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City of San Leandro <br />2023-2031 Housing Element Update <br /> <br />3-30 <br />the accommodation when it is determined to be “reasonable” based on fair housing laws and the <br />case law interpreting the statutes. <br />Reasonable accommodation is one of the tools intended to further housing opportunities for people <br />with disabilities. These accommodations can mean local jurisdictions making modifications or <br />exceptions in their zoning laws and other land-use regulations when such accommodations may be <br />necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. For example, <br />it may be a reasonable accommodation to waive a setback requirement so that a ramp can be <br />provided to residents with mobility impairments. <br />Reasonable accommodation enables developers and providers of housing for people with <br />disabilities a means of requesting from the local government flexibility in the application of land use <br />and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements <br />necessary to achieve equal access to housing. <br />San Leandro uses reasonable accommodations to eliminate obstacles to housing for the elderly, <br />people suffering from chronic illness or people experiencing physical or mental disabilities. This can <br />include residents who are recovering from drug and alcohol addiction who would benefit from living <br />in a non-institutional residential environment. San Leandro’s zoning code states that the City can <br />change, waive, or make exceptions to zoning rules that would otherwise have the effect of limiting <br />the ability of such individuals to live in the residence of their choice in the community. San Leandro <br />Zoning Code Section 2.04.232 removes any special requirements for facilities for the disabled that <br />would limit such individuals’ choice of places to live to the extent that such residences are subject to <br />requirements different from those applicable to similar uses of land. <br />In 2009, the City adopted the following policy, “Reasonable Accommodation Policy and Grievance <br />Policy Relating to the Americans with Disabilities Act, the Fair Employment and Housing Act, and <br />Section 504 of the Rehabilitation Act,” as follows: <br />It is the policy of the City of San Leandro to comply with the Americans with Disabilities Act <br />(ADA), the Fair Employment and Housing Act (FEHA), Section 504 of the Rehabilitation Act of <br />1973, and the comprehensive civil rights laws that prohibit discrimination against persons with <br />disabilities. The City of San Leandro will not discriminate against qualified individuals with <br />disabilities on the basis of disability in its services, programs, events, activities, facilities and <br />public meetings. <br />In all of its services, programs, events, activities, facilities and public meetings, the City of San <br />Leandro will strive to eliminate any barriers that prohibit persons with disabilities from <br />participating or from having full access to facilities. If a service, program, event or activity is not <br />fully accessible, the City will, to the best of its ability, relocate said service, program, event or <br />activity to an accessible facility, or provide equal services at alternate accessible sites. <br />A request for special accommodation must be made to the ADA Coordinator by the individual <br />needing the accommodation or his/her representative with at least two (2) weeks advance <br />notice of the service, program, event, or activity. Advance notification within this guideline will <br />enable the City to make reasonable arrangements to ensure accessibility. <br />Reasonable Accommodation Policy – Zoning and Land Use <br />This policy provides a procedure to request reasonable accommodation for persons with <br />disabilities seeking equal access to housing under the Federal Fair Housing Act and the California