Beaumont Municipal Code Ch. 15.26 Reasonable Accommodations

The purpose of this Chapter is to establish a formal procedure for individuals with disabilities seeking equal access to housing to request a reasonable accommodation 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 such requests. Reasonable accommodation means providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities.

(Ord. 981, 12-7-2010)

Whenever the following terms are used in this Chapter, they shall have the meanings established by this Section:

A. "Acts:" The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act.

B. "Individual with a disability:" As defined under the Acts, a person who has a physical or mental impairment that limits one or more major life activity, anyone who is regarded as having such impairment, or anyone who has a record of such impairment.

(Ord. 981, 12-7-2010)

A. A written request for reasonable accommodations shall be made by any individual with a disability, or his or her representative, or a developer or provider of housing for individuals with disabilities when the application of a land use or zoning regulation or policy acts as a barrier to fair housing opportunities.

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 sitting, 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 his or her choice.

C. The Director of Planning or designee 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 individual with a disability to use the specified housing. If additional information is requested, the 45-day time period for making a determination on the request stops running until the additional information is provided.

D. The Director of Planning or designee shall issue a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation.

E. While a request for a 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.

(Ord. 981, 12-7-2010)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with Acts, shall, if granted, be granted to an individual and shall not run with the land (unless the Director or designee determines that much a modification is physically integrated into the residential structure and cannot easily be removed), and shall be based on consideration of the following factors:

A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities under the Acts;

B. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the Acts;

C. Whether the requested accommodations would impose an undue financial or administrative burden on the City;

D. Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning program and;

E. Whether there are any alternative reasonable accommodations which may provide an equivalent level of benefit to the applicant.

All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodations in the appeals process as set forth in Section 15.26.060.

(Ord. 981, 12-7-2010)

Notice of the determination shall be provided to abutting owners of the property which is the subject of the request for reasonable accommodation. The notice shall provide a general description of the accommodation that was deemed necessary for the use of the house or dwelling unit, as a result of the applicant's disability.

(Ord. 981, 12-7-2010)

A. A determination by the Director of Planning shall be final unless appealed to City Council within 15 days.

B. Only the aggrieved applicant and abutting owners who received notice of the reasonable accommodation determination have a right to appeal the decision.

C. An appeal shall be made in writing, pursuant to procedures established in Section 17.02 of the Municipal Code.

(Ord. 981, 12-7-2010)