, and texture of materials of the existing structures on site.
c. That the reasonable accommodation shall be designed in accordance with the currently adopted California Building Code, and subject to any and all permit and inspection requirements of the Foster City Municipal Code. (Ord. 677 § 3 (Exh. H), 2024)
17.84.090 Appeal of determination.
A. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed in compliance with Section 17.06.150 within ten calendar days of the decision.
B. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.
C. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
D. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. (Ord. 677 § 3 (Exh. H), 2024)
17.84.100 Rescission of grants of reasonable accommodation.
Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances. (Ord. 677 § 3 (Exh. H), 2024)
17.84.110 Fees.
A fee shall not be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the applicant shall pay the prescribed fee for the other discretionary permit(s) in compliance with the city’s fee schedule adopted by resolution. (Ord. 677 § 3 (Exh. H), 2024)