Baldwin Park Municipal Code Part 20 Reasonable Accommodation

The reasonable accommodation process establishes a formal procedure for individuals with disabilities seeking equal access to housing to request a reasonable accommodation to zoning regulations, as provided by the Federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act, and to establish criteria to be used when considering these requests. The purpose of the reasonable accommodation process is to provide flexibility in the application of land use, zoning or building regulations, policies or procedures for individuals with disabilities or developers of housing for persons with disabilities when it is necessary to eliminate barriers to equal housing opportunities.

(Ord. 1346, passed 5-2-12)

(A) A request for reasonable accommodation may be made by any person with a disability, or a representative, when the application of a zoning, land use or building regulation, policy or practice acts as a barrier to equal housing opportunities.

(B) If a reasonable accommodation request is approved, the request shall be granted to an individual and shall not run with the land unless the City Planner determines that:

(1) The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable codes; or

(2) The accommodation is to be used by another disabled person.

(Ord. 1346, passed 5-2-12)

(A) The Community Development Department shall prominently display at City Hall a notice advising those with disabilities or their representatives that they may submit a request for reasonable accommodation. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Community Development Department at any time that the accommodation may be necessary to ensure equal access to housing.

(B) A request for reasonable accommodation shall state the basis of the request including, but not limited to, a modification or exception to the regulations, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of his or her choice.

(C) The City Planner may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the disabled person to use the specified housing. If additional information is requested, the review period for the reasonable accommodation stops until additional information is provided.

(Ord. 1346, passed 5-2-12)

The written decision of the City Planner to grant or deny a request for reasonable accommodation will be consistent with the Federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act. The following findings must be analyzed, made, and adopted before any action is taken to approve or deny a request for reasonable accommodation.

(A) The housing that is subject to the request will be used by an individual with a disability, as defined under Federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act.

(B) The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability.

(C) The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

(D) The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

(E) There are no other alternative reasonable accommodations that may provide an equivalent level of benefit at a similar cost while providing greater consistency with the city’s laws and regulations.

(Ord. 1346, passed 5-2-12)

(A) The City Planner, or Building Official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. The City Planner shall issue a written determination within 30 days of receipt of a completed application that either grants, grants with modifications or denies a request for reasonable accommodation. In granting a request for reasonable accommodation, the City Planner or Building Official may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings listed in § 153.210.1020.

(B) 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. 1346, passed 5-2-12)

The authorized signature of the City Planner, Planning Commission or the Appeal Authority if the request was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval of a reasonable accommodation request.

(Ord. 1346, passed 5-2-12)