§ 131.0466

The Federal Fair Housing Act and the California Fair Employment and Housing Act require that jurisdictions make reasonable accommodations to afford disabled persons the equal opportunity to use and enjoy a dwelling. In consideration of the special need and the potential benefit that can be accomplished with a requested modification, deviations may be approved through Process One subject to the following: (a) The development will be used by a disabled person; (b) The deviation request is necessary to make specific housing available to a disabled person and complies with all applicable development regulations to the maximum extent feasible; (c) The deviation request will not impose an undue financial or administrative burden on the City; (d) The deviation request will not create a fundamental alteration in the implementation of the City’s zoning regulations. (e) For coastal development in the coastal overlay zone, that is not exempt pursuant to Section 126.0704, there is no feasible alternative that provides greater consistency with the certified Local Coastal Program.