Chapter 12.36
REASONABLE ACCOMMODATIONS

Sections:

12.36.010    Reasonable accommodations.

12.36.010 Reasonable accommodations.

A. Purpose. The purpose of this chapter is to establish a procedure for requesting 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 and building laws and other land use regulations, policies and procedures.

B. Applicability.

1. Definition of Disability. Under the Acts, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. Individuals in recovery from drug or alcohol abuse are protected by Federal and State fair housing laws although individuals currently using illegal substances are not protected under the law unless they have a separate disability. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

2. Scope of Accommodation. A request for a reasonable accommodation may include 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 and provide an individual with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by subsection D of this section (Application Contents and Submittal), and shall not require a fundamental alteration to the City’s zoning or building laws, policies, and/or procedures, as defined under the Acts. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.

3. Eligibility to Request Accommodation. 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.

C. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be displayed at the public information counter in the Community Development Department advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall also be made available.

D. Application Contents and Submittal. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department 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, and the name, address and telephone number of the property owner.

3. The current existing use of the property.

4. The basis for the claim that the individual is considered disabled under the Acts.

5. The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

6. Reason the requested accommodation may be necessary to make the specific property accessible to the individual.

E. Authority.

1. Community Development Director. Requests for reasonable accommodation shall be reviewed by the Community Development Director if no approval is sought other than the request for reasonable accommodation.

2. 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.

F. Review Procedure.

1. Director Review. The Community Development Director, or his/her designee, shall make a written determination within 45 days of submittal of a complete application and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection G of this section (Findings). The Director shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director. Said notice shall be mailed at least 10 days prior to making a determination.

2. Other Reviewing Authority. Written determinations on requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be made by the authority responsible for reviewing the discretionary land use application. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection G of this section (Findings).

3. Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the 45-day period to issue a decision is stayed until the applicant responds to the request.

4. The reviewing authority may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested, where such an alternative accommodation would:

a. Reduce impacts to neighboring properties or the surrounding area; or

b. Not require a deviation from the provisions of SMC Title 8 or 10 or would require less of a deviation than the requested accommodation.

G. Findings. The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of the following findings can be made:

1. The housing, which is the subject of the request, will be occupied by an individual considered disabled under the Acts.

2. The requested accommodation is necessary to provide a disabled individual with an equal opportunity to use and enjoy a dwelling.

3. The requested accommodation would not impose an undue financial or administrative burden on the City, as defined under the Acts.

4. The requested accommodation would not require a fundamental alteration to the City’s zoning or building laws, policies, and/or procedures, as defined under the Acts. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider, among other factors:

a. Whether the requested accommodation would fundamentally alter the character of the neighborhood; and

b. Whether the requested accommodation would substantially undermine any express purpose of either Sausalito’s General Plan or an applicable specific plan.

5. There are no other reasonable accommodation(s) that would allow the applicant to use and enjoy the dwelling which would:

a. Be less impactful to neighboring properties or the surrounding area; or

b. Not require a deviation from the provisions of SMC Title 8 or 10 or would require less of a deviation than the requested accommodation.

H. 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 G of this section, including but not limited to the following:

1. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval.

2. Recordation of a deed restriction requiring removal of the improvements when the need for which the accommodation was granted no longer exists, except where the Director finds that removal would constitute an unreasonable financial burden and/or is physically integrated with the structure and cannot feasibly be removed.

3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.

4. Measures to reduce the impact on surrounding uses.

5. Measures in consideration of the physical attributes of the property and structures.

6. Other conditions necessary to protect the public health, safety and welfare.

I. Written Decision. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority’s findings required by subsection G of this section (Findings). 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.

J. Appeals. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be in compliance with Chapter 10.84 SMC (Appeals). Appeals shall be submitted on an application form provided by the Community Development Department. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure the appeals process is accessible. [Ord. 1221 § 1, 2014.]